UNITED STATES DISTRICT COURT FOR NORTHERN DISTRICT OF … · 2013-10-17 · WICHITA FALLS DIVISION CRIMINAL JUSTICE- ACT-QUESTIONNAIRE Pursuant to the Criminal Justice Act Plan for

Local Rules Chapter 8

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS

ABILENE DIVISION

CRIMINAL JUSTICE-ACT'-QUESTIONNAIRE

Pursuant to the Criminal Justice Act Plan for the Northern District of Texas (Miscellaneous Order No. 3), this form must be completed by an attorney when admitted to practice. Please return the completed form to: '

Attn.: CJA Panel Attorney Program Clerk, United States District Court

341 Pine Street, Room 2008 Abilene, TX 79601

A. General Information

2. Office Address: (Firm Name)

(Street) (State) (ZIP)

3. Telephone Numbers: (Ofice) (Home)

(Mobile) (Internet E-mail)

4. What is the best way to contact you in an emergency?

5. Bar Number:

6. Date Admitted to Texas Bar:

7. Date Admitted to NDTX:

8. What other Federal Districts have you been admitted to:

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9. Law School ikom which you received.your JD:

10. Professional Affiliations:

Texas Criminal Defense Lawyers NACDL

Other:

B. Trial & Legal Experience

1 1. Indicate your Criminal Trial experience by providing approximate totals in the following categories :

Federal Court State Court

Jury Trials

Bench Trials

Pleas & Sentences

Appeals

Other Court Hearings I . I .

12. Indicate your Civil Trial experience by providing approximate totals in the following categories:


Jury Trials

Bench Trials

Other Court Hearings

Depositions

13. Indicate any other legal experience that might qualiw you to receive a criminal appointment (including experience in a prosecutor’s or public defender’s office or as a judicial law clerk) and areas in which you are a Board Certified Specialist:

I

I

CONTINUED ON NEXT PAGE.

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14. List the names and phone numbers of three judges and three lawyers who know of your ability as a trial attorney:

Judges:

C. Miscellaneous Information

Attorneys:

15. Have you ever been disciplined by, or are you the subject of a pending disciplinary complaint before any Bar Association or Court?

Yes No

If “Yes” please describe the facts concerning the discipline or the pending disciplinary complaint:

16. Are you fluent in any foreign language@)? Yes No

If“Yes”p1ease list:

I HEREBY CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND CORRECT.

Signature Date

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S A N ANGEL0 DIVISION

CRIMINAL JUSTICE-ACT-QUESTIONNAZRE

Pursuant to the Criminal Justice Act Plan for the Northern District of Texas (Miscellaneous Order No. 3), this form must be completed by an attorney when admitted to practice. Please return the completed form to:


33 E. Twohig Street, Room 202 San Angelo, TX 76903-645 1


(First) (Middle) (Last)

2. Office Address: (Firm Name)

3. Telephone Numbers: (Office)

(Internet E-mail) (Mobile)


5. BarNwnber:



8. ’ What other Federal Districts have you been admitted to:

33


9. Law School fiom which you received your JD:

10. Professional Af€iliations:

Texas C-1 Defense Lawyers NACDL

Other:


1 1. Indicate your Criminal Trial experience by providing approximate totals in the following categories:


Jury Trials

Bench Trials

Pleas & Sentences

Appeals



Federal Court State Court Jury Trials

Bench Trials


Depositions

13. Indicate any other legal experience that might quaw you to receive a criminal appointment (including experience in a prosecutor’s or public deknder’s office or as a judicial law clerk) and areas in which you are a Board Certified Specialist:


34

Local Rules . ChaDter 8


Judges: Attorneys :



Yes No

If “Yes” please describe the fiicts concerning the discipline or the pending disciphary complaint:

16. Are you fluent in any foreign language(s)? Yes No

If“Yes”p1ease list: .


