Local Rule LOCAL CIVIL RULE 83: RULES BY DISTRICT COURTS; JUDGES' DIRECTIVES

LOCAL CIVIL RULE 83 - RULES BY DISTRICT COURTS; JUDGES' DIRECTIVES

(a) Naturalization. The District Court administers the Oath of Allegiance to applicants for naturalization.

(b) Attorneys.

(1) Roll of Attorneys. The bar of this Court consists of those lawyers admitted to practice before this Court who have taken the prescribed oath.

(2) Eligibility. Any member in good standing of the bar of the Supreme Court of Louisiana is eligible for admission to the bar of this Court.

(3) Procedure for Admission.

(A) Each applicant for admission to the bar of this Court shall file with the Clerk of Court a written petition signed by the applicant and endorsed by two members of the bar of this Court listing the applicant's office address, general and legal education, the courts that have admitted the applicant to practice, and stating that the applicant is qualified to practice before this Court, is of good moral character, and is not subject to any pending disbarment or professional discipline procedure in any other court. If the applicant has previously been subject to any disciplinary proceedings, full information about the proceedings, the charges, and the result must be given.

(B) The petitioner may then be admitted in open court, or in chambers, by electronic means or by mail, and upon taking an oath to conduct oneself as an attorney or counselor of this Court uprightly and according to law and to support the Constitution of the United States. The petitioner shall then, under the direction of the Clerk of Court, pay the fee required by law and any other fee required by the Court. Unless a motion for admission is made within six months of the filing of the petition, the Clerk of Court may destroy the petition and a new petition will be necessary before the applicant can be admitted.

(4) Attorneys Representing the United States. Attorneys representing the United States or any of its departments, agencies, or employees are permitted to appear on behalf of the United States government and to represent its interests in any matter in which the United States government is interested, upon written request to the Clerk of Court and proper introduction to the Court by the United States Attorney for the District or one of the Assistant United States Attorneys.

(5) Payment of Annual Fees.

(A) In addition to the fee paid upon admission to the bar of this Court, every attorney so admitted shall pay to the Clerk of Court an annual fee in an amount to be determined by the Court. The fee shall be paid triennially not later than January 31 of the calendar year in which such payment is due.

(B) At the time of admission, the attorney must make the initial triennial payment. Such fee will not be prorated within any calendar year, but an attorney first admitted in the second or third year of any triennial period will be required to make proportionate payment only for those years of such period in which the attorney's membership in the bar is effective.

(C) Any attorney who fails to pay the annual fee shall be summarily suspended, provided a notice of delinquency has been sent to the attorney's last address known to this Court at least thirty days prior to such suspension.

(D) Any attorney suspended under the provisions above shall be automatically reinstated without further order upon payment of all arrears.

(E) An attorney who has retired or is not engaged in the practice of law before this Court may advise the Clerk of Court in writing of the desire to assume inactive status and discontinue the practice of law before this Court. Upon the filing of such notice, the attorney shall no longer be eligible to practice law in this Court and shall not be obligated for further payment of the fee prescribed herein.

(F) Upon a filing of a notice to assume inactive status, the attorney shall be removed from the roll of those classified as active until and unless the attorney requests and is granted reinstatement to the active rolls. Reinstatement shall be granted (unless the attorney is then subject to an outstanding order of suspension or disbarment) upon the payment of any fees due as prescribed by this Rule.

(6) Rules of Conduct. This Court hereby adopts the Rules of Professional Conduct of the Louisiana State Bar Association, as hereafter may be amended from time to time by the Louisiana Supreme Court, except as otherwise provided by a specific rule or general order of a court.

(7) Attorney Representation. In all cases before this Court, any party who does not appear in proper person must be represented by a member of the bar of this Court, except as set forth below.

(8) Visiting Attorneys.

(A) Any member in good standing of the bar of any court of the United States or of the highest court of any state and who is not a member of the bar of this Court, may, upon written motion of counsel of record who is a member of the bar of this Court, by ex parte order, be permitted to appear and participate as co-counsel in a particular case. Those attorneys authorized to appear pursuant to Fed. R. Civ. P. 45(f) are excluded from this Rule.

