Local Rule LR 83.1: ATTORNEYS: ADMISSION TO PRACTICE BEFORE THE COURT — N.D. Ga.

LR 83.1 ATTORNEYS: ADMISSION TO PRACTICE BEFORE THE COURT

(A) Admission to the Bar of this Court.

(1) Eligibility. Any attorney who is an active member of the State Bar of Georgia in good standing is eligible for admission to this Court's bar. Continued admission is contingent on an attorney's maintaining active membership in good standing with the State Bar of Georgia.

(2) Admission Procedure.

(a) Application. Applicants for admission must complete the admission process through pacer.uscourts.gov and, following approval of the application, pay the admission fee. Once an applicant pays the fee, the applicant is deemed a member of this Court's bar with no further action required.

(b) Optional Admissions Ceremonies. Optional admissions ceremonies will be held monthly in open court for any applicant who chooses to attend. The clerk of court also will schedule a ceremonial admissions day each year for attorneys who recently passed the Georgia Bar Examination.

"I do solemnly swear (or affirm) that I will support the Constitution of the United States; that I will bear true faith and allegiance to the Government of the United States; that I will maintain the respect due to the courts of justice and judicial offices; that I will well and faithfully discharge my duties as an attorney and officer of this Court; and that I will demean myself uprightly and according to the law and the recognized standards of ethics of the legal profession. So help me God."

(3) Attorneys for the United States. Attorneys representing the United States government or any agency thereof who reside within this district but are not yet members of the State Bar of Georgia must be admitted to this Court's bar before they may practice before this Court. Notwithstanding this requirement, these attorneys will be allowed 18 months from the date of their appointment or commission within which to become members of the State Bar of Georgia, provided that they at all times are members in good standing of the bar of another United States district court. These attorneys will be deemed provisionally admitted to the bar of this Court until they are formally admitted. The requirements of this rule do not apply to government attorneys who are expressly exempted by statute from the necessity of local bar membership or to judge advocates of the Army, Navy, Marine Corps, or Air Force representing the United States before a magistrate judge.

Attorneys representing the United States government or any agency thereof who do not reside in this district need not be admitted to practice before this Court provided that they at all times are members in good standing of the bar of another United States district court.

(B) Permission to Appear Pro Hac Vice.

(1) Eligibility. An attorney who does not represent the United States government or any agency thereof may apply in writing for permission to appear pro hac vice in a particular case if the attorney (1) is not an active member in good standing of the State Bar of Georgia but is a member in good standing of the bar of any United States court or of the highest court of any State or (2) is an active member in good standing of the State Bar of Georgia but does not reside in this district.

Except as set forth in LR 83.1(A)(3), an attorney must be admitted in any case in which the attorney will appear in this Court on behalf of a party, apply for fees, sign his or her name to a document filed with the Court, or otherwise substantially participate in preparing or presenting a case. This requirement does not mean that every attorney within a law firm providing legal services that may be included in a fee request must be admitted pro hac vice so long as attorneys within the firm who have appeared in the case are directing that work and are either (1) admitted to the bar of this Court as regular members or (2) have been admitted pro hac vice in the particular case.

(2) Application Process. Applications for admission pro hac vice may be obtained from the clerk. The applicant must state, under penalty of perjury, the following:

(a) the applicant's residential address, office address, telephone number, and email address;

(b) all courts to which the applicant has been admitted to practice and the dates of admission;

(c) that the applicant is in good standing and eligible to practice in all courts to which the applicant has been admitted; and

(d) that the applicant either does not reside in the district or is not a member of the State Bar of Georgia.

(3) Fees and Permission. Applications for admission pro hac vice must be accompanied by payment of a prescribed admission fee. Except as otherwise ordered by the presiding judge for good cause, an applicant for admission pro hac vice will not be permitted to appear until the application has been granted by the district judge to whom the case is assigned or, in cases in which the parties have consented to a magistrate judge presiding, the magistrate judge to whom the case is assigned.

(4) Designation, Qualifications, and Duties of Local Counsel. An attorney applying to appear pro hac vice must designate local counsel with whom opposing counsel and the Court readily may communicate regarding the conduct of the case and upon whom papers may be served. Except as otherwise ordered by the presiding judge for good cause, the designated local counsel must maintain an office in this district and be a member in good standing of the bar of this Court and the State Bar of Georgia. Local counsel must file the application for admission pro hac vice and must verify the bar admission status of the attorney being sponsored for admission. The address, telephone number, email address, and written consent of local counsel must be filed with the application. Local counsel must authorize and sign all pleadings and other papers filed in the case by the attorney appearing pro hac vice. Accordingly, local counsel is subject to Fed. R. Civ. P. 11.

