Local Rule 83.2: Law Student Representation

Local Rule 83.2 Law Student Representation

(a) An eligible law student acting under a supervising attorney may enter an appearance in this Court on behalf of any party, including the United States or a governmental agency, provided the party on whose behalf the student appears has consented thereto in writing. If the law student is an intern for, or is otherwise employed by, the United States Attorney or the Public Defender, it shall be sufficient to file the written consent and approval with the Clerk of the Court and with each active District Judge and Magistrate Judge once for the term of the student's participation.

(b) The supervising attorney shall be a member of the bar of this Court and, with respect to the law student's proposed appearance before this Court, shall:

(1) file with the Clerk of this Court the attorney's written consent to supervise the student in each case in which the student appears;

(2) assume personal professional responsibility for the student's work, including malpractice protection for the benefit of the represented clients;

(3) assist the student to the extent necessary;

(4) appear with the student in all proceedings before the Court and be prepared to supplement any written or oral statement made by the student to this Court or opposing counsel.

(c) In order to be eligible to appear, the student shall:

(1) be enrolled in a law school accredited by the American Bar Association.

(2) have completed legal studies amounting to at least four semesters, or the equivalent if the school is on some basis other than a semester basis;

(3) be certified, by either the dean or a faculty member of the student's law school designated by the dean, as being of good character and competent legal ability, and as being adequately trained to perform as an eligible law student under this rule. The certification of a student by the dean shall remain in effect for 18 months, or until the announcement of the results of the student's first bar examination following the student's graduation, whichever is earlier. For any student who passes that examination, or who is admitted to the bar without taking an examination, the certification shall continue in effect until the date the student is admitted to the bar;

(4) be introduced to this Court by an attorney admitted to practice before this Court;

(5) neither ask for nor receive any compensation, fees, or remuneration of any kind for the student's services from the party on whose behalf the student renders services, or from any other party, but this rule shall not prevent an attorney, legal aid bureau, law school, public defender agency, or the United States from paying compensation to the eligible law student, nor shall it prevent any attorney, law firm, or agency from making such charges for its services as may otherwise be proper; and

(5) certify in writing that the student has read and is familiar with the Code of Professional Responsibility of the American Bar Association, the Federal Rules of Civil Procedure, the Local Rules of this Court; and any other federal rules relevant to the case in which the student is appearing.

(d) Upon filing with the Clerk of this Court the written consents and certifications required by this rule, an eligible law student supervised in accordance with this rule may, with respect to any new case or other proceeding for which the student is certified under this rule:

(1) engage in the drafting or preparation of complaints, motions, briefs, appendices, or other pleadings, documents or other papers, and may appear in proceedings on such pleadings, documents or other papers, provided the supervising attorney also signs and appears on the pleadings, documents or other papers;

(2) appear before this Court and participate in conferences, oral argument, mediation, or the examination and cross-examination of witnesses, provided the supervising attorney is present in Court;

(3) take part in other activities in connection with the case, subject to the direction of the supervising attorney.

(e) Notwithstanding the filing of written consent by the client and certification of the law student, this Court may at any time without notice, hearing, or any showing of cause, terminate such certification or refuse to allow the student to participate in a particular case. The dean or a faculty member of the student's law school designated by the dean may also withdraw certification by mailing a notice of withdrawal to the Clerk of this Court. The loss of certification by action of this Court shall not be considered a reflection on the character or ability of the student. The dean or a faculty member of the student's law school designated by the dean may recertify such a student for appearances before this Court.