Local Rule LCivR 83: Attorneys; bankruptcy; miscellaneous; conduct in federal court facilities

Local Civil Rule 83. Attorneys; bankruptcy; miscellaneous; conduct in federal court facilities 83.1 Attorneys

(a) Definitions - As used in Local Rules 83.1(a) through 83.1(q), these terms are defined below.

(i) "Discipline" means an order entered against an attorney by the Michigan Attorney Discipline Board, a similar disciplinary authority of another state, or a state or federal court, revoking or suspending an attorney's license or admission before a court to practice law, placing an attorney on probation or inactive status, requiring restitution, or a transfer to inactive status in lieu of discipline.

(ii) "Chief Judge" means the Chief Judge or another district judge designated to perform the Chief Judge's functions under these rules.

(iii) "Practice in this Court," means, in connection with an action or proceeding pending in this Court, to appear in, commence, conduct, prosecute, or defend the action or proceeding; appear in open court; sign a paper; participate in a pretrial conference; represent a client at a deposition; counsel a client in the action or proceeding for compensation; or otherwise practice in this Court or before an officer of this Court.

(iv) "State" means a state, territory, commonwealth, or possession of the United States, and the District of Columbia.

(v) "Serious crime" means:

(A) a felony; or

(B) a crime, a necessary element of which, as determined by the statutory or common law definition of the crime in the jurisdiction of the conviction, involves interference with the administration of justice, false swearing, misrepresentation, fraud, willful failure to file income tax returns, willful failure to pay income tax, deceit, bribery, extortion, misappropriation, theft, or an attempt, conspiracy, or solicitation of another to commit a serious crime.

(b) Roll of attorneys - The bar of this Court consists of those currently admitted to practice in this Court. The Clerk shall maintain the roll of admitted attorneys.

(c) Eligibility for admission

(i) Eligibility - A person who is duly admitted to practice in a court of record of a state, and who is in active status and in good standing, may apply for admission to the bar of this Court, except as provided in (ii) below.

(ii) Effect of prior discipline - If the applicant has been held in contempt, disciplined, or convicted of a crime, the Chief Judge shall make an independent determination as to whether the applicant is qualified to be entrusted with professional matters and to aid in the administration of justice as an attorney and officer of the Court. An applicant dissatisfied with the decision of the Chief Judge may within twenty-eight (28) days file a petition for a hearing before a three judge panel as described in LCivR 83.1(m)(iii).

(iii) Pro hac vice admissions - This Court disfavors pro hac vice admission and prefers that all lawyers appearing before it become full members of the bar of the Court. Pro hac vice admission may nevertheless be allowed on a temporary basis pending full admission, or in unusual circumstances.

(d) Procedure for admission

(i) An applicant for admission to the bar of this Court shall pay the fee established by the Court and complete the application provided by the Clerk. The following information must be included in the application:

(A) office address and telephone number;

(B) the date of admission and each jurisdiction where the applicant has been admitted to practice; and

(C) whether the applicant has ever been held in contempt, subjected to discipline as defined by these rules or convicted of a crime. If so, the applicant shall state the facts and the final disposition of each such instance.

(ii) A sponsor must sign a declaration supporting the application for admission. A sponsor may be a member of the bar of this Court or, for applicants residing in another state, a judge of a court of record of that state, or a federal judge. The Chief Judge may waive the sponsorship requirement for recent law school graduates.

(iii) If an applicant has been subject to discipline as defined by these rules, the application must be accompanied by a copy of the entire disciplinary record, including complaints, answers, hearing transcripts and orders entered in the disciplinary proceedings.

(iv) The Chief Judge may grant or deny the application for admission. Alternatively, the Chief Judge may refer the application to a three-judge panel constituted pursuant to subsection (m)(iii)(A) of this rule for decision. A panel may grant or deny the application or may grant it subject to conditions. A decision of a majority of the three-judge panel shall be final and binding. If the Court grants the application, the Clerk shall issue a certificate of admission.

(e) Limited pre-admission practice - An attorney may appear on record and file papers in a case or proceeding before actual admission to practice in this Court if:

(i) the attorney pays the fee established by the Court;

(ii) the attorney files the application required by this rule with the Clerk; and

(iii) the attorney is admitted before a personal appearance in court.

(f) Local counsel - The Court may, in its discretion, require any attorney whose office is a great distance from the courthouse to retain local counsel. Local counsel shall enter an appearance in the case and shall have both the authority and responsibility for the conduct of the case should lead counsel be unavailable for any appearance, hearing or trial.