(5) Effect of Failure to Respond by Attorney Appearing Pro Hac Vice. If the attorney appearing pro hac vice fails to respond to any order of the Court for appearance or otherwise, local counsel will have the responsibility and full authority to act on behalf of the client in all proceedings related to the case, including hearings, pretrial conferences, and trial.

(C) Standards of Professional Conduct. All lawyers practicing before this Court are governed by and must comply with the specific rules of practice adopted by this Court and, unless otherwise provided, with the Georgia Rules of Professional Conduct and the decisions of this Court interpreting those rules.

(D) Appearances.

(1) In Civil Cases. An attorney's appearance as attorney of record for a plaintiff may be evidenced by signature on the complaint and for a defendant by signature on the answer to the complaint or on a Fed. R. Civ. P. 12(b) pre-answer motion. Any other attorney who signs a subsequent pleading or paper on behalf of a party must file a Notice of Appearance.

An attorney whose appearance has not been noticed will not be permitted to represent a party at trial or in any other Court proceeding until the attorney has filed a Notice of Appearance. Furthermore, failure to file a Notice of Appearance may result in the attorney not receiving notices, orders, or other important communications from the Court.

(2) Pro Se Appearance Limitations. When an attorney has appeared on behalf of a party, the party normally may not appear or act on the party's own behalf in the action or proceeding. However, a party may do so if he or she provides notice to the attorney of record and the opposing party of the party's intention to appear on his or her own behalf and obtains an order of substitution from the Court. Notwithstanding this rule, the Court may in its discretion hear a party in open court even though the party is represented by an attorney.

(3) Duty to Supplement. Every attorney registered to use the ECF system must notify the PACER Service Center online at pacer.uscourts.gov of any changes to the attorney's primary email address, mailing address, and/or telephone number. Parties appearing pro se must notify the clerk's office by letter of any such change. If a failure to provide notice of any such change causes delay or adversely affects the management of a case, the Court may impose an appropriate sanction.

(E) Withdrawal.

(1) Withdrawal Policy. Under ordinary circumstances, counsel will not be permitted to withdraw after submission of the pretrial order or when withdrawal would delay trial of the case.

(2) Withdrawal by Motion. In order to seek withdrawal from any action or proceeding or to have counsel removed as attorney of record for a party, the attorney must comply with the following procedure:

(a) File a motion requesting permission to withdraw unless withdrawal is with the client's consent in a civil case pursuant to LR 83.1(E)(3) or by notice pursuant to LR 83.1(E)(4).

(b) The motion must state that the attorney has given the client 14 days' notice of the attorney's intention to request permission to withdraw and must describe the manner in which notice was provided. The notice must be served on the client personally or at the client's last known address and must include the style of the action and the names, addresses, and telephone numbers of the clerk and opposing counsel. The notice must advise the client of the following:

(A) The attorney's intent to request permission to withdraw; (B) The Court's retention of jurisdiction over the action; (C) The client's obligation to keep the Court informed of a location where notices, pleadings, or other papers may be served; (D) If a trial date has been set, the client's obligation to prepare for trial or hire other counsel to prepare for trial; (E) Failure or refusal to satisfy court-related obligations could result in adverse consequences including, in criminal cases, bond forfeiture and arrest; (F) The dates of any scheduled proceedings, including trial, and that these dates will not be affected by the withdrawal of counsel; (G) Notices may be served on the client at the client's last known address; (H) If the client is a corporation or organization, it may only be represented by an attorney, who must sign all pleadings and papers submitted to the Court; a corporate officer may not represent the client unless that officer is admitted to the bar of this Court as a regular member or has been admitted pro hac vice in the case; and failure to comply with this rule could result in a default judgment against the client; and (I) The client's right to object within 14 days of the date when notice of the attorney's intention to request permission to withdraw was served.

(d) The attorney must serve a copy of the motion on opposing counsel and the client.

(e) The clerk must submit the motion to the Court within 14 days after its filing.

(3) Withdrawal by Consent. With the client's consent, counsel may withdraw from any civil action (except a class action) by filing a Certificate of Consent with the Court that has been signed by the client and the withdrawing attorney. The Certificate of Consent must demonstrate that the client has been advised of the items set forth in LR 83.1(E)(2)(b)(B) through (H). The Court may reject the withdrawal by consent after submission of the pretrial order, when withdrawal would delay trial of the case, or for other good cause.

