Local Rule LCivR 83.2: BAR ADMISSION AND APPEARANCE IN A CASE — E.D. Wash.

LCivR 83.2 BAR ADMISSION AND APPEARANCE IN A CASE

(a) Eligibility.

(1) Attorneys Admitted to the Washington State Bar. Any attorney who is a member in good standing of the Washington State Bar Association is eligible for admission to the bar of this Court. Admission to and continuing membership in the bar of this Court is limited to attorneys who are active members in good standing of the State Bar of Washington.

(2) U.S. Attorneys for the Eastern District of Washington and Federal Defenders of Eastern Washington. Any attorney who is a member in good standing of the bar of any state; who is employed in a professional capacity by the office of the United States Attorney for the Eastern District of Washington or the Federal Defenders of Eastern Washington; and who, while being so employed, may have occasion to appear in this Court on behalf of the United States or the Federal Defender is eligible for conditional admission to the bar of this Court.

(3) Other Attorneys for the U.S. Any attorney employed outside of this district on a regular basis by any agency of the United States who is a member in good standing of the bar of any state, may appear in this Court on behalf of the United States on an individual case without being admitted to the bar thereof, subject to the Local Rules of this Court including the Local Rules governing the conduct of attorneys.

(b) Procedures for Admission.

(1) General Procedure for Admission.

(A) Contents of Petition. Each applicant shall complete a petition for admission, which form can be obtained from the Clerk of Court. The petition shall include the following: the applicant's residential address; office address; general and legal education; the courts to which the applicant has been admitted to practice; current bar status, where admitted; disciplinary actions or sanctions, if any, to which applicant has been subjected or are now pending; and such other information required by the Court.

(B) Character Certificates. Every petition for admission shall be accompanied by certificates from two members of the bar of this Court who are acquainted with the applicant. The certificate shall set forth the members' appraisal of the applicant's reputation and character. If the applicant is not acquainted with two members of the bar of this Court, the applicant shall complete the Petition for Admission, Form A. Form A requires additional information including a list of all courts in which the applicant has practiced, a summary of his/her experience as an attorney, and two certificates of recommendation from members of the Washington State Bar, or another state bar, who set forth their appraisal of the applicant's reputation and character.

(C) Submission. The applicant shall file with the Clerk of Court a verified petition and pay the Clerk the prescribed fee. If the Clerk finds that the petition for admission complies with the requirements in this section, the Clerk shall submit the petition to the Court. If the Court is satisfied that the applicant is of good moral character and professional standing, the petition shall be granted. The applicant must then take the oath of admission in order to complete the admission process.

(2) Conditional Admission for U.S. Attorneys for the Eastern District of Washington and Federal Defenders of Eastern Washington.

(A) Contents of Petition. In the case of an attorney employed in this district for the U.S. Attorney or the Federal Defender, his or her petition must contain all information set forth under subsection (1)(A) of this rule. The form "Petition for Conditional Admission" can be obtained from the Clerk of Court or found on the Court's public website, http://www.waed.uscourts.gov.

(B) Verification. In lieu of certificates from two members of the bar, set forth in subsection (1)(B) of this rule, the applicant shall provide a verification from the district's U.S. Attorney or one of the district's Assistant U.S. Attorneys that the individual is an attorney for the United States or from the district's Federal Defender or one of the district's Assistant Federal Defenders that the individual is an attorney for the Federal Defender organization.

(C) Submission. The applicant shall file with the Clerk of Court a verified petition. If the Clerk finds that the petition for admission complies with the requirements in this section, the Clerk shall submit the petition to the Court for consideration and approval. The applicant must then take the oath of admission in order to complete the admission process. The right of such an attorney to practice before this Court is conditional upon his or her continuing to be employed as a U.S. Attorney or Federal Defender. The admission fee is waived for conditional admission for attorneys employed by the U.S. Attorney and Federal Defender.

(1) In General. Any member in good standing of the bar of any court of the United States, or of the highest court of any state, or of any organized territory of the United States, and who neither resides nor maintains an office for the practice of law in the State of Washington, may be permitted upon a showing of particular need to appear and participate in a particular case. There shall be joined of record in such appearance an associated attorney admitted to practice in this Court who shall sign all pleadings, motions, and other papers prior to filing and shall meaningfully participate in the case.

(2) Fee. An applicant shall pay the prescribed fee for pro hac vice appearance.

(3) Contents of Motion. A motion to appear pro hac vice shall include the following:

(A) Applicant's address and phone number;

(B) Dates of admission to practice before other courts;

(D) The necessity for appearance by the applicant;

(E) Whether the applicant has any pending disciplinary sanction actions or has ever been subject to any disciplinary sanctions by any court or bar association.

(d) Appearances, Withdrawal, and Substitution.

(1) Appearances and Changes to Attorney's Address. An appearance may be made by filing a formal notice of appearance. Alternatively, the filing of any document shall constitute an appearance by the attorney who signs it. Once an attorney has appeared in a case, the attorney must promptly file a notice of change of address if there is a change in the attorney's mailing address, business e-mail address, telephone, or fax number. The attorney must also update his or her CM/ECF User Account.

(2) A Party Having Appeared by an Attorney. A party having appeared by an attorney cannot appear pro se or otherwise act except through the attorney, unless a motion has been filed and properly served and an order of substitution is entered by the Court.

(3) Withdrawal and Substitution of Counsel. Where there has simply been a change (withdrawal or addition) of counsel within the same law firm, an order of substitution is not required; the new attorney will file a "Notice of Appearance" or the withdrawing attorney will file a "Notice of Withdrawal." However, where there is a change in counsel that affects a termination of one law office and the appearance of a new law office, leave of Court is required and a "Motion for Leave to Withdraw" shall be filed. The motion shall demonstrate good cause and shall be governed by LCivR 7.

(4) Withdrawal of Counsel–Court Approval Required. An attorney must obtain leave of Court if his or her withdrawal leaves the party unrepresented or without local counsel. A "Motion for Leave to Withdraw" must be filed and served on the client and opposing party. The motion shall demonstrate good cause and shall be governed by LCivR 7.

(5) Death, Removal, Suspension, or Inaction of Attorney. When an attorney dies, is removed or suspended, or ceases to act, the party, unless already represented by another attorney, must designate a new attorney or file a pro se notice of appearance before further proceedings occur.

(6) Attorney's Authority and Duty Shall Continue. The authority and duty of attorneys of record shall continue after final judgment for all proper purposes.

(e) Multiple counsel—Limitation of Activities.

If more than one attorney represents a party, only one attorney shall examine or cross-examine a witness on behalf of such party, and not more than two attorneys shall argue the merits of the cause on behalf of such party, except by permission of the Court.

(f) Compliance with Local Rules and Practice Before the Court.

Every member of the bar of this Court or attorney practicing before it shall be familiar with and comply with the Local Rules of this Court and shall maintain the respect due courts of justice and judicial officers; perform with the honesty, care, and decorum required for the fair and efficient administration of justice; and discharge the obligations owed to his or her client and to the judges of the Court.

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