(g) Government attorneys - An attorney representing the United States, or an agency of the United States may practice in this Court in official capacity without applying for admission. If the attorney does not have an office in the district, he or she shall designate the United States Attorney or an Assistant United States Attorney for this district to receive service of all notices and papers. Service of notice on the United States Attorney or designated assistant shall constitute service on the nonresident government attorney.

(h) Law student practice

(i) Admission - Upon a satisfactory showing of eligibility and taking of the prescribed oath, a law student in an approved program may appear before the Court under the supervision of an attorney who has been duly certified. The supervising attorney may be an attorney in the U.S. Attorney's Office, an attorney in private practice admitted to practice before this Court, or a faculty member of an ABA-approved law school teaching in an eligible law school clinical program as defined in (iii) below.

(ii) Eligibility of law student - To be eligible to practice, a law student must:

(A) be enrolled in, or have graduated from, a law school approved by the American Bar Association;

(B) have completed at least two-thirds of the credit hours necessary for graduation from that law school;

(C) be certified by the dean of the law school as being of good character and of sufficient legal ability and training to perform as a legal intern;

(D) have a working knowledge of the Federal Rules of Civil and Criminal Procedure, Evidence, and Code of Professional Responsibility;

(E) have been certified by the Court pursuant to this rule;

(G) if the student qualifies as a legal intern under a supervising law school faculty member, be registered for credit in a law school clinical program which has been certified by the Court; and

(H) have been appropriately introduced to the Court by a member of the bar of this Court or by the supervising faculty member.

(iii) Eligibility of program

(A) An eligible law school clinical program:

(1) must be offered for credit at a law school approved by the American Bar Association;

(2) must be supervised by a full-time or adjunct law school faculty member who is admitted to practice before this Court;

(3) must include academic and practical advocacy training within the program;

(4) must be certified by this Court;

(5) must provide malpractice insurance for its activities, supervisors and student participants in the legal representation of any clients;

(6) must designate an official within the Western District to whom all notices may be sent in connection with this rule or any legal representation provided pursuant to this rule; and

(7) may arrange for a supervisor to accept compensation other than from a client, such as compensation under the Criminal Justice Act.

(B) An eligible non-law school clinical program:

(1) must be supervised by a member of a bar who is admitted to practice before this Court;

(2) must be developed to provide practical advocacy training within the program;

(3) must provide direct supervision by the supervising attorney;

(4) must be for a period of no less than fourteen (14) weeks;

(5) must be certified by the Court;

(6) must provide malpractice insurance for its activities, supervisors and student participants in the legal representation of any client under this program;

(7) may be, but need not be, under the direction of a full-time or adjunct faculty member of a law school; and

(8) must identify the supervising attorney to whom all notices may be sent.

(iv) Requirements for supervisor - A supervisor must:

(A) if a full-time or adjunct member of a law school faculty, be certified by the dean of the law school as being of good character, and as having sufficient legal ability and adequate litigation experience to fulfill the responsibilities as the supervisor. If the supervisor is not a member of a law school faculty, the certification may be provided by a practicing member of the bar;

(B) be admitted to practice in this Court;

(C) be present with the student in court and at other proceedings in which testimony is taken and as required under subsection (e) of this rule;

(D) cosign all pleadings or other documents filed with the Court;

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

(F) assist and counsel the student in activities pursuant to this rule and review all such activities with the student to the extent required for the proper practical training of the student and protection of the client; and

(G) be responsible for supplemental oral or written work for the student as is necessary to ensure proper representation of the client.

(v) Approved activities - A certified student under the personal supervision of a supervisor may participate in activities as set out below.

(A) A student may represent any client, including federal, state or local government bodies, if the client on whose behalf the student is appearing has indicated in writing consent to that appearance and the supervising attorney has also indicated in writing approval of that appearance.

(B) A student may represent a client in any criminal, civil or administrative matter on behalf of any person or governmental body. However, any judge or magistrate judge of this Court retains the authority to limit a student's participation in any individual case before that judge or magistrate judge.

(C) Representation shall include holding of consultations, preparation of documents for filing or submission to the Court, participation in discovery proceedings and the participation in trials and other court proceedings.

(D) The supervising attorney must be present with the student for all court appearances or for the taking of oral depositions except that a legal intern under a law school clinical program may appear in court without the supervising attorney unless the Court directs the presence of the supervisor. The Court shall be advised in advance whenever a legal intern is scheduled to appear in court without a supervising attorney.

