Local Rule General L. R. 83: Courthouse; Appearing Before the Court; Admission to Practice; Discipline; Only Natural Persons May Appear Pro Se; Sanctions

General L. R. 83. Courthouse; Appearing Before the Court; Admission to Practice; Discipline; Only Natural Persons May Appear Pro Se; Sanctions.

(a) Courthouse.

(1) Photographing, Broadcasting, and Recording. No one may take any photographs of, make any recordings in, or make any broadcasts from any of the courtrooms, jury rooms adjacent to the courtrooms, libraries, the grand jury room and adjacent areas, the clerk's office, or the corridors located on the second, third and fourth floors of the Federal Courthouse in Milwaukee or the court-occupied space in Green Bay, without first obtaining written permission from the person in charge of those offices. These prohibitions do not apply to ceremonial proceedings.

(2) Causing a Disturbance or Nuisance. Causing a disturbance or nuisance in the Federal Courthouse in Milwaukee or in the court-occupied space in Green Bay is prohibited. Picketing or parading outside of the Federal Courthouse in Milwaukee is prohibited only when such picketing or parading obstructs or impedes the orderly administration of justice.

(3) Contempt. The United States Attorney may enforce these prohibitions by seeking an order that requires any person who violates General L. R. 83(a)(1) or 83(a)(2), or both, to appear before a judge to answer to a charge of contempt.

(4) Enforcement. The United States Marshal, the Marshal's deputies or a custodian of the Federal Courthouse may enforce General L. R. 83(a)(1) or 83(a)(2), or both, by ejecting violators or by referring the matter to the United States Attorney.

(b) Appearing Before the Court. Unless appearing pro se subject to the limitations in General L. R. 83(e), all parties to proceedings in this Court must appear by an attorney admitted to practice in this Court. This requirement does not apply to attorneys appearing pursuant to Fed. R. Civ. P. 45(f).

(c) Admission to Practice.

(1) Eligibility for Admission to Practice. Any licensed attorney in good standing before any United States court, or the highest court of any State, or the District of Columbia is eligible for admission to practice in this Court.

(2) Procedure for Admission to Practice.

(A) An eligible attorney who seeks admission to practice in this Court must complete the admission form prescribed by the Clerk of Court using the Pacer system as follows:

(i) Electronically submit to the Clerk of Court: (1) certificate of good standing from any United States court, or the highest court of any State or the District of Columbia; or (2) the affidavit or sworn statement of an attorney admitted to practice in this Court that the applicant is an attorney in good standing in one of these courts.

(ii) File with the Clerk of Court the following oath subscribed and sworn to before any person authorized to administer oaths:

I do solemnly swear that to the best of my knowledge and ability, I will support and defend the Constitution of the United States against all enemies, foreign and domestic, and that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will demean myself as an attorney and counselor of the United States District Court for the Eastern District of Wisconsin uprightly and according to law.

Thereupon, after payment of the prescribed fee to the Clerk of Court, the Clerk of Court may admit the applicant to practice before this Court.

(B) At the request of an eligible attorney and upon motion of a member of this Court and after payment of the prescribed fee, the eligible attorney may be admitted ceremonially by a judge.

(C) Upon good cause shown, a judge or the Clerk of Court may permit an eligible attorney to be admitted to practice without payment of the prescribed fee.

(D) Any federal government attorney authorized by statute or regulation to appear in a United States district court is admitted to practice before this Court.

(E) Pro hac vice motions for admission are not permitted.

(3) Assistance of Local Counsel. At any time, upon its own motion, the Court may require that a nonresident attorney obtain local counsel to assist in the conduct of the action.

(d) Discipline.

(1) Attorneys practicing before this Court are subject to the Wisconsin Rules of Professional Conduct for Attorneys, as such may be adopted from time to time by the Wisconsin Supreme Court and except as may be modified by this Court. After notice and opportunity to be heard, any attorney who violates those standards of conduct may be barred from practice before this Court, suspended from practice for a definite time, reprimanded, or subjected to such other discipline as the Court may deem proper.

(2) Notwithstanding the provisions of General L. R. 83(d)(1), upon learning that any attorney admitted to practice in this Court has been disbarred or suspended from practice (other than for the nonpayment of dues) by the highest court of any state in which the attorney is licensed, this Court may suspend the attorney from practice before this Court. The Clerk of Court must mail a notice of suspension and a copy of this rule to the attorney. Upon request, the attorney must be afforded a reinstatement hearing within 30 days from the date the request is received by the Court. Any attorney admitted to practice or appearing before this Court who is disbarred or suspended in any jurisdiction must promptly report the matter to this Court.

(3) The Court, in its discretion, may report any allegation of unethical conduct to the appropriate authority regulating the practice of law in any jurisdiction in which the attorney has been admitted to practice law.

(e) Only Natural Persons May Appear Pro Se. Only natural persons, including those operating sole proprietorships, may appear pro se. Legal entities, such as corporations, partnerships, unincorporated associations, limited liability companies, or trusts, must be represented by legal counsel.

(f) Sanctions for Violation of Local Rules. The Court may impose appropriate sanctions on any party or attorney who fails to comply with a Local Rule. The Local Rules are intended to be enforced primarily upon the Court's own initiative. A party should not file a motion seeking sanctions for alleged noncompliance with a Local Rule unless the alleged violation is egregious or unfairly prejudicial.

Committee Comment: The Committee reviewed an April 16, 2009, memorandum from the Administrative Office of the United States Courts addressing attorney admission procedures and verification of attorneys' bar status. In light of that memorandum, the Court should consider whether to eliminate the provision of General L. R. 83(c), allowing applicants to rely on the affidavit or sworn statement of an attorney admitted to practice in this District to establish that the applicant is an attorney in good standing elsewhere, or an oral attestation to that effect. Eliminating those provisions might increase the burden on the state bar entities to produce certificates of good standing for applicants for admission to practice in this District.

General L. R. 83(c) has been amended to make explicit that one seeking admission to practice in this District must pay the fee. The former rule emphasized the application and oath requirements and mentioned payment of the fee only in passing. In contrast, the Court's website lists the fee separately, thus enumerating three requirements for admission to practice in this District.

General L. R. 83(c)(2)(D) is new. The provision that any federal government attorney authorized by statute or regulation to appear in a U. S. district court is admitted to practice in this District is based, in substantial part, on 28 U.S.C. §§ 515-517.

General L. R. 83(f) is new and explicitly states that the Court has the ability to issue sanctions under the local rules. The second and third sentences reflect the Court's expectation that counsel will rarely file such motions.