Local Rule 83.6: Student Practice Rule

83.6 Student Practice Rule

(a) Compliance with Rule. A law student who is employed by or utilized by the Federal Public Defender or the United States Attorney or their designees, or who is enrolled in a law school clinical program, may participate as a legal intern in civil and non-felony cases in this Court subject to his or her compliance with all of the requirements of this Rule.

(b) Eligibility. To be eligible, a student must:

(1) Either

(A) Be certified by the Supreme Court of Ohio as a legal intern; or

(B) Be duly enrolled in a law school approved by the American Bar Association and have completed at least two-thirds of the requirements for graduation; and

(2) Have knowledge of the Federal Rules of Civil and Criminal Procedure, the Federal Rules of Evidence, the Ohio Rules of Professional Conduct, and the Rules of this Court;

(3) Be supervised by a supervising attorney as defined in paragraph (c) of this Rule;

(4) Be certified by the Dean of the law school where the student is enrolled or the Dean's designee as being of good character, sufficient legal ability, and adequate training to fulfill the responsibilities of a legal intern to both the client and the Court;

(5) Be certified by the Chief District Judge or his/her designee to practice pursuant to this Rule; and

(6) Decline personal compensation or remuneration of any kind for his or her legal services other than expenses approved by the supervising attorney. Any application by or on behalf of the supervising attorney for legal fees must itemize the services performed and time spent by the legal intern.

(c) Supervising Attorney. A supervising attorney must be admitted to practice in this Court and must:

(1) Either

(A) Have faculty or adjunct faculty status at a law school at which a portion of the supervising attorney's duties includes supervision of students in a clinical program; or

(B) Be employed by the United States Attorney or the Federal Public Defender and have the litigation experience and the time and ability to supervise a legal intern. Any exception to the requirements of this Rule must be approved by the Chief District Judge; and

(2) Be present with the student at all times in Court and at other proceedings in which testimony is taken;

(3) Co-sign all pleadings or other documents filed with the Court and be responsible for all filings made via the Court's ECF system;

(4) Assume full personal and professional responsibility for the benefit of the represented clients for a student's guidance, for any work undertaken, and for the quality of the student's work, and be available for consultation with represented clients;

(5) Assist and counsel the student in activities mentioned in paragraph (e) of this Rule and review such activities with the student, all to the extent required for proper practical training of the student and the protection of the client; and

(6) Supplement oral or written work of the student as necessary to ensure proper representation of the client.

(d) Certification and Authorization

(1) Student. The student shall apply for certification to practice under this Rule by filing a "Form for Designating Compliance with the Student Practice Rule for the Southern District of Ohio." Alternatively, if the student is a legal intern certified by the Supreme Court of Ohio, a copy of that certification may be submitted.

This Court's certification of a student to practice under this Rule shall be filed with the Clerk and shall remain in effect for eighteen months. If the student passes the State Bar Examination, then the certification shall continue until that student is formally admitted to practice in this Court or until the eighteen months expires, whichever occurs first. If the student fails the State Bar Examination, his or her certification to appear in this Court shall expire immediately upon receipt of notice of failure, and the student shall promptly notify this Court of the failure. Certification to appear generally may be withdrawn by the Chief District Judge or his/her designee in the discretion of the Chief District Judge or his/her designee and without the need to show cause. In a particular case, the certificate may be withdrawn by the presiding Judge in the discretion of that Judge and without the need to show cause.

(2) Client and Supervising Attorney Authorization. The student must be authorized to appear in each case in which he or she participates. A "Client and Supervising Attorney Authorizations for Appearance by Law Student" form must be completed and filed in each case.

(e) Activities. A certified student may, under the personal and direct supervision of his or her supervising attorney:

(1) Represent any client in any civil, administrative, or non-felony criminal case if the client on whose behalf the student is appearing has consented in writing to that representation and the supervising attorney has given written approval of that representation as set forth in paragraph (d)(2) of this Rule; the presiding Judge retains, however, the authority to limit a student's participation in any individual case; and

(2) In connection with matters in this Court, engage in other activities on behalf of the client under the general supervision of the supervising attorney; a student shall make no binding commitments on behalf of a client, however, absent prior client and supervising attorney approval. In any matters, including depositions, in which testimony is taken, the supervising attorney must accompany the student. The supervising attorney must read, approve, and co-sign any filings made by the student. The Chief Judge or his/her designee and the presiding Judge retain the authority to establish exceptions to such activities.

(3) Prior to oral participation by a certified student in a hearing or trial, the supervising attorney shall provide the presiding Judge with a written statement of the anticipated scope of the certified student's participation.

(4) Because the supervising attorney is the attorney of record, no notice of withdrawal shall be required to be filed by the law student.