(E) A student may make no binding commitments on behalf of an absent client prior to client and supervisor approval. Documents or papers filed with the Court must be read, approved and cosigned by the supervising attorney. The Court retains the authority to establish exceptions to such activities.

(F) A judge of this Court may terminate the admission of the legal intern at any time without prior notice or hearing or showing of cause.

(vi) Compensation - An eligible law student may neither solicit nor accept compensation or remuneration of any kind for services performed pursuant to this rule from the person on whose behalf services are rendered; but this rule will not prevent an attorney, legal aid bureau, law school or state or federal agency from paying compensation to an eligible law student, or making such charges for services as may be proper.

(vii) Certification of student - Certification of a student by the law school dean or designee, if such certification is approved by the Court, shall be filed with the Clerk and unless it is sooner withdrawn, shall remain in effect until the expiration of twelve (12) months. Certification will automatically terminate if the student does not take the first bar examination following graduation, or if the student fails to achieve a passing grade in the bar examination, or if the student is admitted to full practice before this Court. Certification of a student to appear in a particular case may be withdrawn by the Court at any time, in the discretion of the Court and without any showing of cause.

(viii) Certification of program - Certification of a program by the Court shall be filed with the Clerk and shall remain in effect indefinitely unless withdrawn by the Court. Certification of a program may be withdrawn by the Court at any time, in the discretion of the Court and without any showing of cause.

(ix) Certification of supervisor - Certification of a supervisor by the law school dean or member of the bar, if such certification is approved by the Court, shall be filed with the Clerk and shall remain in effect indefinitely unless withdrawn by the Court. Certification of a supervisor may be withdrawn by the Court at any time, in the discretion of the Court and without any showing of cause. Any judge or magistrate judge of this Court retains the authority to withdraw or limit a supervisor's participation in any individual case before that judge or magistrate judge. Certification of a supervisor may be withdrawn by the dean or attorney who originally certified the supervisor by mailing the notices of withdrawal to the Clerk.

(i) Unauthorized practice

(i) A person must be a member in good standing of the bar of this Court to practice in this Court or to hold himself or herself out as being authorized to practice in this Court, except that:

(A) a party may proceed in pro per;

(B) government attorneys may practice under LCivR 83.1(g); and

(C) law students may practice under LCivR 83.1(h).

(D) A licensed attorney who is not under suspension or disbarment in this or another federal or state court may:

(1) cosign papers or participate in pretrial conferences in conjunction with a member of the bar of this Court;

(2) represent a client in a deposition; and

(3) counsel a client in an action or proceeding pending in this Court.

(j) Consent to standards of conduct and disciplinary authority - An attorney admitted to the bar of this Court or who practices in this Court as permitted by this Rule is subject to the Rules of Professional Conduct adopted by the Michigan Supreme Court, except those rules a majority of the judges of this Court exclude by administrative order, and consents to the jurisdiction of this Court and the Michigan Attorney Grievance Commission and Michigan Attorney Discipline Board for purposes of disciplinary proceedings. Any person practicing or purporting to practice in this Court shall be presumed to know the Local Rules of this Court, including those provisions relating to sanctions for violations of these Rules.

(k) Attorney discipline

(i) Discipline other than suspension or disbarment - In accordance with the provisions of this Rule, a district judge or magistrate judge may impose discipline, except suspension or disbarment from this Court, on any attorney who engages in conduct violating the Rules of Professional Conduct; willfully violates these rules, the Federal Rules of Civil Procedure, or orders of the Court; or engages in other conduct unbecoming of a member of the bar of this Court. Prior to the imposition of discipline, the attorney shall be afforded an opportunity to show good cause, within such time as the Court shall prescribe, why the discipline should not be imposed. Upon the attorney's response to show cause, and after hearing, if requested and allowed by the district judge, or upon expiration of the time prescribed for a response if no response is made, the Court shall enter an appropriate order.

(ii) Suspension or disbarment

(A) Initiation of proceedings - Formal disciplinary proceedings leading up to possible suspension or disbarment shall be initiated by the issuance of an order to show cause, signed by the Chief Judge. Such order may be issued by the Court, on its own initiative or in response to allegations brought to the attention of the Court in a written complaint, if the Court determines further investigation is warranted. The Chief Judge may dismiss a complaint and refuse to issue an order to show cause if the complaint is found to be frivolous. The order to show cause issued by the Court shall include the specific facts that give rise to the proposed discipline, including the date, place and nature of the alleged misconduct, and the names of all persons involved. A copy of the order and any supporting documents shall be mailed to the attorney who is the subject of investigation. The attorney shall have twenty-one (21) days from the entry of the order in which to respond. The response shall contain a specific admission or denial of each of the factual allegations contained in the order and, in addition, a specific statement of facts on which the respondent relies, including all other material dates, places, persons and conduct, and all documents or other supporting evidence not previously filed with the order that are relevant to the charges of misconduct alleged. The response shall contain a specific request for a hearing, if so desired by the respondent.