(B) The motion must have attached to it a certificate from the presiding Judge or Clerk of the highest court of the state, or court of the United States, issued within six months of filing of the motion, where the attorney has been so admitted to practice, showing that the applicant attorney has been so admitted in such court, and that the applicant is in good standing.

(C) The applicant attorney shall state under oath whether any disciplinary proceedings or criminal charges have been instituted against the applicant, and if so, shall disclose full information about the proceeding or charges and the ultimate determination, if any.

(D) The applicant attorney shall pay a fee to the Clerk of Court in an amount to be determined by the Court and shall submit the following oath:

I DO SOLEMNLY SWEAR (OR AFFIRM OR PROMISE) that I will conduct myself as an attorney and counselor of this Court, uprightly and according to law; and that I will support the Constitution of the United States.

(E) An attorney permitted to appear may participate in a particular action or proceeding in all respects, except that all documents requiring signature of counsel for a party may not be signed solely by such attorney, but must bear the signature also of local counsel with whom the visiting attorney is associated.

(F) Local counsel shall be responsible to the Court at all stages of the proceedings.

(G) Designation of the visiting attorney as "Lead Attorney" pursuant to LR11(b)(1) herein shall not relieve the local counsel of the responsibilities imposed by this Rule.

(H) The fee described in this Rule is applicable in each case in which the visiting attorney seeks recognition as qualified counsel.

(9) Waiver by Court Order of Requirements for Local Counsel. In any civil action a counsel who is ineligible to become a member of the bar of this Court under LR83.2(b)(2), may be authorized by court order to appear and act for any party without joinder of local co-counsel when it is shown that:

(A) The party would suffer hardship by joinder of local counsel; and

(B) The obligations and duties of counsel in the particular litigation will be fulfilled.

(10) Familiarity With and Compliance With Rules. Everyone who appears in Court in proper person and every attorney permitted to practice in this Court shall be familiar with these Rules. Willful failure to comply with any of them, or a false certificate of compliance, shall be cause for such disciplinary action as the Court may see fit, after notice and hearing.

(11) Revocation of Admission.

(A) Any person admitted to practice before the Court shall give written notice to the Clerk of Court of:

(i) Disbarment or suspension by any court or bar association; and

(ii) Conviction of any felony violation of any laws, misdemeanors, or municipal ordinances, other than traffic violations.

(B) Pending any appeal of the conviction, suspension, or disbarment, a member of the bar of this Court may be suspended from further practice before this Court.

(C) Any member of the bar of this Court may be disbarred or otherwise disciplined after such hearing as the Court may in each particular instance direct, but any member of the bar of this Court who has been disbarred or removed, or hereafter may be disbarred or removed, from the Bar of the State of Louisiana, shall be removed from the bar of this Court and the member's name stricken from the roll. Upon notification from the Eastern or Western District of Louisiana or the Fifth Circuit Court of Appeals of an attorney's suspension in that court, that attorney being a member of the bar of this Court may be suspended from further practice before this Court.

(12) Attorney Discipline.

(A) After notice and an opportunity to show cause to the contrary, any Judge including active Judges, Senior Judges, Bankruptcy Court Judges, and Magistrate Judges may sanction any attorney for failure to comply with these rules, the Louisiana Rules of Professional Conduct, or any other rule of court.

(B) A Judge initiating disciplinary proceedings against an attorney shall provide written notice in the form of an Order to Show Cause. The Order to Show Cause shall (1) state the alleged grounds for discipline, (2) state the range of possible sanctions to be imposed, and (3) inform the attorney of the right to counsel throughout the disciplinary proceedings. The Clerk of Court shall assign the Order to Show Cause a miscellaneous action number, and shall forward a copy of the Order to Show Cause to the attorney named in the Order, and to the Chief Judge.

(C) Unless otherwise indicated in the Order to Show Cause, the attorney named in the Order to Show Cause shall have fourteen days to file a response, if any. After the period for filing a response has elapsed, the Court shall conduct a hearing on the disciplinary action. The hearing shall be public and on the record.

(D) If, after a hearing, it is shown by clear and convincing evidence that the attorney committed the violations that are the basis of the Order to Show Cause, the initiating Judge shall have discretion to impose such disciplinary action as the Judge may see fit. Possible sanctions include, but are not limited to, reprimand, ethics training, suspension from practice in the Middle District, and/or civil fines. However, before an attorney may be suspended from practice in the Middle District for a period exceeding sixty days, the approval of the Chief Judge or the approval of the active Judges of the Middle District must be obtained.

