Circuit Rule 46-5: Restrictions on Former Court Employees Participating in Cases
Circuit Rules and General Orders of the Ninth Circuit — Title VII. General Provisions
No former employee of the Court shall participate or assist, by way of representation, consultation, or otherwise, in any case that was pending in the Court during the employee’s period of employment. It shall be the responsibility of any former employee, as well as the persons employing or associating with a former employee in the practice of law before this Court, to ensure compliance with this rule.
An attorney or other former employee who had no direct or indirect involvement with the case during employment with the Court, and who was not employed or assigned in the chambers of any judge who participated in the case during the attorney or other former employee’s employment with the Court, may seek an exemption. To do so, the attorney or other former employee must file a completed Form 35 Certificate of Exemption under Circuit Rule 46-5 in the case at issue. (Rev. 1/1/11; Rev. 7/1/13; Rev. 6/1/26)
Notes
Circuit Advisory Committee Note to Rule 46-5
The rule is intended to avoid the appearance of impropriety if a former court employee were to work on a matter that was pending in the court during the employee’s period of employment. With respect to attorneys employed or assigned in the chambers of any judge, an application for an exemption shall show that the judge did not participate in ruling on any motion or other aspect of the case, including making, responding to, or voting on an en banc call during the employee’s period of employment. (New 7/1/13)