Local Rule LR83: MISCELLANEOUS LOCAL RULES

LR83. MISCELLANEOUS LOCAL RULES

LR83.1. Admission to Practice.

A. Eligibility. A lawyer applying for admission to the bar of this court must be licensed to practice law by the licensing authority of one of the fifty states, the District of Columbia, or a Territory of the United States. If licensed by a licensing authority other than the State of Texas, then an attorney must also be a member in good standing of a United States District Court. Attorneys employed by the Department of Justice or the Federal Public Defender are exempt from the requirement of good standing in another United States District Court. (Amended by General Order 2018-6, effective March 22, 2018).

B. Application. The lawyer shall file an application on a form prescribed by the Court.

C. Committee on Admissions. The district shall have one committee on admissions comprised of seven attorney members chosen by the Chief Judge and who shall serve staggered three-year terms. The participation of four members, either in person or by electronic means, shall constitute a quorum.

D. Action on the Application. After a review of the application, the Court will admit or deny admission. A person not admitted may request a hearing to show why the application should be granted. The hearing will be conducted under the procedures for disciplinary matters.

E. Uncompensated Assignments. The pro bono representation of indigent clients is encouraged by this Court. It is hoped that as a matter of public service a member of the Bar of the Southern District of Texas will accept an uncompensated assignment to an indigent's civil matter as often as every twelve months.

F. Expiration. Members of the bar must renew their membership every five years from the date of admission by filing a renewal application and paying the fee. If a member fails to renew before the expiration of the term, the attorney may file a request for renewal after expiration. If an attorney's membership has been expired for 10 years, the attorney will need to submit a new application to be readmitted to the Southern District of Texas.

G. Oath. On admission, the lawyer will take this oath before any judicial officer of the United States, clerk of court or deputy clerk, or notary public:

I do solemnly swear [affirm] that I will discharge the duties of attorney and counselor of this court faithfully, that I will demean myself uprightly under the law and the highest ethics of our profession, and that I will support and defend the Constitution of the United States.

H. Fee. The applicant will pay the fee set by order.

I. Practice Without Admission. A lawyer who is not admitted to practice before this Court may appear for a party in a case in this Court with the permission of the judge before whom the case is pending by filing a Motion to Appear Pro Hac Vice on the prescribed form. A Motion to Appear Pro Hac Vice filing fee may be set by the Court.

J. Conduct of Attorneys. The Rules of Discipline in Appendix A govern membership in the bar of the United States District Court for the Southern District of Texas.

LR83.2. Withdrawal of Counsel. Although no delay will be countenanced because of a change in counsel, withdrawal of counsel-in-charge may be effected by motion and order, under conditions imposed by the Court.

LR83.3. Notices. All communications about an action will be sent to the attorney-in-charge who is responsible for notifying associate counsel.

LR83.4. Change of Address. Notices will be sent only to the address on file. A lawyer or pro se litigant is responsible for keeping the clerk advised in writing of the current address. Counsel of record and pro se litigants must include in this advice the case numbers of all pending cases in which they are participants in this district.

LR83.5. Parties' Agreement. Agreements among the parties are enforceable by the Court only if they are announced in open court or reduced to writing and signed. Nevertheless, agreements of the parties are not binding on the Court.

LR83.6. Preserving Confidentiality.

83.6.A. Civil Actions. On the filing of a civil action that the party desires be sealed, the party shall present an application to the clerk attaching the complaint and accompanying materials in a sealed envelope marked "sealed exhibit." A miscellaneous case number will be assigned and the case file presented to the miscellaneous judge. Once that judge has ruled on the application, the case file and order will be returned immediately to the clerk for the drawing of a civil action number and random assignment to a judge.

83.6.B. Jurors' Names. The trial judge may hold the names of petit jurors confidential. Names of jurors held confidential shall not be disclosed other than to employees of the judiciary of the United States in their official duties.

LR83.7. Electro-Mechanical Devices. Except by leave of the presiding judge, no photo- or electro-mechanical means of recordation or transmission of court proceedings is permitted in the courthouse.

LR83.8. Courtroom Behavior. Traditional, formal courtroom etiquette is required of all who appear in court as specified in Appendix C.