(E) Upon imposition of any sanction which includes suspension from practice in the Middle District, the Clerk of Court shall report the attorney and the sanction(s) imposed to the Clerks of Court for the U.S. Fifth Circuit Court of Appeals, the Eastern District of Louisiana, the Western District of Louisiana, and the Bar of the State of Louisiana.

(13) Continuing Representation, Withdrawals, Substitution of Counsel. All counsel of record shall be held to represent the party for whom counsel appears unless the Court permits said counsel to withdraw from the case. Counsel may obtain permission to withdraw only upon filing: 1) a motion to withdraw filed by the counsel seeking to withdraw or 2) a motion to withdraw filed by the client's other counsel of record, which includes either the withdrawing counsel's signature or a certification that the withdrawing counsel's consent to file the motion has been obtained. If new counsel is not substituted and no counsel of record will remain to represent the client, the motion to withdraw shall contain: 1) the present address of the client and the client's telephone number if the client can be reached by telephone and 2) a certification by counsel that the client has been notified of all deadlines and pending court appearances. The certificate of service accompanying the motion shall indicate that it was served on the client by certified mail or an affidavit shall be included stating why such service has not been made. If the motion to withdraw includes a request for substitution of new counsel, then the motion must also be signed by counsel seeking to be enrolled in substitution for the withdrawing counsel or include a certification that the enrolling counsel's consent to file the motion has been obtained.

(14) Additional Counsel. Where counsel has appeared for any party, other counsel may appear for the same party only:

(A) Upon motion of counsel of record for that party or motion by counsel seeking to be enrolled as additional counsel, which includes either counsel of record's signature or a certification by the filer that counsel of record's consent to file the motion has been obtained; or

(B) Upon motion of counsel seeking to be enrolled, after counsel of record for the party has been permitted to withdraw or has died, or is incapacitated, or cannot be found as established in the motion; or

(C) Upon motion of a party after notice to counsel of record and a hearing thereon.

(15) Appearances by Law Students.

(A) Limited appearances by law students, if the person on whose behalf the student is appearing has consented to that appearance in writing and the supervising lawyer has also approved the appearance in writing, are allowed in any civil matter in which a fee is not provided for or could not reasonably be anticipated.

(B) The written consent and approval referred to above shall be filed in the record of the case and shall be brought to the attention of the Judge.

(C) The supervising lawyer must personally be present throughout the proceedings and shall be responsible for the manner in which they are conducted.

(D) Prerequisites to Law Student Appearances In order to make an appearance pursuant to this rule, the law student must:

(i) Be duly enrolled in a law school in this state approved by the American Bar Association;

(ii) Have completed four full-time semesters of legal studies or the equivalent if the school is on some basis other than a semester basis;

(iii) Be certified by the dean or chancellor of the student's law school as being of good moral character, competent legal ability, and adequately trained to perform as a legal intern;

(iv) Be introduced to the Court by an attorney admitted to practice in this Court;

(v) Neither ask for nor receive remuneration of any kind for services;

(vi) Take the following oath:

"I, , do solemnly swear that I will support the Constitution of the United States and of the State of Louisiana and have read and am familiar with the Code of Professional Responsibility of the Louisiana State Bar Association, and I understand that I am bound by the precepts therein contained as fully as if I were admitted to the practice of law in Louisiana; and that I further accept the privileges granted to me as well as the responsibilities which will devolve upon me, so that I may be more useful through my clinical education in the service of justice."

(E) Certification of Students The certification of a student by the law school dean or chancellor:

(i) Shall be filed with the Clerk of Court and, unless sooner withdrawn, it shall remain in effect for twelve months after it is filed, or until the announcement of the results of the first bar examination following the student's graduation, whichever comes earlier. For any student who passes that examination, the certification shall continue in effect until the date one is admitted to the bar;

(ii) May be withdrawn by the dean or chancellor at any time by mailing a notice to that effect to the Clerk of Court. The notice need not state the cause for withdrawal;

(iii) May be terminated by this Court at any time without notice or hearing and without any showing of cause. Notice of the termination may be filed with the Clerk of Court.