(B) Hearing - A disciplinary hearing shall be held only when the attorney under investigation has requested such a hearing in a timely response.

(1) Procedures - If it is determined that a hearing is necessary, the Chief Judge shall provide the attorney with written notice of the hearing a minimum of twenty-one (21) days before its scheduled date. The notice shall contain the date and location of the hearing and a statement that the attorney is entitled to be represented by counsel, to present witnesses and other evidence, and to confront and cross examine adverse witnesses.

(2) Conduct of the hearing - The hearing shall be conducted by a panel of three judicial officers appointed by the Chief Judge, consisting of at least one active or senior district judge. The other members of the panel may include senior judges, bankruptcy judges, and magistrate judges. Any judge who initiated the request for discipline or before whom the allegation giving rise to the request took place shall not be appointed to the panel. The presiding judicial officer shall have the authority to resolve all disputes on matters of procedure and evidence which arise during the course of the proceeding. The presiding judicial officer may appoint an attorney to assist in the preparation and presentation of the evidence supporting the allegations giving rise to the request for discipline. All witnesses shall testify under penalty of perjury. Such hearings shall be confidential and be recorded. A decision of a majority of the three judge panel shall be final and binding. A written order shall be prepared which shall include the findings of the panel and disposition of the disciplinary charges. The order shall be a matter of public record and be sent to the respondent and complainant.

(3) Burden of proof - The conduct giving rise to the request for discipline shall be proven by a preponderance of the evidence.

(4) Failure to appear - The failure of the respondent to appear at the hearing shall itself be grounds for discipline.

(iii) Reinstatement after expiration of court-imposed discipline - After expiration of a period of suspension imposed by this Court, an attorney may apply for reinstatement by filing an affidavit under LCivR 83.1(m)(iii). The application for reinstatement will be decided in accordance with the process set forth in that rule. Unless and until reinstated, a suspended attorney must not practice before this Court.

(l) Attorneys convicted of crimes

(i) Serious crimes

(A) When an attorney admitted to practice before this Court is convicted of a serious crime, the attorney is automatically suspended from practice in this Court without further action of the Court, whether the conviction resulted from a plea of guilty or nolo contendere or from a verdict after trial or otherwise, and regardless of the pendency of an appeal. On receipt of written notice of conviction of a serious crime of an attorney admitted to practice before this Court, the Chief Judge shall enter an order suspending the attorney. The suspension shall continue until after final disposition of an appeal of the conviction, proceedings on remand after an appeal, and any disciplinary investigation and proceeding based on the conduct that resulted in the conviction. The Court shall serve a copy of the order on the attorney by certified mail.

(B) On application, the Chief Judge shall reinstate the attorney on a showing that:

(1) there is a jurisdictional deficiency that establishes that the suspension may not properly be ordered; such as that the crime did not constitute a serious crime or that the attorney is not the individual convicted; or

(2) the conviction has been reversed and there is no likelihood of further criminal prosecution or disciplinary action related to the conduct that resulted in the conviction. A reinstatement will not terminate any disciplinary investigation or proceeding based on the conduct that resulted in the conviction.

(ii) Other crimes - If the Court receives written notice of conviction of an attorney admitted to practice before this Court of a crime not constituting a serious crime, the matter shall be referred to the Chief Judge who may initiate proceedings under subsection (k)(i) or (ii) of this rule.

(iii) Obligations to report conviction - An attorney admitted to practice before this Court shall, on being convicted of any crime, immediately inform the Clerk. If the conviction was in this Court, the attorney shall also provide to the Clerk a list of all other jurisdictions in which the attorney is admitted to practice. An attorney knowingly violating this provision may, on notice and after hearing, be charged with criminal contempt.

(m) Discipline by other jurisdictions

(i) Reciprocal discipline

(A) On receipt of written notice that another jurisdiction entered an order of discipline against an attorney admitted to practice in this Court, the Chief Judge shall enter an order imposing the same discipline, effective as of the date that the discipline was effective in the other jurisdiction. If the discipline imposed in the other jurisdiction has been stayed there, the Court shall defer reciprocal discipline until the stay expires.

