Local Rule LR83.1: Attorneys: Admission to the Bar of this Court; Change of Address.
D. Haw. — Attorney rule
LR83.1. Attorneys: Admission to the Bar of this Court; Change of Address.
(a) Eligibility for Membership. Admission to and continuing membership in the bar of this court is limited to: (1) attorneys of good moral character who are active members in good standing of the State Bar of Hawaii, and (2) attorneys of good moral character who were admitted to the bar of this court prior to October 1, 1997 as active members in good standing of a bar of the highest court of any State or territory of the United States or the District of Columbia, and who have maintained that standing.
(b) Admission to the Bar. An attorney who is of good moral character and an active member in good standing of the State Bar of Hawaii is eligible to apply for membership in the bar of this court. An applicant for admission to the bar must present to the clerk a completed and signed Petition for Admission to Practice (HID 002), along with the applicable fee.
(c) Permission to Practice Before the Court. Individuals who are not members of the bar of this court may, in the court's discretion, be granted leave to practice in this court as follows.
(1) Attorneys for the United States. An attorney who is an active member in good standing of the bar of the highest court of any State or territory of the United States or the District of Columbia and who is employed by the United States and who has occasion to appear in this court on behalf of the United States, shall be eligible to apply to practice in this court during the period of such employment. The court shall grant leave to practice upon written notice, accompanied by an affidavit verifying eligibility. If the application is granted, the attorney is subject to the jurisdiction of the court to the same extent as a member of the bar of this court.
(2) Attorneys Admitted Pro Hac Vice for a Particular Case.
(A) Eligibility. An attorney who is an active member in good standing of the bar of the highest court of any State or territory of the United States or the District of Columbia, who is of good moral character, and who has been retained to appear in this court may apply for pro hac vice status to appear in a particular case, except that, unless authorized by the Constitution of the United States or Acts of Congress, an attorney is not eligible to practice pursuant to this section if any one (1) or more of the following apply: the attorney resides in Hawaii; the attorney is regularly employed in Hawaii; or the attorney is regularly engaged in business, professional, or law-related activities in Hawaii.
(B) Application. An applicant shall submit the following information to the clerk, under penalty of perjury, using forms HID 007 and HID 007A, for each case in which the attorney seeks to appear:
(i) The attorney's city and state of residence and office address;
(ii) In what court(s) the attorney has been admitted to practice and the date(s) of admission:
(iii) That the attorney is in good standing and eligible to practice in said court(s);
(iv) Whether and under what circumstances the attorney:
(a) Is currently involved in disciplinary proceedings before any state bar, federal bar, or its equivalent;
(b) Has, in the past ten (10) years, been suspended, disbarred, or otherwise subject to other disciplinary proceedings before any state bar, federal bar, or its equivalent;
(c) Has, in the past ten (10) years, been denied admission pro hac vice by any court or agency; and
(d) Has, in the past ten (10) years, been the subject of a criminal investigation known to the attorney or a criminal prosecution or conviction in any court.
(v) Whether the attorney has concurrently or within the year preceding the current application made any pro hac vice application in this court, and if so, the case name and number of each matter wherein the attorney made the application, the date of the application, and whether or not the application was granted; and
(vi) A designation of a current member in good standing of the bar of this court who maintains an office within the district to serve as associate counsel. The application shall include the address, telephone number, and written consent of such associate counsel, including the associated attorney's commitment to at all times meaningfully participate in the preparation and trial of the case with the authority and responsibility to act as attorney of record for all purposes; to participate in all court proceedings (not including depositions and other discovery) unless otherwise ordered by the court; and to accept service of any document required or authorized to be served upon counsel by the Federal Rules of Civil or Criminal Procedure, or by these rules, which shall be deemed proper and effective service.
(C) Fee. The pro hac vice application shall be accompanied by payment to the clerk of any required assessment. Upon order by the court, the pro hac vice fee may be waived.
(D) Ruling on Application. The court will determine in its discretion whether to grant pro hac vice status. If the pro hac vice application is denied, the court may refund the fee paid by the attorney. If the application is granted, the attorney is subject to the jurisdiction of the court to the same extent as a member of the bar of this court.
(d) Notice of Change of Status. An attorney who is a member of the bar of this court, or any person who has permission to practice in this court, shall notify the court of any information that might render him or her ineligible to practice in this court, including without limitation the following:
(1) Discipline by a court or bar in any jurisdiction;
(2) Resignation from the bar of any jurisdiction while a disciplinary investigation or proceeding is pending;
(3) Conviction for a felony, or for a misdemeanor that involves dishonesty;
(4) Change in the attorney's status with another bar (including assuming inactive status) so that the attorney is no longer an active member in good standing of the bar of the highest court of any State or territory of the United States or the District of Columbia; or
(5) Revocation of pro hac vice status in another jurisdiction.
The notice shall be filed within fourteen (14) days of the change. Failure to comply with this rule may result in the imposition of sanctions.
(e) Change of Address or Contact Information.
(1) Address Changes. An attorney or a self-represented litigant whose email, post office box, physical mailing address, fax, telephone number, or firm affiliation changes while appearing in any pending case must file with the court and serve upon all other parties in all pending cases a Notice of Change of Address within fourteen (14) days that specifies the effective date of the change.
(2) Sanctions for Failure to Notify. Failure to comply with this rule may result in sanctions, including but not limited to fines, dismissal of the case, or entry of judgment when:
(a) A document directed to the attorney or self-represented litigant by the court has been returned to the court as not deliverable; and
(b) The court fails to receive, within thirty (30) days of this return, a written communication from the attorney or self-represented litigant indicating a current address for service.