(F) Supervision of Students The member of the bar under whose supervision an eligible law student works shall:

(i) Be admitted to practice before this Court, and be approved by the dean or chancellor of the law school in which the law student is enrolled for service as a supervising lawyer for this program;

(ii) Assume personal professional responsibility and liability for the student's guidance in any work undertaken and for supervising the quality of the student's work;

(iii) Assist the student in the student's preparation.

(16) Courtroom Decorum. The purpose of this Rule is to emphasize, not to supplant, certain portions of those ethical principles applicable to the lawyer's conduct in the courtroom. In addition to the other requirements, therefore, lawyers appearing in this Court, unless otherwise directed by the presiding Judge, shall:

(A) Stand as court is opened, recessed, or adjourned.

(B) Stand when the jury enters or retires from the courtroom.

(C) Stand when addressing, or being addressed by, the Court.

(D) Stand at the lectern while examining any witness; except that counsel may approach the clerk's desk or the witness for purposes of handling or tendering exhibits.

(E) Stand at the lectern while making opening statements or closing arguments.

(F) Address all remarks to the Court, not to opposing counsel.

(G) Avoid disparaging personal remarks or acrimony toward opposing counsel and remain wholly detached from any ill feeling between the litigants or witnesses.

(H) Refer to all persons, including witnesses, other counsel, and the parties by their surnames and not by their first or given names.

(I) Only one attorney for each party shall examine, or cross examine, each witness.

(J) Counsel should request permission before approaching the bench; and any documents counsel wish to have the Court examine should be handed to the clerk.

(K) Any paper or exhibit not previously marked for identification should first be handed to the clerk before it is tendered to a witness for the person's examination; and any exhibit offered in evidence should, at the time of such offer, be handed to opposing counsel.

(L) In making objections, counsel should state only the legal grounds for the objection and should withhold all further comment or argument unless elaboration is requested by the Court.

(M) In examining a witness, counsel shall not repeat or echo the answer given by the witness.

(N) Offers of, or requests for, a stipulation should be made privately, not within hearing of the jury.

(O) In opening statements and in arguments to the jury, counsel shall not express personal knowledge or opinion concerning any matter in issue, and shall not suggest to the jury, directly or indirectly, that it may or should request transcripts or the reading of any testimony by the reporter.

(P) Counsel shall admonish all persons at counsel table, including the client, as well as others present in court, including but not limited to the client's representatives, witnesses, friends and family of parties that gestures, facial expressions, audible comments, or the like, as manifestations of approval or disapproval during the testimony of witnesses, or at any other time, are absolutely prohibited.

(Q) At all times Judicial Officers shall be addressed as Judge (Surname), or Your Honor.

(R) All attorneys shall dress appropriately when appearing or observing in court or chambers. Male attorneys shall wear coats and ties; female attorneys shall wear business attire. This attire is required regardless of whether the attorney is appearing as attorney of record. Litigants, witnesses, jurors, and spectators shall be neatly, cleanly, and appropriately attired.

(c) Building Security

(1) Reasons for Building Security. The purpose of these rules is to minimize interference with and disruptions of the Court's business, to preserve decorum in conducting the Court's business and to provide effective security in the buildings wherein proceedings governed by these Rules are held. These buildings are hereinafter collectively referred to as "the premises".

(2) Security Personnel. The term "Security Personnel" means the U.S. Marshal or Deputy Marshal, Federal Protective Service Inspectors or a deputized Court Security Officer.

(3) Entering the Building. All persons entering the courthouse shall be required to present valid government issued identification.

(4) Carrying of Parcels, Bags, and Other Objects. Security personnel shall inspect all objects carried by persons entering the premises. No one shall enter or remain in the premises without submitting to such an inspection.

(5) Search of Persons. Security personnel may search the person of anyone entering the premises or any space in it. Anyone who refuses to permit such a search shall be denied entry. Should any defendant in a criminal case whose appearance is required refuse to permit such a search, security personnel shall deny the person entry and shall immediately notify the Judge before whom the appearance is required. The Judge may take the appropriate action, including, but not limited to, detention and search, and order of revocation of bond, if the defendant is on bond.

(6) Unseemly Conduct.