Signature Date

35



WICHITA FALLS DIVISION

CRIMINAL JUSTICE- ACT-QUESTIONNAIRE

Pursuant to the Criminal Justice Act Plan for the Northern District of Texas (Miscellaneous Order No. 3), this form must be completed by an attorney when admitted to practice. Please return the completed form to:


1000 Lamar Street, Room 203 Wichita Falls, TX 76301


1. Name: (Last) (First) (Middle)

2. Office Address: (Finn Name)

(Street) (City) (State) (ZIP)

3. Telephone Numbers: (Office)

(Mobile) (Internet E-mail)


5. Bar Number:



8. What other Federal Districts have you been admitted to:

37

9. Law School from which you received your JD:

10. Professional Miliations:

Texas Criminal Defense Lawyers @ NACDL

Other:


1 1. Indicate your Criminal Trial experience by providing approximate totals in the following categories:

Jury Trials


Bench Trials

Pleas & Sentences

Appeals



Federal Court State Court Jury Trials

Bench Trials


Depositions

13. Indicate any other legal experience that might qualiQ you to receive a criminal appointment (including experience in a prosecutor’s or public defender’s office or as a judicial law clerk) and areas in which you are a Board Certified Specialist:


38



Judges: Attorneys:



Yes No

If “Yes” please describe the facts concerning the discipline or the pending disciphry complaint:

No 16. Are you fluent in any foreign language(s)?

If“Yes”p1ease list:

Yes


Signature

39

Date

Local Rules ChaDter 8

UNITED STATES DISTRICT COURT Southern District of Texas

41

. .-


Southern District of Texas Afforney Admissions Requirements -

ELIGIBILITY FOR ADMISSION : 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, and 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. The attorney shall file an application on aform prescribed by the court, accompanied by payment of the fee set by order of the Court. Local Rule 83.1.A.C, S.D. Texas. Download the Atmlication Form.

Each application for admission filed with the Clerk shall be accompanied by:

1. A check in the amount of $50.00 payable to: Clerk, U.S. District Court. 2. A Xerox copy of your State Bar card. 3. An ORIGINAL Certificate of Good Standing from another Federal Court,' if applicable. 4. A selfaddressed, stamped envelope for notification purposes.

ACTION ON APPLICATION: FEE: OATH: After a review of the application, the court will admit or deny admissions. 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. Counsel will be notified by letter of the date on which appearance is required before a judicial officer for administering the oath (Local Rule 83.1).

The exceptions of the attendance provisions to a cOurSe of instruction are:

a. Applicants who have reached the age of seventy. b. Applicants who reside out of the district and are members of the bar of another United States District

Court who have provided an ORIGINAL, Certificate of Good Standing from that court of membership. c. Former Circuit, District, Bankruptcy and Magistrate Judges.

Should an applicant scheduled to take the oath, unreasonably fail to notify the Clerk that he will not appear as scheduled, the applicant forfeits the fee. Applicant must then reapply and advance an additional fee. Counsel are required to notify: Admissions Clerk, (713) 250-5041 prior to the scheduled appearance date if unable to attend.

NOTE: Care should be taken to furnish in detail ALL information requested on the form of the application. Incomplete applications will be returned to applicant without processing.

MAIL TO:

Attn.: Attorney Admissions US. DISTRICT COURT P.O. Box 61010 Houston, Texas 77208

MICHAEL N. MILBY Clerk of Court

U.S. DISTRICT COURT Southern District of Texas

APPLICATION MUST BE ACCOMPANIED BY $50.00 CHECK OR APPLICATION WILL BE RETURNED

SDTX AAlO (1 1/99)

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UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF TEXAS

1. (as listed on State Bar Card)

2.

3.

.’ 4. c

5.

6.

7.

Home Address: (Street or P.O. Box) (City-Sta te-Zip)

Telephone: Home:( 1 Office:$ 1

Firm Name:

Firm Address: (Street or P. 0. Box) (City State-Zip)

Date of Birth:

Identifl a state bar of which you are admitted.

State Bar No:

8. Identifl a United States District Court bar of which you are a member.

Number:

9. Please list areas of certification:

10. If in the last ten years you have been the subject of discipline by a court or bar, attach a description and a copy of the final disposition.

11. Attach an explanation of any conviction, in the last ten years, of a misdemeanor involving moral turpitude or any felony.

;: 12. If you responded to iten ten or eleven, attach all information you feel would assist the court in determining your fitness to practice law in this district.

13. List two members of this court’s bar who will state that (a) they are not related to you; (b) they have known you for at least twelve months or otherwise know you well; (c) they have read this application; and (d) they believe your professional competence and character to be good.

A. Reference’s name, office address, state bar number and telephone number:

B. Reference’s name, office address, state bar number and telephone number:

Subscribed under the penalty for perjury.

