Local Rule LOCAL RULE 83.5: ATTORNEYS

LOCAL RULE 83.5 ATTORNEYS

(a) Bar of the Court. The Bar of the Arkansas district court shall consist of those persons admitted to practice in either district.

(b) Eligibility. 1. All persons who are on the roll of attorneys for either district of Arkansas upon the effective date of these Rules shall continue to be enrolled. 2. Any person is eligible for enrollment who is licensed to practice in the jurisdiction where that person's principal law office is located and where that person principally practices law. In the case of a nonresident of Arkansas, an applicant also must previously have been authorized to practice in another United States District Court. 3. Any attorney who is enrolled in the United States District Court for either district of Arkansas is automatically enrolled in the other district.

(c) Procedure for Admission. 1. Each applicant for admission to the Bar of this Court shall file with the Clerk a written petition setting forth his residence and office address and telephone numbers, his legal education, any criminal record other than traffic offenses the applicant may have, and the courts to which he has been admitted to practice. The petition shall be accompanied by a current certificate of good standing from the clerk of the highest court in the state where the applicant principally practices law. 2. The Clerk shall examine the petition and accompanying certificates and, if these comply with this Rule, the petition shall be presented to a judge of these courts who shall determine its sufficiency. If approved, the applicant shall make suitable arrangements thereafter with the Clerk for his appearance and admission.

(d) Special or Limited Appearance (Pro Hac Vice). Any attorney who is a member in good standing of the Bar of any United States District Court, or of the highest court of any state or territory or insular possession of the United States, but is not admitted to practice in the District Courts in Arkansas, may, upon oral or written application, be permitted to appear and participate in a particular case. The application shall designate a member of the Bar of these Courts who maintains an office in Arkansas for the practice of law with whom the court and opposing counsel may readily communicate regarding the conduct of the case. There shall also be filed with such application the address and telephone number of the named designee. Notwithstanding these provisions, the Court, upon written motion, may waive these requirements of this designation and permit the non-enrolled attorney to proceed without designating local counsel, for the limited purposes of the pending litigation. In support of the motion, non-enrolled counsel must affirm to these Local Rules and to the jurisdiction of the Court in matters of discipline. Appearances under this provision are limited and may be withdrawn by the presiding judge. Pleadings tendered to the Clerk for filing by an attorney who is not admitted to practice shall be accepted and filed by the Clerk and the Clerk shall call this Rule to the attention of the attorney. After the rule has been called to the attention of an attorney and a period of 30 days has elapsed, any additional pleadings tendered by the attorney shall not be accepted and filed by the Clerk until the requirements of this Rule are met. The Rule shall not apply to any attorney for the United States appearing in his official capacity.

(e) Disbarment and Discipline. All persons enrolled as attorneys in either of these courts or appearing pro hac vice under the provisions of Rule 83.5(d), shall be subject to the Uniform Federal Rules of Disciplinary Enforcement, which are hereby adopted and included in the Appendix to these rules.

(f) Withdrawal. No attorney shall withdraw from an action or proceeding except by leave of Court after reasonable notice has been given to the client and opposing counsel.

Adopted and effective May 1, 1980 Amended effective January 2, 1990 Amended and effective December 3, 2002 Amended May 20, 2010 Amended January 9, 2012