Local Rule DUCivR 83-1.1: ATTORNEYS – ADMISSION TO PRACTICE

DUCivR 83-1.1 ATTORNEYS – ADMISSION TO PRACTICE

(a) Attorney Admission.

(1) Eligibility. An attorney who is an active member in good standing of the Utah State Bar is eligible for admission to this court's bar.

(2) Application. An eligible attorney must complete an online application using Public Access to Court Electronic Records (PACER).

(3) Pro Bono Service Requirement. By applying to become a member of this court's bar, an attorney agrees to accept a reasonable number of pro bono appointments when requested by the court, except when the attorney is employed by a government agency that precludes accepting pro bono appointments.

(4) Admission Fee. Once the court reviews an application and verifies the attorney's membership status with the Utah State Bar, the court will send to the attorney an email containing a link to pay the admission fee. The admission fee must be paid within 30 days from the date of the email or the application will be denied, and the attorney must complete a new application.

(5) Active Membership Status. An attorney who is admitted to this court's bar must renew membership as set forth in DUCivR 83-1.2. After an attorney is admitted, the attorney is not required to pay the annual registration fee until at least 12 months have passed since admission.

(b) Federal Attorney Admission.

(1) Eligibility. An attorney employed by the United States, its agencies, or the Federal Public Defender's Office, who is an active member and in good standing in the bar of any state or the District of Columbia, may practice in this district in the attorney's official capacity.

(2) Application. An eligible federal attorney must complete an online application using PACER.

(3) Pro Bono Service Requirement. A federal attorney is exempt from the court's pro bono service requirement.

(4) Fees. A federal attorney is exempt from paying the admission and annual registration fees.

(c) Pro Hac Vice Admission.

(1) Eligibility. A PHV applicant is an active member in good standing in the bar of any state or the District of Columbia but not an active member of the Utah State Bar or a federal attorney. A PHV applicant may be admitted for the limited purpose of appearing in a case in this district after associating with local counsel.

(A) Restrictions on Pro Hac Vice Admission. Pro hac vice admission is not available to any attorney who:

(i) is a member of the Utah State Bar;

(ii) except as provided in section 83-1.1(c)(1)(B), maintains any law office in Utah; or

(iii) has already been admitted pro hac vice in 3 unrelated cases in the previous 5 years in this district, unless the court finds good cause for the attorney not seeking admission to the Utah State Bar.

(B) Exemption from Restrictions. A PHV Applicant who is an active member in good standing in the bar of any state or the District of Columbia and who maintains a law office in Utah may be admitted pro hac vice while awaiting admission to the Utah State Bar. Within 45 days after notice from the Utah State Bar of admission, denial of admission, or, under a Utah State Bar admission rule, upon termination of eligibility to practice, the PHV Applicant must—

(i) when admitted, apply for Attorney Admission under section 83-1.1(a) and pay the required admission fee; or

(ii) when denied admission or upon termination of eligibility to practice, cease practicing law in this court under section 83-1.1(c)(1) and:

(a) send a notice of admission status to the Clerk's Office (utdecf_clerk@utd.uscourts.gov); and

(b) file a withdrawal of counsel or a substitution of counsel in every case in which the PHV Applicant has appeared.

(2) Local Counsel.

(A) Local counsel is an active member in good standing of this court's bar.

(B) Local counsel must:

(i) file a motion consenting to serve as local counsel and requesting admission of the PHV applicant;

(ii) attach to the motion a completed PHV application and proposed order, both of which are available on the court's website; and

(iii) pay the pro hac vice admission fee at the time of filing the motion.

(C) Local counsel must be present when the attorney admitted pro hac vice appears in court, unless the court orders otherwise.

(3) Objection to PHV Admission. A party opposing pro hac vice admission must file an objection within 14 days of the filing of the motion, even if the court has granted the motion. Local counsel or the PHV applicant need not file a response after an objection is filed unless ordered to do so by the court.

(4) Revocation of PHV Admission. The court may revoke a PHV Attorney's admission for good cause shown, including but not limited to, violation of this court's rules or failure to comply with court orders.

(d) Rules and Conduct.

(1) An attorney who practices in this court must comply with the Local Rules of Practice, ECF Procedures Manual, Utah Rules of Professional Conduct, and Utah Standards of Professionalism and Civility. An attorney's conduct and professionalism are governed by these rules and the manual.

(2) An attorney who practices in this court must register to efile and receive electronic notifications of case activity.

(3) An attorney who practices in this court must maintain valid and current contact information, including mailing, email, and telephone, in PACER.