Local Rule 9010-1: STUDENT LAW CLERKS

Rule 9010. ATTORNEYS - NOTICE OF APPEARANCE 9010-1. STUDENT LAW CLERKS [Former Rule 6]

A. An eligible law student may, with the approval of his or her law school dean or a member of the law school faculty and of a Bankruptcy Judge of the Western District of New York, serve as a part-time student law clerk to that Bankruptcy Judge.

B. In order to so serve, the law student shall:

(1) be duly enrolled in a law school approved by the American Bar Association;

(2) have completed legal studies amounting to at least two semesters or the equivalent;

(3) be enrolled in a course or program at his or her law school offering academic credit for serving as a part-time law clerk to a Judge or be certified by the dean of his or her law school for non-credit clinical experience;

(4) be supervised by a member of a law school faculty. This faculty advisor shall, to the extent possible, review all aspects of the student's work before it is submitted to the Judge;

(5) be certified by the dean or a faculty member of his or her law school as being of good character and competent legal ability. This certification may be withdrawn by the certifier at any time by mailing a notice to the Judge supervising the student. Termination of certification by the certifier shall not reflect on a student's character or ability unless otherwise specified. A copy of such certification and decertification shall be filed with the Clerk of the Court;

(6) neither be entitled to ask for not receive compensation of any kind from the Court or anyone in connection with service as a part-time law clerk to a Judge;

(7) certify in writing, which certification shall be filed with the Clerk of the Bankruptcy Court, that he or she:

(a) has read and is familiar with and will comply with the Code of Professional Responsibility, and relevant provisions of the Code of Judicial Conduct for United States Judges, and

(b) will abstain from revealing any information and making any comment at any time, except to his or her faculty advisor or to the Court personnel as specifically permitted by the Judge to whom he or she is assigned, concerning any proceeding pending or impending in this Court while he or she is serving as a part-time clerk.

C. A Judge supervising a part-time clerk may terminate or limit the clerk's duties at any time without notice or hearing and without showing of cause. Such termination or limitation shall not be considered a reflection on the character or ability of the part-time clerk unless otherwise specified.

D. An attorney in a pending proceeding may at any time request that a part-time clerk not be permitted to work on or have access to information concerning that proceeding and, on a showing that such restriction is necessary, a Judge shall take appropriate steps to restrict the clerk's contact with the proceeding.

E. For the purpose of Canons 3-A(4) and 3-A(6) of the Code of Judicial Conduct for United States Judges, a part-time law clerk is deemed to be a member of the Court's personnel.

F. Forms for designating compliance with the rule are available in the Clerk's office.