No person shall:

(A) Loiter, sleep, or conduct oneself in an unseemly or disorderly manner in the premises or on court grounds;

(B) Interfere with or disturb the conduct of the Court's business in any manner;

(C) Eat or drink in the halls of the premises or in the courtrooms, unless authorized by the Court;

(D) Block any entrance to or exit from the premises or interfere in any person's entry into or exit from the premises.

(7) Entering and Leaving. All persons shall enter and leave courtrooms only through such doorways and at such times as shall be designated by the security personnel.

(8) Spectators. Spectators shall enter or depart courtrooms only at such times as the presiding Judge may direct. No spectator shall enter or remain in any courtroom unless spectator seating is available. Spectators shall sit in that portion of the courtroom designated by the U.S. Marshal. Spectators excluded because of lack of seating and spectators leaving the courtroom while court is in session or at any recess shall not loiter or remain in the area adjacent to the courtroom. All persons present in a courtroom shall conduct themselves in a manner demonstrating respect for the Court and all persons must dress with dignity.

(9) Cameras and Electronic Equipment.

(A) Unless authorized by the Court, no camera, recording equipment, cellular telephone, tablet, pager, laptop computer or other type of electrical or electronic device shall be brought into the premises. No person shall introduce or attempt to introduce any type of camera, recording equipment, or other type of electrical or electronic device into the premises without court permission. No person shall introduce any type of camera, recording equipment or other type of electric or electronic device into the premises while, or immediately before or after, the grand jury is in session.

(B) Attorneys appearing before the Court and serving as counsel of record and law enforcement officers are allowed to enter the courthouse with a cell phone, pager, smart phone, laptop, or tablet without seeking permission from the Chief Judge or any other judicial officer. While in the courtroom or chambers the use of the cell phone is limited to accessing the calendar feature, provided the Judge has so directed. Attorneys and law enforcement officers seated in the courtroom may not use cell phones, pagers, smart phones, laptops or tablets, unless otherwise permitted by the presiding Judge.

(C) The permission to bring a cell phone, pager, smart phone, laptop or tablet into the building is subject to the following sanction: Any cell phone, pager, smart phone, laptop or tablet which rings or makes any other noise in the courtroom, chambers or in the hallways outside of a courtroom shall be subject to seizure and may not be returned to the owner.

(10) Photographs, Radio, or Television Broadcasting.

(A) The taking of photographs in the courtroom or its environs, or radio or television broadcasting from the courtroom or its environs, during the progress of or in connection with judicial proceedings, including proceedings before a judicial officer, whether or not court is actually in session, is prohibited.

(B) As used in these rules the term "environs" means any place within any United States Courthouse wherein these Rules apply, and any place wherein a Judicial Officer may conduct judicial proceedings and any public place immediately adjacent thereto.

(C) Use of audio, video and photographic recording equipment is banned from all areas of the courthouse grounds other than the areas expressly permitted in this paragraph. Permitted areas consists of the area located east and directly adjacent to the south half of the front courthouse steps, referred to as the "media bullpen," and the public sidewalks and flagpoles area located on the perimeter of the courthouse block (see diagram posted on the Court's website).

(D) No area within the bullpen may be reserved for exclusive use of any one or more entities.

(E) Media interviews on the courthouse grounds shall be conducted only in the media bullpen, the flagpoles area, and the portion of the public sidewalks. Media interviews shall occur solely at the discretion and convenience of the parties, witnesses, attorneys, and others.

(F) No member of the media may be present at any time in the restricted area located on the west side of the rear of the courthouse property (located on 7th Street between Florida and Laurel Streets).

(G) The media are prohibited from interfering with the orderly entrance or exit of any person to or from the courthouse.

(H) Members of the media should visibly display their Louisiana State Police media identification card or its equivalent on the outside of the holder's clothing at all times.

(11) Unauthorized Presence When Grand Jury Is in Session. No person, except grand jurors, witnesses, government attorneys, agents or employees, court personnel concerned with any grand jury proceeding, private attorneys whose clients have been called to appear as witnesses at a session of the grand jury then in progress or about to commence, and others specifically authorized, shall be allowed to remain in the hall adjacent to the grand jury space beyond the entrance door.

(12) Interviewing Witnesses Before Grand Jury. No person shall attempt to question, interview, or interfere with any person who may testify or who has testified before any grand jury within the premises.