Applicant

SDTX AA10 (1 O/OO)

Date

44

Local Rules Chanter 8

LR83. MISCELLANEOUS LOCAL, RULES LR83.1 Admission to Practice.

k

B.

C.

D.

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, and 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.

Division. Lawyers who reside in the district must apply in the division where the lawyer resides. Applicants who do not reside in the district may apply for admission in any division.

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

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

E.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.

F. 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.

G. Workshop. An approved applicant must attend a workshop held by the Court before being admitted, unless the applicant either is over seventy years old or resides out of the district and is a member of the bar of another United States District Court. Former Circuit, District, Bankruptcy and Magistrate Judges are exempt from attending the workshop.

1. On approval of an application, the clerk will noti@ the applicant, giving the locations and dates of the next workshops.

2. Applicants who reside in the Houston or Galveston Divisions must attend the workshop in Houston.

3. Applicants for admission in the Brownsville, Corpus Christi, Laredo, McAllen and Victoria Divisions may attend a workshop in any division.

H. Expiration. Members of the bar must reapply every five years from the date of admission by filing a new application and paying the fee. If a member fails to reapply before the expiration of the term, a later application will be treated as an original application, requiring reapproval and attendance at a workshop.

I. Oath. On admission, the lawyer will take this oath before any judicial officer of the United States:

I do solemnly swear [afirm] that I will discharge the duties of attorney and counselor of this court faithfdly, 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.

45


J. Fee. The applicant will pay the fee set by order. Should an applicant scheduled to take the oath unreasonably fail to notifjr the clerk that he will not appear as scheduled, the applicant forfeits the fee.

I K. Practice Without Admission. A lawyer who is not admitted to practice before this Court

may appear as attorneyin-charge for a party in a case in this Court with the permission of the judge before whom the case is pending. When a lawyer who is not a member of the bar of this Court first appears in a case, the lawyer shall move for leave to appear as attorneyin- charge for the client.

L. 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 counsekin-charge may be effected by motion and order, under conditions imposed by the court.

1'

LR83.3. Notices. All communications about an action will be sent to the attorneybcharge who is responsible for notifLing associate couns el.

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

are participants in this ' district. which they

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.

k 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 =turned immediately to the clerk for the drawing of a civil action number and random assignment to a judge.

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.

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UNITED STATES DISTRICT COURT Eastern District of Texas

47


UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS

CLERK’S OFFICE

MEMO:

TO: \

Attorneys applying for admission to practice in the Eastern District of Texas

FROM: Attorney Admissions Clerk

SUBJECT: Application for admission to practice

llis is an application for admission and a motion for admission to practice. Compliance with the following inshructom will expedite your admission.

1. Fill out the application for admission Be sure to:

a) Answer every question b) Complete the oath of admission at the bottom of the application for admission c) Must have original nofarized signature on oath

2. Have the motion for admission filled out by an attorney who meets the critexia outlined in the motion.

1

3. Send the on@ application for admission, motion for admission and a check made out to ‘‘US, District ClerK’ for the admission fee of $80.00. The fee consists of a $50.00 attorney admission fee required by statute and a $30 fee assessed by the Court. The local assessment is a $15.00 annual fee to be paid triennially. This payment covers 1/1/2004 through 12/31/2005. Please mail the above items to:

United States District Court Attorney Admissions 100 E. Houston St. Marshall, TX 75671

4. Once your application is approved, a certificate of admission will be d e d .

5. Attorneys are responsible for notrfjlng the admissions cletk in the clerk’s office of all changes of address, firm andor telephone number.

6. Please take note that your state bar number is requtred on all pleadings fled in this court,

Ifyouhave any questions regarding the application process, please call the attorney admissions clerk at (903) 935-2912. . Your application must be complete for proper processing and approval.

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UNITED STATE DISTRICT COURT EASTERN DISTRICT OF TEXAS

CLERK’S OFFICE

DATE: BlackInk Only

~~

LAST NAME GENERATION FIRST NAME MIDDLE NAME/MATDEN NAME

FIRM NAME:

OFFICE ADDRESS: I

E-MAIL:

PHONE NO:

DATE OF BIRTH: SEX:

PLACE OF BIRTH:

TEXAS BARNO: RETIRED STATE JUDGE YES( ) NO( ) [no fee required]

. Has any application for admission to practice before any court ever been denied you, or has your pivilege to practice before any court ever been suspended:

Has there ever been any disciplinary action in any court or by any Bar Association or commi#ee thereof which would reflect unfavorably upon your conduct, competency or fitness as a member of the Bar? If so, give complete idiomation on separate page.