(B) When this Court enters an order of discipline against an attorney, the attorney shall provide to the Clerk a list of all other jurisdictions in which the attorney is admitted to practice.

(ii) Application to modify reciprocal discipline

(A) Within twenty-eight (28) days after the effective date of the order of discipline in this Court, the attorney may apply to the Chief Judge for modification or vacation of the discipline.

(B) The Chief Judge shall modify or vacate the discipline if, on the record supporting the order of discipline in the other jurisdiction, the attorney demonstrates or the Chief Judge finds that it clearly appears that:

(1) the procedure in the other jurisdiction constituted a deprivation of due process;

(2) there was such an infirmity of proof establishing the misconduct as to give rise to the clear conviction that this Court could not accept as final the conclusion on that subject;

(3) imposing the same discipline in this Court would result in grave injustice; or

(4) the misconduct warrants substantially different discipline.

If the Chief Judge determines that any of these grounds exist, the Chief Judge shall order other appropriate discipline or no discipline.

(iii) Reinstatement after expiration of discipline

(A) An attorney may apply for reinstatement by filing an affidavit of reinstatement stating that the jurisdiction that entered the underlying order of discipline has reinstated the attorney. The application for reinstatement must be accompanied by a copy of the entire disciplinary record, including complaints, answers, hearing transcripts, and orders entered in the disciplinary proceedings. The Chief Judge shall assign such applications to a panel of three judicial officers consisting of at least one active or senior district judge. The other members of the panel may include senior judges, bankruptcy judges and magistrate judges. Any judge who initiated the request for discipline or before whom the allegation giving rise to request for discipline took place shall not be appointed to the panel. A decision of the majority of the three judge panel shall be final and binding.

(B) The judicial officers assigned to the matter shall within twenty-eight (28) days after assignment schedule a hearing at which the attorney shall have the burden of demonstrating by clear and convincing evidence that:

(1) the attorney has complied with the orders of discipline of this Court and all other disciplinary authorities;

(2) the attorney has not practiced in this Court during the period of disbarment or suspension and has not practiced law contrary to any other order of discipline;

(3) the attorney has not engaged in any other professional misconduct since disbarment or suspension;

(4) the attorney has the moral qualifications, competency and learning in the law required for admission to practice law before this Court; and

(5) the attorney's resumption of the practice of law will not be detrimental to the integrity and standing of the bar or to the administration of justice, or subversive of the public interest.

The Court may condition reinstatement on payment of all or part of the costs of the proceedings in this Court and may impose any of the conditions of reinstatement imposed in the other jurisdiction, or such other conditions as are warranted.

(C) An attorney shall not file an application for reinstatement under this Rule within one year following denial of such an application.

(iv) Obligation to report discipline

(A) An attorney admitted to practice before this Court appearing or participating in a pending matter shall, on being subjected to an order of discipline, immediately inform the Clerk of the order of discipline.

(B) An attorney admitted to practice before this Court shall, before appearing or participating in a matter in the Court after being subjected to an order of discipline that has not previously been reported to the Court, immediately inform the Clerk of the order of discipline.

(C) An attorney knowingly violating this provision may be charged with criminal contempt.

(n) Resignation in other jurisdictions

(i) If an attorney resigns from the bar of another court of the United States while an investigation into allegations of misconduct is pending:

(A) the attorney shall immediately and automatically be disbarred from this Court; and

(B) the attorney shall promptly inform the Clerk of the resignation. An attorney knowingly violating this notification provision may be charged with criminal contempt.

(ii) On receipt of written notice that an attorney has resigned from the bar of another court of the United States or the bar of a state while an investigation into allegations of misconduct was pending, the Chief Judge shall enter an order disbarring the attorney, effective as of the date of resignation in the other jurisdiction.

(iii) An attorney disbarred under this subsection may apply to the Chief Judge for modification or vacation of the disbarment pursuant to LCivR 83.1(m)(ii).

(iv) An attorney disbarred under this subsection may be reinstated if the attorney is readmitted in the jurisdiction from which the attorney resigned and there has been a final disposition of the investigation into allegations of misconduct without an order of discipline.

(o) Service of papers - Service of papers on an attorney under this Rule may be by mail to the address of the attorney shown on the Court's roll of attorneys or the address in the most recent paper the attorney filed in a proceeding in this Court.