(4) Withdrawal by Notice. If withdrawal of a party's attorney would not leave the party unrepresented (such as when co-counsel remains in the case or substitute counsel enters an appearance prior to or contemporaneous with the withdrawal), then the attorney may withdraw by filing a notice of withdrawal that identifies the attorney(s) who will represent the party after the withdrawal. To withdraw by notice, local counsel for an attorney admitted pro hac vice may not identify the pro hac vice attorney but must identify another attorney who will serve as local counsel and meets the requirements of LR 83.1(B)(4). The Court may reject any withdrawal by notice after submission of the pretrial order, when withdrawal would delay trial of the case, or for other good cause.

(5) Leaves of Absence. All leaves of absence require the Court's approval. A request for a leave of absence of 21 days or more must be made by motion. Lead counsel must file the motion in each individual case in which leave is requested, set forth the dates of the requested absence and the reason for the absence, and include a proposed order. Lead counsel must request a leave of absence of fewer than 21 days by filing electronically a letter addressed to the district judge's courtroom deputy requesting that the case not be calendared during the period of absence. Only lead counsel as identified in the Joint Preliminary Report and Discovery Plan must request a leave of absence. A leave of absence does not extend previously scheduled filing deadlines or other deadlines imposed by the Court.

(6) Responsibilities of Party Upon Removal of Attorney. When a party is unrepresented after the party's attorney withdraws or otherwise is removed as counsel of record, the party whom the attorney was representing must notify the clerk within 21 days or before any further proceedings are conducted of the retention of another attorney or of the party's decision to proceed pro se. The party also must provide the clerk with the current telephone number, address, and email address of the replacement attorney or of the party, if proceeding pro se. Failure to comply with this rule will constitute a default by the party.

(F) Attorney Discipline.

(1) No Limitation on Inherent Authority. Nothing in this rule limits the inherent authority of a judge to manage individual assigned cases, including the authority to impose monetary penalties, disqualify counsel, and impose any other appropriate penalties or sanctions; and nothing in this rule imposes additional procedural requirements before a judge may exercise that authority.

(2) Reciprocal Discipline; Criminal Convictions; Duty to Disclose. When an attorney admitted to practice in this Court under LR 83.1(A) or (B) is: (a) suspended or disbarred from the practice of law by any court of competent jurisdiction or regulatory body with the authority to determine who may practice law in a particular jurisdiction or (b) convicted, in any court of competent jurisdiction, of a felony, a crime that required proof of a dishonest act or false statement, or any other crime involving moral turpitude, the attorney's right to practice in this Court automatically is suspended; and the Court will issue an order of suspension and serve it on the attorney. Unless within 30 days after service of the order the attorney, by motion, shows the Court, under penalty of perjury, good cause for why the attorney should not be disbarred, the order automatically will become an order of disbarment. The attorney must notify the Court within 10 days of a suspension, disbarment, or conviction under this paragraph, but any failure to do so will not affect the automatic suspension.

(3) Complaints of Professional Misconduct. Complaints alleging professional misconduct by an attorney admitted to practice in this Court under LR 83.1(A) or (B), including those made by judges, must be submitted to the chief district judge in writing and must state with particularity the basis for the allegations. Complaints of professional misconduct must be under oath, except for those submitted by judges of this Court and those submitted by counsel that are subject to Fed. R. Civ. P. 11. When the chief district judge makes the complaint of professional misconduct, he or she must designate another district judge to fulfill the duties of the chief district judge under this rule.

(4) Procedure Governing Complaints of Professional Misconduct.

(a) Upon receiving a complaint of professional misconduct made under Local Rule 83.1(F)(3), the chief district judge must determine:

(i) whether the complaint should be terminated because the allegations are unjustified, frivolous, unsupported, or insubstantial;

(ii) whether, for members of the State Bar of Georgia, the complaint should be referred to the State Disciplinary Board as a formal or informal complaint; this option may be selected in addition to (iii), (iv), or (v) below;

(iii) whether the complaint warrants discipline that does not affect the attorney's right to practice before the Court, in which case the chief judge has discretion either to impose the discipline or to refer the complaint to a judge for disciplinary proceedings as set forth in paragraphs (6) through (10) below;

(iv) whether the complaint should be referred to a committee on discipline (described more fully in paragraph (12) below) for investigation and preparation of findings of fact, conclusions of law, and a recommendation to the chief judge; and

Note: An attorney authorized to practice in an individual case under LR 83.1(B) whose conduct is under review by a committee on discipline will not be admitted under LR 83.1(B) in any other cases while the review is pending.

