Local Rule Rule 83B: Law Student Practice

RULE 83B LAW STUDENT PRACTICE

(a) Appearance in Court by Law Students.

Upon satisfaction of the requirements of this rule, a law student is deemed eligible to assist in the preparation of briefs, motions and other documents in civil and criminal matters on behalf of an indigent defendant, as assigned by the court, provided that the law student is supervised by an attorney admitted to the bar of this court. At the discretion of the court, and upon the express prior approval of the presiding judge, the student may appear and make oral presentations accompanied by a supervising attorney. Law students in law school clinics are prohibited from receiving direct or indirect payment or remuneration of any kind in connection with his or her student practice before this court.

The court may, at its discretion, establish any exception it deems necessary to this rule, and at any time may revoke permission for an eligible law student to appear and practice, without cause, notice, or hearing.

(b) Eligible Law Students.

Eligible law students must be actively enrolled and in good standing in a law school accredited by the American Bar Association and have completed four (4) semesters of the legal studies required for graduation, including courses in civil and criminal procedure, and evidence.

Motions requesting permission for an eligible law student to appear and practice before this court must be filed by a supervising attorney with the clerk, accompanied by all necessary documents demonstrating compliance with the provisions of this rule, including: A certification by the dean of the law school that the law student is adequately trained to fulfill all responsibilities as a law student intern to the court; and a statement by the law student that he has read and is familiar with the Local Rules, the American Bar Association Model Rules of Professional Conduct and the American Trial Lawyers Code of Pretrial and Trial Conduct, as adopted by this court.

(c) Certification.

The dean of a duly accredited school of law may certify a law student who meets the following requirements:

(1) has completed legal studies amounting to at least 4 semesters;

(2) is of good character and competent legal ability and is adequately trained to perform as a legal intern;

(3) promises not to ask for or receive any compensation or remuneration of any kind for his or her services from the person on whose behalf service is rendered; but this shall not prevent a legal aid bureau, law school, law firm, or government from paying compensation to the eligible law student, nor shall it prevent any agency or law firm from making such charges for its services as it may otherwise properly require; and,

(4) has read and is familiar with the American Bar Association's Model Rules of Professional Conduct, the American College of Trial Lawyers Code of Pretrial and Trial Conduct, the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure, the Federal Rules of Evidence, and the Local Rules of this court.

The certification shall be filed with the clerk and may be withdrawn by the dean at any time by mailing notice to that effect to the clerk; it is not necessary that the notice state the cause for withdrawal. The certification may be terminated by the court without notice or hearing and without any showing of cause. Notice of termination shall be filed with the clerk.

(d) Supervising Attorneys.

Supervising attorneys must have been admitted to practice before this court for at least three (3) years. Supervising attorneys shall attend all assigned law student practice proceedings before the court and sign all filings submitted to the court. Supervising attorneys must assist and counsel law students in all aspects of, and assume professional responsibility and liability for, the supervised law students' practice in matters before the court.