(p) Duties of the Clerk

(i) On being informed that an attorney admitted to practice before this Court has been convicted of a crime, the Clerk shall determine whether the Court in which the conviction occurred sent a certificate of the conviction to this Court. If not, the Clerk shall promptly obtain a certificate and file it with the Court.

(ii) On being informed that another court or a state has entered an order of discipline against an attorney admitted to practice before this Court, the Clerk shall determine whether a certified copy of the order has been filed with this Court. If not, the Clerk shall promptly obtain a certified copy of the order and file it with the Court.

(iii) When this Court convicts an attorney of a crime or enters an order of discipline against an attorney, the Clerk shall promptly notify the National Discipline Data Bank operated by the American Bar Association and any other authority that licensed or authorized the attorney to practice.

(q) Other authority - Nothing in this Rule abridges the Court's power to control proceedings before it, including the power to initiate proceedings for contempt under Fed. R. Crim. P. 42 or sanction or disqualify an attorney in a particular case.

83.2 Bankruptcy

(a) Referral of cases under Title 11 to bankruptcy judges - Pursuant to the powers granted by 28 U.S.C. § 157(a) any or all cases under Title 11 and any or all proceedings arising under Title 11 or arising in or related to a case under Title 11 previously filed or hereafter filed shall be referred to the bankruptcy judges of this district.

(b) Bankruptcy court jurisdiction in core and noncore related proceedings - The bankruptcy judge shall determine whether proceedings are core, or noncore related, and shall enter appropriate orders and judgments subject to those appeal rights afforded by 28 U.S.C. § 158 and Fed. R. Bankr. P. 8001-8009. In those noncore related proceedings in which the parties timely object to the entry of a final judgment or order by the bankruptcy judge, the bankruptcy court shall file and serve proposed findings of fact and conclusions of law on all dispositive matters. Objections shall be filed in accordance with Fed. R. Bankr. P. 9033. Upon submission by the bankruptcy court clerk to the district court clerk of the proposed findings of fact and conclusions of law and all objections timely filed thereto, the matter will be randomly assigned to a district judge who will conduct all further proceedings and enter a dispositive order.

(c) Jury trials - Pursuant to 28 U.S.C. §§ 157(e) and 1411(e), the bankruptcy judges in this district are specially designated to conduct jury trials with the express consent of all parties, if the right to jury trial applies in any proceeding that may be heard by a bankruptcy judge. All bankruptcy judges shall adhere to the Jury Selection and Service Act, 18 U.S.C. §§1861-1878, and this Court's jury selection plan. Upon request, the district court clerk shall supply a sufficient number of jurors for jury trials in the bankruptcy court. Procedure in jury cases, including time and form of jury demand, waiver, advisory juries and trial by consent shall be governed by local rule of the bankruptcy court.

(d) Local bankruptcy rules - Pursuant to Rule 83 of the Federal Rules of Civil Procedure and the rules governing bankruptcy practice, a majority of the bankruptcy judges of this district are authorized to make rules of practice and procedure consistent with the Bankruptcy Rules.

83.3 Miscellaneous

(a) Courthouse conduct - [Repealed]

(b) Certification of issues to state courts - Upon motion or after a hearing ordered by the judge sua sponte, the Court may certify an issue for decision to the highest court of the state whose law governs any issue, claim or defense in the case. An order of certification shall be accompanied by written findings that: (a) the issue certified is an unsettled issue of state law; (b) the issue certified will likely affect the outcome of the federal suit; and (c) certification of the issue will not cause undue delay or prejudice. The order shall also include citation to authority authorizing the state court involved to resolve certified questions. In all such cases, the order of certification shall stay federal proceedings for a fixed time, which shall be subsequently enlarged only upon a showing that such additional time is required to obtain a state court decision. In cases certified to the Michigan Supreme Court, in addition to the findings required by this rule, the Court must approve a statement of facts to be transmitted to the Michigan Supreme Court by the parties as an appendix to briefs filed therein.

(c) Sealed Cases - The court may enter an order sealing an entire civil case file only if (a) sealing is required by statute or court rule, or (b) sealing is justified by a showing of extraordinary circumstances and the absence of narrower feasible and effective alternatives (such as sealing discrete documents or redacting specific information), such that sealing an entire case file is a last resort. Any order sealing an entire case file under ground (b) of this rule must contain specific findings justifying sealing. The order may be vacated on motion of any party or on the court's own motion when the reason for sealing has ended. Government attorneys of record in miscellaneous cases involving Grand Jury matters will be afforded remote electronic access to the miscellaneous case.