(v) whether the complaint may warrant discipline affecting the attorney's right to practice before the Court and therefore must be referred to a judge for disciplinary proceedings as set forth in paragraphs (6) through (10) below; a complaint may be referred to a judge without first being referred to a committee on discipline.

(b) Upon receipt of findings of fact, conclusions of law, and a recommendation from a committee on discipline, the chief district judge must determine appropriate actions under 4(a)(i), 4(a)(ii), 4(a)(iii), and 4(a)(v) above.

(5) Written Notice. When the chief district judge determines that action is appropriate under 4(a)(ii) through 4(a)(v) above, the Court must provide the attorney who is the subject of the complaint with a copy of the allegations.

(6) Designation of Judge to Conduct Disciplinary Proceedings. When the chief district judge determines under 4(a)(iii) or 4(a)(v) above that a complaint of professional misconduct should be referred to a judge for disciplinary proceedings, the chief district judge must designate a district or magistrate judge to hold disciplinary proceedings consistent with this rule and to recommend proposed discipline. A judge who makes a complaint under Local Rule 83.1(F)(3) cannot conduct any disciplinary proceedings arising from that complaint.

(7) Right to a Hearing. When it appears to the designated judge that discipline may be appropriate, he or she must provide the attorney whose conduct is at issue notice of the proposed discipline and at least 20 days from the date of notice to appear at a hearing to show good cause, under oath, why the discipline should not be imposed. The attorney may waive the right to a hearing. Discipline pursuant to paragraph (2) above, referral of a complaint to the State Disciplinary Board of the State Bar of Georgia for investigation, and discipline imposed by the chief district judge under 4(a)(iii) above do not constitute discipline that invokes the attorney's right to a hearing.

(8) Hearing Procedure. At the hearing, the attorney whose conduct is at issue must be afforded the opportunity to:

(a) appear in person and/or by counsel;

(b) present evidence, including testimony and documents;

(d) cross-examine witnesses; and

(e) present argument orally and in writing.

(9) Failure to Call Complaining Party. If the attorney whose conduct is at issue does not call the complaining party to appear at the hearing, the designated judge has discretion to do so.

(10) Recommendation to and Voting by the Full Court. Following the hearing, the attorney's waiver of a hearing, or the attorney's failure to respond timely, the designated judge must present findings of fact, conclusions of law, and a discipline recommendation to the chief district judge for presentation at the next district judges' meeting. A majority of the judges at the meeting will approve a final order setting forth the Court's findings of fact and conclusions of law and identifying any discipline to be imposed as a result of the complaint of professional misconduct.

(11) Sanctions. Discipline may include disbarment, suspension from practice for a definite period, reprimand, or other discipline that the Court deems proper.

(12) Committee on Discipline. The Court may create a committee on discipline by appointing 5 members of the bar of this Court. No committee member may serve for more than 3 years. The committee must at all times have at least 2 members from divisions other than the Atlanta division. The Court will select one committee member to serve as chairperson. No committee member may serve as chairperson for more than 2 years.

The committee has the power to investigate all charges of professional misconduct referred to it by the Court. At the request of the committee, the clerk is authorized to issue subpoenas and subpoenas duces tecum in connection with the investigation.

At the conclusion of the investigation, the committee must prepare and submit a written report to the chief judge that sets forth findings of fact, conclusions of law, and the discipline or other action recommended. All disciplinary proceedings will be in camera unless the Court directs otherwise. The rules governing the committee on discipline are contained in Appendix G to these Local Rules.

(13) Contempt of Court. Disciplinary proceedings under this Local Rule neither affect nor may be affected by any proceeding for contempt under Title 18 of the United States Code or under Fed. R. Crim. P. 42.

(14) Unauthorized Practice. Any person not admitted to the bar of this Court or any attorney disbarred or suspended by this Court who exercises any of the privileges bestowed upon members of this Court's bar or pretends to be entitled to such privileges will be adjudged guilty of contempt and may be subject to other discipline by the Court.

(15) Reinstatement. Petitions for reinstatement must be made under penalty of perjury and filed with the clerk. Attorneys suspended indefinitely must satisfy all conditions of reinstatement imposed by the Court at the time of suspension.

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