Describe m detail on a separate page any charges, arrests or COnViCfioIlS for criminal offense(s) filed against you. Omit minor trafltic offenses.

Other courts in which you are admitted to practice:

Are you wdmg to accept appointments representing indigent defendants in criminal cases: Yes ( 1 No( 1

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OATH OF ADMISS ION

I, 9 do solemnly swear (or aflitm) that I will discharge the duties of attorney and COUflSeloT of this court fhiihfblly, that I will demem myselfuprightly under the law and the highest ethics of our profession; and that I will support and d e f d the Constitution of the United Stab.

Signatme of Applicant

SUBSCRIBED AND SWORN TO BEFORE ME, this day of ,20-.

NOTARY PUBLIC or Other Officer

(Jhk oath shall be sworn before a Notary Public or any other person authorized to administer oaths, and the seal aflked).

APPROVED FOR THE COURT: For DAVID 9. MALAND U.S. DISTRICT CLERK EASTERN DISTRICT OF TEXAS

Rev OU2004

51

UNITED STATE DWI’IUCT COURT E A S ~ D I S T R I ~ O F T E X A S

CLERK’S 0mcE

MOTION FOR ADMISSION

I, , move the admission of (Type or print)

, Applicant, to the Bar of this court and, in support state the following:

1. I am not related to the Applicant.

2. I am a member in good standing of ( ) the State Bar of Texas or ( ) the Bar of the United States District Court for the District of . (Check applicable boxed)

3. I have known Applicant personally and professionally for Applicant’s character. (Period of time)

and am well acquainted with

4. I have reviewed Applicant’s application, and the information in it is true to the best of my knowledge and belief.

5. I believe that Applicant is qualified for admission to the Bar of this Court and is competent to practice before this Court, and has good private and professional character and standing.

WHEREFORE, PREMISES CONSIDERED, I recommend Applicant for admission to practice before this court.

Respectfidly submitted,

Finn: Address:

Phone: Texas Bar No:

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UNITED STATES DISTRICT COURT Western District of Texas

53

.

Chapter 8 Local Rules

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS

Instructions: Type or print your answers. Answer all questions fully. If the question does not apply to you, answer "NA" . An incomplete response will delay processing of your application. Where the space provided is insufficient, answer on additional sheets, with reference to the question.

1. (a) Full N a m e (Last) (First) (Mi ddle )

(b) If you have ever been known by any other name, state the name and the reason for using it:

(c) .Your name as you wish it to appear on the register:

2. (a) Date of birth:

Place of birth:

(c) If not native born, give date and place of naturalization:

3 . Business Name:

4. Business Address:

Zip Code

5. Business Telephone: ( 1

6. Residence Address:

Zip Code

7. Residence Telephone: ( )

55


8.

9.

10.

Social Security Number:l

State Bar I.D. Number: (Specify state if other than Texas)

List states, federal possessions and territories in which you have been admitted to practice law by the highest court. Indicate the year admitted, status and areas of certified specialization.

State Year ,Admitted Current Standinq SDecialization

11. List federal courts to which you have been admitted. the year admitted and current status.

Indicate

Court Year Admitted Current Standinq

12. List your law school, the date of graduation, and the degree received. If you did not graduate from a law school, please describe your law study in detail.

lAttorneys are requested to provide their Social Security Number in order to assist the court in maintaining the integrity of its records.

56


13. Indicate any grievances or involuntary removals filed against you as a lawyer. Describe the circumstances in detail.

14. Describe in detail charges, arrests, or convictions for criminal offenses(s). Omit minor traffic offenses.

ANSWER THE FOLLOWING QUESTIONS "YES" OR "NO" IN THE BLANK PROVIDED; IF "YES", EXPLAIN FULLY ON A SEPARATE SHEET.

15. (a) Have you ever been denied admission to the bar of any State (including the District of Columbia) or any federal court?