(d) Appearance - An attorney appears by filing any pleading or other paper or by acknowledging in court that the attorney acts in the proceeding on behalf of a party. The appearance of an attorney is deemed to be the appearance of the law firm. Any attorney in the firm may be required by the Court to conduct a court-ordered conference or trial. Withdrawal of appearance may be accomplished only by leave of court.

(e) Amendment - These rules may be amended by a majority vote of the judges of this district in conformity with Rule 83 of the Federal Rules of Civil Procedure.

(f) Payment to court reporters - All parties ordering a transcript must pay in advance by cash or certified check unless the court reporter agrees to other arrangements.

83.4 Conduct in federal court facilities

(a) Security

(i) As used in this rule, "federal court facility" includes any facility occupied by the United States District Court or any temporary facility occupied by a District Judge or Magistrate Judge serving in the Western District of Michigan.

(ii) All persons entering a federal court facility in the Western District of Michigan are required to present a valid government issued identification card with photo, pass through a magnetometer, and have all belongings and packages subject to physical and/or x-ray examination by the United States Marshals' Service. Any person who refuses to present a valid form of identification or pass through screening shall be denied entrance.

(b) Soliciting, loitering, and disruptive behavior

(i) The solicitation of business relating to bail bonds or to employment as counsel is prohibited.

(ii) Loitering in or about federal court facilities is prohibited.

(iii) Any behavior which impedes or disrupts the orderly conduct of the business of the court is prohibited. Signs, placards, or banners may not be brought into a federal court facility or its environs.

(c) Recording of court proceedings

(i) Except as specifically provided herein, no camera or recording device shall be permitted in a federal court facility. This prohibition shall include any device or contrivance capable of preserving or transmitting a visual image and any device or contrivance capable of recording, transmitting, or preserving any audible communication (except cell phones with camera features).

(ii) The taking of photographs or video recordings in connection with any judicial proceeding and the recording or broadcasting of judicial proceedings by radio, television or other means is prohibited.

(A) As used in this rule, "judicial proceeding" includes proceedings before district, bankruptcy or magistrate judges, and sessions of the grand jury.

(B) As used in this rule, "in connection with any judicial proceeding" includes all participants in a judicial proceeding while they are in a courtroom or its environs.

(iii) A judicial officer may authorize, by written notice to the United States Marshal, the use of electronic or photographic means for the presentation of evidence or for the perpetuation of the record.

(iv) A district judge or magistrate judge may authorize, by written notice to the United States Marshal:

(A) The broadcasting, televising, recording, or photographing of investiture, ceremonial, or naturalization proceedings; and

(B) The radio or television broadcasting, audio or video recording or photographing of court proceedings pursuant to a resolution of the Judicial Conference of the United States.

(v) By written notice to the U.S. Marshals' Service, the General Service Administration Property Manager or his designee can authorize an individual or contract group to possess a camera or recording device for the purpose of maintaining or enhancing the facility, to include repair and alterations.

(d) Firearms and weapons

(i) It is illegal to possess a firearm or other dangerous weapon in a federal court facility with or without the intent to commit a crime (Title 18, USC 930). Firearms, knives, explosives, and other weapons are prohibited in federal court facilities and subject to confiscation.

(ii) Exceptions to this rule include:

(A) Judicial officers, the United States Marshal, deputy marshals, court security officers, and employees of the Federal Protective Service.

(B) Federal law enforcement agencies having offices in a federal court facility are exempt from the provisions regarding the carrying of weapons while entering the building and while going to and from the floor where their offices are located.

(C) Employees of the United States Probation Office who are authorized by law and agency regulations to carry firearms in the performance of their official duties may possess firearms in this facility to the extent necessary to transport such firearms by the most direct route available to and from the offices of the Probation Department. In accordance with regulations of the U.S. Probation Department, all firearms shall be secured while present within the offices of the Probation Department. The Chief U.S. Probation Officer will notify the United States Marshals' Service in writing of all officers authorized to carry firearms. Employees of the United States Probation Office are prohibited from carrying firearms into courtrooms.

(D) State, county, and local law enforcement officers who are:

(1) Escorting prisoners to and from court under the direction of the United States Marshals' Service, or

(2) Assisting the Marshals' Service by supporting or providing additional security, as directed, in and around federal court facilities.

(iii) All other federal, state or local law enforcement officers are required to identify themselves and store their weapons in weapons lock boxes maintained by the United States Marshals' Service. For security purposes, officers may be required to be screened after securing their weapons.

