Rule 227 Pro Hac Vice Admission

(a) Requirements. Except as otherwise provided in the Admission Rules, only an actively licensed Idaho attorney may practice law. Upon order by the affected court and subject to the limitations below, an attorney who is not a member of the Bar or a resident of Idaho may be permitted to appear in an Idaho case if the attorney:

(1) Is an active member in good standing of the bar of another state or territory of the United States or the District of Columbia;

(2) Currently maintains an ongoing law practice in another jurisdiction;

(3) Files a motion for pro hac vice admission with the affected court as provided below; and

(4) Pays a $625 fee to the Bar, $125 of which shall be remitted by the Bar to the Idaho Law Foundation to support its pro bono legal services program.

(b) Local Counsel.

(1) As used in this rule, Local Counsel means an active member of the Bar with whom the court and opposing counsel may readily communicate regarding the conduct of the case.

(2) Unless specifically excused from attendance by the trial judge, Local Counsel shall personally appear with the pro hac vice attorney on all matters before the court.

(c) Procedure. To apply for pro hac vice admission, an attorney shall:

(1) File a motion with the affected court that:

(A) Designates Local Counsel and the address and telephone number of Local Counsel;

(B) Provides the written consent of Local Counsel; and

(C) Identifies the bar of which the Applicant is an active member in good standing and whether that bar limits the number of pro hac vice admissions;

(2) Submit to the Bar:

(A) Payment of a $625 fee;

(B) A certificate of good standing from the jurisdiction where the attorney currently maintains a law practice; and

(C) A copy of the motion;

(3) Provide proof that all counsel of record in the case have been served with the motion; and

(4) Submit a copy of the proposed order to the affected court.

(d) Consent. An attorney who applies for pro hac vice admission:

(1) Consents to the exercise of disciplinary jurisdiction by the affected court and the Bar over any alleged misconduct which occurs during the case in which that attorney participates; and

(2) Commits to adhere to the Idaho Standards for Civility in Professional Conduct.

(e) Order. The affected court may enter an order granting or denying the motion for pro hac vice admission in a form as provided in subsection (k) below.

(f) Pleading. On all court filings in which the name of an attorney seeking or granted pro hac vice admission appears, the attorney shall state his or her current office address in the jurisdiction where the attorney is an active member.

(g) Record. The Bar shall maintain a record of all pro hac vice admission motions as a public record, and shall promptly provide such record to any judge upon request.

(h) Limitation.

(1) Except as provided in subsection (2) below, there is no limitation on the number of pro hac vice admissions that may be granted to an attorney.

(2) There shall be a reciprocal limitation on the number of pro hac vice admissions for attorneys applying for pro hac vice admission by virtue of an active license in a jurisdiction that limits the number of pro hac vice admissions of Idaho lawyers.

(i) Agency Admission. In agency proceedings in Idaho, the agency may, using the same standards and procedures as a court, admit an eligible out-of-state attorney who has been retained to appear as counsel in that proceeding pro hac vice.

(j) Form of Motion. The pro hac vice motion should be in substantially the following form: Local Counsel Office Address Business Phone Bar Number Applying Counsel Out of State Office Address Business Phone Number of Limited Admissions Granted By Jurisdiction IN THE ______________COURT OF THE STATE OF IDAHO ) Case Caption ) Case #_____ ) ) Motion for Pro Hac Vice Admission ) * * * Pursuant to I.B.C.R. 227, the undersigned counsel petition the court for admission of [ Applying Counsel ], pro hac vice, in this case. [ Applying Counsel ] certifies that he/she is an active member, in good standing, of the bar of _________________, that he/she maintains the regular practice of law at the above-noted address, and that he/she is not a resident of the State of Idaho or licensed to practice in Idaho. [ Applying Counsel ] certifies that he/she has previously been admitted under I.B.C.R. 227 in the following matters: ____________________________________________________ [If the pro hac vice applicant has been denied admission under this rule in this or any jurisdiction, a separate affidavit explaining the circumstances of such denial shall accompany this motion]. Undersigned counsel certify that a copy of this motion has been served on all other parties in this case and that a copy of the motion, accompanied by a $625 fee and a certificate of good standing, have been submitted to the Idaho State Bar. Counsel certify that he/she consents to the exercise of disciplinary jurisdiction by this court and the Bar over any alleged misconduct which occurs during this case and commits to adhere to the Idaho Standards of Civility in Professional Conduct. Counsel certify that the above information is true to the best of their knowledge. [ Local Counsel ] acknowledges that his/her attendance shall be required at all court proceedings in which [ Applying Counsel ] appears, unless specifically excused by the trial judge. DATED this________ day of _____________________, ______ /s/ /s/ Pro Hac Vice Counsel Local Counsel

(k) Form of Order. The order may be in substantially the following form: IN THE ______________COURT OF THE STATE OF IDAHO ) ) Case #_____ Case Caption ) ) Order Granting Motion for Pro Hac ) Vice Admission ) * * * The court has considered the Motion for Pro Hac Vice filed on ___(date)_______ and being fully advised in the premises, it is hereby ordered that _______________________be admitted pro hac vice in this case and that ______________________ serve as Local Counsel, whose attendance shall be required in all court proceedings in which ___________________appears, unless specifically excused by the court. DATED this________ day of _____________________, ______