(13) Weapons. No person shall be admitted to or allowed to remain in the premises with any object that might be employed as a weapon unless the person has been authorized in writing by the Chief Judge to do so, or unless the person is a U.S. Marshal, Federal Protective Service Inspector, Court Security Officer, U. S. Probation Officer, or person designated by the Court to assist U.S. Marshals or Federal Protective Service Inspectors.

(14) Enforcement. Security personnel shall enforce the whole of Rule 83.3. In addition to such other penalties as may be prescribed by law, violators of this rule may be held in contempt of court and subject to the imposition of sanctions.

(d) Bankruptcy

(1) Reference to Bankruptcy Judge. Under the authority of 28 U.S.C. § 157 the District Court refers to the Bankruptcy Judges of this District all cases under Title 11 and all proceedings arising under Title 11 or arising in or related to a case under Title 11. As set forth in 28 U.S.C. § 157(b)(5), personal injury tort and wrongful death claims shall be tried in the District Court.

(2) Appeal to the District Court. Appeals from judgments, orders, or decrees of a Bankruptcy Judge shall be governed by Part VIII of the Bankruptcy Rules (Section 8001, et seq.) and the applicable local rules of the District and Bankruptcy Courts.

(3) Motion Seeking Relief From a District Judge. Motions filed seeking relief from a District Judge, including motions under 28 U.S.C. § 157(d) (for withdrawal of reference), 28 U.S.C. § 157(c)(1) (objections to proposed findings of fact and conclusions of law), and Bankruptcy Rule 8005 (for stay pending appeal), shall be governed by the Rules set out below.

(A) Original Motion

(i) Applicable Rules. The Local Rules for the District Court shall be applicable to all motions filed in bankruptcy cases or proceedings seeking relief from a District Judge. In those instances where the Bankruptcy Rules require a report from the Bankruptcy Judge, (e.g., Bankruptcy Rules 5011(b) and 9027(e)), the local Bankruptcy Rules shall apply until such report is issued.

(ii) Place of Filing. All motions described in this section above shall be filed with the Clerk of the Bankruptcy Court.

(iii) Contents of Motion. In addition to the normal requirements of papers filed in the Bankruptcy Court, motions described in this section above shall include:

(a) A clear and conspicuous statement opposite the title of the action that "RELIEF IS SOUGHT FROM A UNITED STATES DISTRICT JUDGE."

(b) A designation of the portions of the record of the proceedings in the Bankruptcy Court that will reasonably be necessary or pertinent for consideration of the motion by the District Court.

(c) A list showing each party with an interest in the motion and for each party shown, their attorney along with such attorney's mailing address.

(iv) Subsequent Filings. Any filing in a matter under this section subsequent to the "Original Motion" set forth above shall be filed with the Clerk of the District Court and shall comply with all rules of such court.

(v) Duties of the Clerk of the Bankruptcy Court. Upon filing of an original motion, as set forth above, the Clerk of the Bankruptcy Court shall promptly transmit to the Clerk of the District Court:

(a) The original motion and all attachments to the motion, and

(b) The portion of the bankruptcy court record designated in accordance with Rule (3)(b) above.

(B) No Automatic Stay. There shall be no automatic stay of Bankruptcy Court proceedings as a result of the filing of any motion under the above. Any stay of proceedings will result only from an order of the Bankruptcy Court or the District Court.

(C) Obligation of the Parties. It shall be the obligation of each and every party and their attorney to apprise the Bankruptcy Court and the United States District Court of orders entered in either forum which significantly affect matters pending in either forum.

(4) Record Transmitted to the District Court.

(A) The authority to retain any portion of the record on appeal or in connection with a motion seeking relief from a District Judge is delegated to the Clerk of the Bankruptcy Court. The Clerk of the Bankruptcy Court will transmit an email to the District Court listing the documents pertaining to the appeal or motion. The District Clerk will obtain those documents via the PACER [Public Access to Court Electronic Records] system.

(B) In the event that papers are retained in the Bankruptcy Court and certified copies are transmitted to the District Court, the Bankruptcy Court may order the party upon whose instance the papers were required to reimburse the Clerk of the Bankruptcy Court for the cost of making the copies.