Local Rule 83.1: Admission to the Bar

83.1 Admission to the Bar

(a) Permanent Admission. A member in good standing of the courts of the State of New York or of the bar of any United States District Court, or of the highest court in the state in which they reside, whose professional character is good, may be permanently admitted to practice in this Court on motion of a member of the bar of this Court in compliance with the requirements of this Rule. Admission forms are available from the Court's webpage at "www.nynd.uscourts.gov."

Each applicant for permanent admission must electronically file, in PACER (https://www.pacer.gov/) documentation required for admission as set forth below. Documentation required for permanent admission includes the following:

1. A verified petition for admission stating the following: • place of residence and office address; • the date(s) when and court(s) where previously admitted; • whether the applicant has ever been held in contempt of court, censured, suspended or disbarred by any court and, if so, the facts and circumstances connected therewith; and • that the applicant is familiar with the provisions of the Judicial Code (Title 28 U.S.C.), which pertain to the jurisdiction of, and practice in, the United States District Courts; the Federal Rules of Civil Procedure and the Federal Rules of Evidence for the District Courts; the Federal Rules of Criminal Procedure for the District Courts; the Local Rules of the District Court for the Northern District of New York; and the New York Rules of Professional Conduct. The applicant shall further affirm faithful adherence to these Rules and responsibilities.

The applicant is not required to notarize the petition if it is executed in accordance with 28 U.S.C. § 1746.

2. Declaration of Sponsor. The sponsor must be a member in good standing of the bar of the Northern District of New York who has personal knowledge of the petitioner's background and character.

3. Attorney E-Filing Registration Form. The E-Filing Registration Form must be in the form the Clerk prescribes, setting forth the full name of the attorney, indicating the appropriate method of admission sought, and a fully executed Oath on Admission.

4. Certificate of Good Standing. The Court issued certificate of good standing must be dated within six (6) months of the date of admission.

5. The Required Fee. As prescribed by and pursuant to the Judicial Conference of the United States and the Rules of this Court, the fee for admission to the bar is $231.00. The admission fee is payable upon acceptance of a complete application received by the Court from an attorney's individual PACER account. This fee includes the fee set by the Judicial Conference of $181.00 plus an additional fee set by the Court of $50.00 unless the Chief Judge waives such additional fee upon a showing of good cause.

There shall also be a $50.00 biennial registration fee unless the Board of Judges directs otherwise. Should the payment of this biennial fee present a significant financial hardship, an attorney may request, by submitting an application to the Chief Judge, that the biennial registration fee be waived.

FAILURE TO REMIT THIS FEE WILL RESULT IN THE AUTOMATIC REMOVAL OF THE NON-PAYING ATTORNEY FROM THE COURT'S BAR ROLL. UNLESS EXCUSED BY THE CHIEF JUDGE, TO GAIN READMITTANCE TO THE NORTHERN DISTRICT OF NEW YORK BAR, NON-PAYING ATTORNEYS MUST SATISFY ALL OF THE ADMISSION REQUIREMENTS SET FORTH IN LOCAL RULE 83.1(A)

The Clerk shall deposit the additional $50.00 fee required for admission to the bar and the $50.00 biennial registration fee into the District Court Fund. The Clerk shall be the trustee of the Fund, and the monies deposited in the Fund shall be used only for the benefit of the bench and bar in the administration of justice. All withdrawals from the Fund require the approval of the Chief Judge or a judge designated by the Chief Judge to authorize the withdrawals.

The admission fees and biennial registration fees are waived for all attorneys in the full-time employ of the United States Government. The biennial registration fees only are waived for all attorneys employed full-time by state and local public sector entities.

(b) If the applicant is admitted to practice in New York State, the Certificate of Good Standing submitted with the application for admission must be from the appropriate New York State Appellate Division. All requirements of subdivision (a) apply.

If the applicant is from outside New York State, the Certificate of Good Standing may be from the highest court of the state or from a United States District Court. All requirements of subdivision (a) apply.

(c) Applicants who are members in good standing of a United States District Court for the Eastern, Western, or Southern District of New York need not appear for formal admission. They must submit a Certificate of Good Standing from the United States District Court where they are members and a proposed order granting the admission. A sponsor's declaration is not required. All other requirements of subdivision (a) apply.

(d) Pro Hac Vice Admission. A member in good standing of the highest court of any state, or of any United States District Court, may be admitted pro hac vice to argue or try a particular case in whole or in part. In addition to the requirements of L.R. 83.1(a)(1), (2), (3), (4), and (5), an applicant must make a Motion for Pro Hac Vice Admission, which includes the case caption of the particular case for which the applicant seeks admission. See L.R. 10.1(c). In lieu of a written motion for admission, the sponsoring attorney may make an oral motion in open court on the record. In that case, the attorney seeking pro hac vice admission must immediately submit a Pro Hac Vice request in PACER (https://www.pacer.gov/) for filing access to the Court.

The pro hac vice admission fee is $100.00. The Clerk deposits all pro hac vice admission fees into the District Court Fund. See L.R. 83.1(a)(5). An attorney admitted pro hac vice must file a written notice of appearance in the case for which the attorney was admitted in accordance with L.R. 83.2.

(e) Admission of United States Attorneys Admitted in Other Federal Districts. An attorney admitted to practice before any United States District Court who is appointed as a United States Attorney, an Assistant United States Attorney, or as a Special Assistant United States Attorney under 28 U.S.C. §§ 541–543, shall be admitted to practice in this Court upon: (i) motion of a member of the bar of this Court and (ii) satisfaction of the requirements of L.R. 83.1(a)(1), (2) and (3).

All other attorneys in the employ of the United States Government seeking admission to practice in this Court, including those appointed under 28 U.S.C. §§ 541–543 who are not admitted to practice before any United States District Court, must comply with the requirements for permanent or pro hac vice admission described in subsections (a)–(d) above.

(f) Changes to the Bar Record. Every attorney must update the information contained in their bar record within 14 days of a change. Attorneys shall update their information in PACER (https://www.pacer.gov/). Updates to an attorney's bar record are received by the Court via the attorney's PACER account which may take up to 24 hours to process. Detailed instructions to update a bar record are available on the Court's website, www.nynd.uscourts.gov. Failure to keep this information current will result in removal from the roll of the Court.

(g) Pro Bono Service. Every member of the bar of this Court shall be available upon the Court's request for appointment to represent or assist in the representation of indigent parties. The Court shall make appointments under this Rule in a manner such that the Court shall not request any attorney to accept more than one appointment during any twelve-month period.

(h) Disciplinary Action in Other Jurisdictions. An attorney admitted pursuant to this section who is disciplined in any other jurisdiction shall advise this Court of such discipline within 15 days thereof. Failure to do so will result in removal from the roll of the Court.

(i) Public Availability of Admissions Materials. The Clerk's Office shall make all admissions materials available upon written request, except that the Clerk may redact any non-public personal identifiers described in L.R. 8.1.