5th Cir. R. 46: Attorneys

46.1 Admission and Fees. Attorneys must have and maintain a valid underlying license to practice law issued by a governmental licensing authority listed in FED. R. APP.

P.46(a)(1) to be admitted and continue to practice before this court. Admission is governed by FED. R. APP. P. 46 and this rule. Attorneys admitted to this court must provide the clerk a valid e-mail and mailing address, as well as a working telephone number, and must provide updated information to the clerk when changes occur. Attorneys are admitted for a period of five years and must, after notice from the clerk, timely apply for readmission. To be admitted or readmitted, an attorney must pay the fee fixed by court order. No fee will be required of an attorney who otherwise has all qualifications for admission and is: appointed to represent an appellant in forma pauperis; appearing on behalf of the United States; or newly graduated from law school, licensed to practice in Louisiana, Mississippi, or Texas, and on orders for extended active duty in the Judge Advocate General' s Corps.

46.2 Suspension or Disbarment. In addition to FED. R. APP. P. 46(b), attorneys may be suspended or removed from the roll of attorneys permitted to practice before this court if the appropriate law licensing authority withdraws or suspends the attorney’s license to practice law, or the license to practice lapses.

46.3 Entry of Appearance. Attorneys admitted to the bar of this court must enter their appearance in each case in which they participate at the time the case is docketed or upon notice by the clerk. A form for entry of appearance is provided by the clerk. In addition to other pertinent information, the form requires counsel to cite all pending related cases and any cases on the docket of the Supreme Court, or this or any other United States Court of Appeals, which involve a similar issue or issues. Counsel must update such information at the time of briefing. Counsel must also indicate on the form whether the appeal is in a category of cases requiring preference in processing and disposition as set out in 5TH CIR. R. 47.7.

I.O.P. - DISCIPLINARY ACTION - FED. R. APP. P. 46(B) AND (C) GOVERN THE PROCEDURES FOLLOWED TO INVOKE DISCIPLINARY ACTION AGAINST ANY MEMBER OF THE BAR OF THIS COURT FOR FAILURE TO COMPLY WITH THE RULES OF THIS COURT, OR FOR CONDUCT UNBECOMING A MEMBER OF THE BAR.

DUTIES OF COURT APPOINTED COUNSEL - THE JUDICIAL COUNCIL OF THE FIFTH CIRCUIT HAS ADOPTED A PLAN UNDER THE CRIMINAL JUSTICE ACT DETAILING THE DUTIES AND RESPONSIBILITIES OF COURT APPOINTED COUNSEL. A COPY OF THIS PLAN IS AVAILABLE FROM THE CLERK.

AN APPOINTED COUNSEL MAY CLAIM COMPENSATION FOR SERVICES FURNISHED BY A PARTNER OR ASSOCIATE WITHIN THE MAXIMUM COMPENSATION ALLOWED BY THE ACT. HOWEVER, THE COURT EXPECTS COURT-APPOINTED COUNSEL TO TAKE THE LEAD IN PREPARING THE BRIEF AND PRESENTING ORAL ARGUMENT, IF ARGUMENT IS ALLOWED. CLAIMS BY ASSOCIATE COUNSEL FOR IN-COURT SERVICES AND TRAVEL EXPENSES INCURRED IN CONNECTION THEREWITH ARE NOT ALLOWED UNLESS THE PARTNER OR ASSOCIATE IS APPOINTED UNDER THE CRIMINAL JUSTICE ACT ON ADVANCE MOTION AND APPROVAL BY THE COURT.