Local Rule Rule 83.2: Student Practice Rule

Rule 83.2 Student Practice Rule

(a) Compliance with Rule.

Students may participate as attorneys in civil and criminal cases in this court subject to their compliance with all of the requirements of this rule.

(b) Eligibility.

An eligible student must:

(1) be duly enrolled in a law school accredited or provisionally accredited by the American Bar Association;

(2) have completed at least three semesters of legal studies;

(3) have knowledge of the Federal Rules of Civil and Criminal Procedure, the Federal Rules of Evidence, the Code of Professional Responsibility, and the local rules of this court;

(4) be supervised by a supervising attorney as defined in subsection (c) of this rule;

(5) be certified by the Dean of the law school where the student is enrolled, or the Dean's designee, as being of good character and sufficient legal ability and adequately trained to fulfill the responsibilities of a legal intern to both the client and the court;

(6) be certified by the court to practice pursuant to subsection (d) of this rule; and

(7) decline personal compensation for his or her legal services from a client or any other source.

(c) Supervising Attorney.

A supervisor must:

(1) either (i) have faculty or adjunct faculty status at a law school at which a portion of the supervisor's duties includes supervision of students in a clinical program; or (ii) be a member of the bar of this court for at least two years, who in the determination of the court, is competent to carry out the role of supervising attorney;

(2) be admitted to practice in this court;

(3) be certified by the court as a student supervisor;

(4) be present with the student at all times in court, and at other proceedings in which testimony is taken;

(5) co-sign all pleadings or other documents filed with the court;

(6) assume full personal and professional responsibility for a student's guidance and any work undertaken and for the quality of the student's work and be available for consultation with represented clients;

(7) assist and counsel the student in activities mentioned in subsection (e) of this rule, and review such activities with the student, to the extent required for proper practical training of the student and the protection of the client; and

(8) supplement oral or written work of the student as necessary to ensure proper representation of the client.

(d) Certification of Student and Supervisor.

(1) Student. The court's certification of a student to practice under this rule shall be filed with the clerk and shall remain in effect for 18 months or until the student graduates from law school, whichever is earlier. Certification to appear generally or in a particular case may be withdrawn by the court at any time, in the discretion of the court and without any showing of cause.

(2) Supervising Attorney. Certification of the supervising attorney shall be filed with the clerk, and shall remain in effect indefinitely unless withdrawn by the court, in its discretion and without any showing of cause.

(e) Activities.

A certified student may under the personal supervision of his or her supervisor:

(1) represent any client, including federal, state, or local governmental bodies, if the client on whose behalf the certified student is appearing has consented in writing to that appearance and the supervising attorney has given written approval of that appearance;

(2) represent a client in any criminal, civil, or administrative matter; however, the court retains the authority to limit a student's participation in any individual case;

(3) in connection with matters in this court, engage in other activities on behalf of the client in all ways that a licensed attorney may, under the general supervision of the supervising attorney; however, a student shall make no binding commitments on behalf of a client absent prior client and supervisor approval, and in any matters in which testimony is taken, including depositions, the student must be accompanied by the supervising attorney. Documents or papers filed by the student shall be read, approved, and co-signed by the supervising attorney. The court retains the authority to establish exceptions to such activities; and

(4) prior to oral participation by a certified student in a hearing or trial, the supervising attorney shall provide the court with a written statement of the anticipated scope of the student's participation.