(iv) The handling of firearms as exhibits in trials is governed by an administrative order issued by the court.

(v) An exception to this Rule regarding weapons or firearms may only be made by the Chief Judge or the Judge in whose courtroom the proceedings are occurring.

(e) Cellular telephones and laptop computers

(i) General Policy - Except as provided in (ii) and other court orders, cellular telephones and laptop computers, are not permitted in federal court facilities.

(ii) Exempted Persons - The following persons are permitted to carry and use cellular telephones and laptop computers, within federal court facilities in the Western District of Michigan:

(A) Officers of the Court - Attorneys appearing in their official capacity as officers of the Court.

(B) Building tenants - Employees and visiting employees of the federal court facility.

(C) Parties to litigation - Parties, other than defendants in criminal cases, who enter a federal court facility accompanied by their attorney, if their counsel certifies to security staff that such devices are necessary to facilitate litigation pending before the court.

(D) U.S. Marshals' Service personnel - Including Court Security Officers and contract guards.

(E) Other federal, state, local law enforcement - When appearing in their official capacity.

(F) GSA approved contractors - By written notice to the U.S. Marshals' Service, the General Service Administration Property Manager or his designee may authorize an individual or contract group to possess a cellular telephone, laptop computer, or other wireless communication device for the purpose of maintaining or enhancing the facility, to include repair and alterations.

(G) Jurors - Grand jury members, petit jury members, and persons appearing as directed pursuant to a jury summons.

(H) Judicial authority - Upon request to the court, a judicial officer may issue an order granting permission to an individual or group, otherwise not authorized to possess a cell phone or laptop computer. The U.S. Marshal shall be notified of such order.

(I) Members of the Press - Bona fide members of the press who present official credentials satisfactory to the U.S. Marshal.

(iii) Conditions for authorized use of cellular telephones - Unless express permission to the contrary is given by the presiding judicial officer, the following conditions and restrictions apply to those individuals authorized to carry a cellular telephone:

(A) While in a courtroom, cellular telephones shall be in the "off" position at all times, unless the presiding judicial officer give express permission for use of the device.

(B) The device may not be used and must be turned off except in designated areas of the court facility.

(C) The device cannot be initiated, "answered," or examined or manipulated (for text messaging or otherwise) while in a courtroom.

(D) The device may be used for communication by non-building tenants only in designated areas. Designated areas will be identified by each court facility by administrative order, to be posted prominently in each facility and on the court's Internet website.

(E) The cell phone or computer may not be used for purposes of taking pictures or making any audio or video recording in violation of subsection (c) of this rule.

(f) Enforcement - The United States Marshal, his deputies, and court security officers may demand from any individual in possession of a cellular telephone or wireless communication device, to produce identification in aid of enforcement of this rule, and if the identification does not satisfy the officer that the person in possession of the device is authorized in accordance with the terms of this rule, the officer may refuse admittance to this person and/or confiscate the device.

(g) Violations

(i) Attorney discipline - An attorney violating this rule may be subject to discipline, including disbarment, in accordance with Local Criminal Rule 57 and/or Local Civil Rule 83.

(ii) Confiscation - A violation of this rule, including without limitation, unauthorized possession, use in an unauthorized space, possession of a device in an audible mode, and failing to turn off a device when required, SHALL result in immediate confiscation of the device. Any judicial officer may order confiscation of a cellular telephone or wireless communications device. Any United States Marshal or Deputy Marshal or court security officer may also confiscate such a device. The U.S. Marshal's Service will develop a procedure for handling and storing confiscated devices.

(iii) Contempt of Court - A violation of this rule may be punished as criminal contempt of court. A violation that disrupts a judicial proceeding may be punished by summary proceedings.

(h) Relief from confiscation of a device - An individual whose device has been confiscated may apply in writing not less than seven (7) days after confiscation for its return. The application shall be made to the judicial officer whose proceedings were disturbed by the violation, or, if there is no such judicial officer, to the chief judge. The judicial officer may grant or refuse the request. Confiscated devices that are not returned, either because no request has been made within the time provided or the request for return has been denied, shall be disposed of in a manner directed by the chief judge. Nothing in this paragraph shall prohibit the judicial officer or his designee to return a device after the conclusion of a court matter if the violation was totally inadvertent.

(i) Consent to provisions - Any person bringing in a cellular telephone, laptop computer, or other wireless communication device shall be determined to have consented to the provisions of this rule.