Local Rule General Rule 1.3: ATTORNEYS

GENERAL RULE 1.3 ATTORNEYS

(A) ROLL OF ATTORNEYS The bar of this court consists of those attorneys admitted to practice in this district.

(B) ELIGIBILITY A member in good standing of the bar of another federal court, the highest court of any state, or the District of Columbia may apply for admission to the bar of this court.

(C) PROCEDURE FOR ADMISSION

(1) An applicant for admission to the bar of this court must apply for admission via PACER.gov. Detailed instructions are on the court's website.

(2) An applicant for admission to the bar of this court must pay the admission fee set by the Judicial Conference of the United States plus an additional local admission fee. An attorney representing the United States, or an agency thereof, or employed by the Office of the Federal Public Defender is exempt from paying the admission fee.

(3) The determination of an applicant's character and fitness to practice before this court is a matter within the sole discretion of the court. Before an applicant is denied admission, the applicant will be given notice and an opportunity to be heard.

(4) An applicant for admission to the bar of this court must adhere to the North Dakota Rules of Professional Conduct in matters of discipline and agree to comply with these rules.

(D) PRO HAC VICE ADMISSION An attorney not admitted to practice before this court may be admitted pro hac vice to represent a client in a single case. An attorney applying for pro hac vice admission must adhere to the North Dakota Rules of Professional Conduct in matters of discipline and agree to comply with these rules. In addition, the attorney must pay a local admission fee. Detailed instructions for applying to appear pro hac vice are on the court's website.

An attorney representing the United States, or an agency thereof, or employed by the Office of the Federal Public Defender is not permitted to appear pro hac vice and must apply for full admission.

(E) APPEARANCES An attorney may not participate in a proceeding before the court until the attorney's name has been entered with the court as an attorney of record unless the attorney is anticipating appointment by the court, or the court has granted the attorney leave to appear.

(F) SUBSTITUTION AND WITHDRAWAL OF ATTORNEYS

(1) Notice of Substitution. A notice of substitution may be filed only if an attorney from a law firm or agency replaces another attorney from the same law firm or agency.

(2) Motion to Substitute. A motion to substitute must be filed if a change of representation includes an attorney from a different law firm or agency. The attorney assuming representation in the case must serve and file a motion to substitute, establishing good cause for the change of representation. An attorney ceasing representation is not relieved of their duties to the court, the client, or to an opposing attorney until the court has granted the motion for substitution.

(3) Motion to Withdraw. An attorney who has appeared as attorney of record in a case and who is seeking to withdraw from the representation must serve and file a motion to withdraw, establishing good cause for withdrawing. The attorney seeking to withdraw must serve their client with the motion unless another attorney from the same law firm or agency will continue to represent the client. The attorney seeking to withdraw is not relieved of their duties to the court, the client, or to an opposing attorney until the court has granted the motion to withdraw.

(4) Appearing on Behalf of an Attorney of Record. An attorney who is admitted to practice before this court may appear on behalf of an attorney of record without filing a notice of appearance or a notice of substitution in the event of an emergency or a scheduling conflict.

(G) CONTINUED DUTIES An attorney admitted to practice under this rule must promptly update PACER with change of name, business address, telephone number, or email address. An attorney admitted to practice under this rule must remain a member in good standing of the bar of another federal court, the highest court of any state, or the District of Columbia.

(H) DISCIPLINARY ENFORCEMENT

(1) A member of the bar may be disbarred, suspended from practice for a definite time, reprimanded, or subjected to other discipline as the court may deem proper, upon a showing of good cause and after the court has afforded the attorney the opportunity for a hearing. Pending a hearing, the court may temporarily suspend an attorney or impose other restrictions the court deems appropriate under the circumstances. The court may order an attorney who has been disciplined by this court to notify all other jurisdictions in which the attorney is admitted of this court's discipline.

(2) If an attorney admitted to practice before this court is convicted of a serious crime, subject to public discipline, disbarred by another jurisdiction, or has otherwise breached standards of the North Dakota Rules of Professional Conduct or the standards of professional conduct of a jurisdiction to which the attorney is admitted, the court may enter an order requiring the attorney to appear before the court and show good cause why the attorney should not be disciplined by this court. The clerk must immediately serve a copy of the show cause order upon the attorney.

Following the issuance of a show cause order, the court may refer the matter to the United States Attorney or to another attorney appointed by the court for investigation and prosecution or the formulation of other recommendations as may be appropriate. The clerk must serve a suspension order on the attorney by certified mail at the address shown in PACER. The order may require the respondent-attorney to show cause within thirty (30) days after service why the attorney should not be disciplined. If the attorney responds, the matter must promptly be set for a hearing before one or more judges of this court. If the attorney fails to respond within the required time, the court may take disciplinary action as may be appropriate under the circumstances.

A prosecuting attorney may file a motion requesting an award of reasonable fees and costs expended during a disciplinary investigation or prosecution. Reasonable fees and costs, if awarded, may be taxed against the respondent-attorney, who must make immediate payment.

(3) An attorney may be subject to appropriate disciplinary action if, before admission to the bar of this court or after disbarment or suspension from the bar of this court, the attorney exercises the privileges of a member of the bar in an action or proceeding in this court or pretends to be entitled to do so.

(4) The clerk must promptly notify the National Lawyer Regulatory Data Bank, operated by the American Bar Association, of an order imposing public discipline on an attorney admitted to practice before this court.

(I) REINSTATEMENT

(1) An attorney who has been disbarred or suspended may file a motion for reinstatement with the clerk. Upon receipt of the motion, the court may refer the motion to the United States Attorney or to another attorney appointed by the court for investigation and preparation of a report. The matter may be set for a hearing before one or more judges of this court. The movant has the burden to demonstrate by clear and convincing evidence that the movant possesses the moral qualification, competency, and knowledge of the law required for admission to practice before this court. The movant must also demonstrate that their reinstatement is not detrimental to the integrity of the bar or to the administration of justice, or contrary to the public interest.

(2) An attorney who has been suspended or permanently disbarred by another jurisdiction and thereafter reinstated by that jurisdiction is not, solely by reason of reinstatement, permitted to practice in this court.

An attorney who has been reinstated to practice in another jurisdiction may file a motion for reinstatement to the bar of this court, supported by a certified copy of the order of reinstatement with the Bismarck clerk's office.

The movant must file a brief that sets forth the grounds of the suspension or disbarment, the grounds for reinstatement, and other facts supporting the motion for reinstatement to practice in this court.

(3) Upon receiving the final determination by the court of the motion for reinstatement, the clerk must file and enter the order and advise the movant.