(b) Have you ever been disbarred, suspended from practice, reprimanded, censured or otherwise disciplined or disqualified as an attorney?

(c) Has any adverse action, formal or informal, been taken against you or your license to practice law by any grievance committee, court, or other disciplinary body or commit tee ?

16. Have you ever held a bonded position in connection with which anyone has sought to recover on your bond, or made a claim for any alleged default?

17. In connection with questions 17(a) through (c), the detailed explanation of any affirmative answers shall include dates, exact name and address of the court, if any, the case number, and disposition.

(a) law, other than minor traffic violations?

Have you ever been charged with any violation of any

57

(b) Have you ever been charged with fraud, formally or otherwise, in any civil, criminal, bankruptcy, or administrative case or proceeding?

(c) or had your discharge in bankruptcy revoked?

Have you ever been denied a discharge in bankruptcy,

18. Are there any unsatisfied judgments against you, whether barred by limitation or not?

(If so, give names and addresses of creditors, amounts, dates and nature of judgments, courts, and reasons for non-payment. )

19. I swear that the information provided in the foregoing application including attachments, if any, is true and correct. I acknowledge that by accepting admission to this Court I am subjecting myself to the discipline of this Court. I further certify that I have read and am familiar with the Federal Rules of Civil Procedure and Local Rules of this court and alternative dispute resolution procedures of the Western District of Texas and will advise clients in any actions pending in this court regarding alternative dispute resolution procedures. I further certify, if requested, I am willing to appear before this court or any Committee appointed to test the qualifications of applicants for admission to practice before this Court.

I declare under penalty of perjury that the foregoing is true.

Date Signature

SUBSCRIBED AND SWORN TO BEFORE ME THIS day of 20 , at .

(SEAL) Notary Public or Deputy Clerk of this Court.

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SECTION III - ATTORNEYS

RULE AT-1. ADMISSION AND DISCIPLINE OF ATTORNEYS

(a) Any person licensed to practice law in the State of Texas and in good standing with the State Bar of Texas may make application to practice in the Western District of Texas upon certification he or she will comply with the requirements of this rule. Any person who is a member in good standing of the bar of any federal district court, federal circuit court, or the Supreme Court of the United States, or is active in the practice of the bar of any other state and who has five years of experience in the practice of law may make application to practice in the Westem District of Texas upon certification he or she will comply with the requirements of this rule. Any person who resides within the Western District of Texas shall file his or her application with the Clerk in the division in which he or she resides.

(b) Application for admission shall be made on the form approved by the Court and in compliance with instructions therein. The Clerk shall provide, upon request, the approved application form and instructions. Completed applications shall be filed with the Clerk. Three letters of reference concerning the applicant's character and standing fiom licensed attorneys in the Western District of Texas must be included. If the attorney resides in another federal district, the applicant must additionally submit three letters of reference fiom attorneys licensed in that district. In addition, a statement by the attorney which illustrates willingness to appear before the committee or members of the Bar shall be provided.

(c) For the purposes of examining and reporting on the fitness and qualification for all attorneys for admission, a standing committee of no less than three nor more than seven members of the bar of this Court will be appointed in each division by the presiding judge(@ of each division. The period of time the members will serve on the committee will be determined by the judge or judges at the time of appointment. A majority of the members on a committee will constitute a quorum for the purpose of taking any action contemplated by this rule in those divisions having five or less committee members. In those divisions having more than five members, any three members will constitute a quorum.

(d) When an application is filed with the Clerk, it will immediately be referred to the committee. The applicant must submit with the application a current certificate of good standing (or equivalent documentation) from each bar in which he or she has an active practice along with the required letters of reference. The applicant must certifjl that he or she has read, is familiar with, and will comply with the Local Rules of the United States District Court for the Western District of Texas.

The committee may require the applicant to participate in the taking of a seminar specifically designed for those lawyers who wish to practice in the Western District of Texas.

Rev. 03/04/02

59

An applicant who is not a member of the State Bar of Texas but who becomes a resident of the State of Texas shall, if not admitted to the practice before the courts of Texas within one year of becoming a resident of Texas, be again evaluated by the committee with regard to continuing membership of the bar in the Western District of Texas.

In the event the attorney fails to complete all requirements of this rule for admission to practice within one year following the date of the filing of the application, all records will be removed by the Clerk without fbrther notice to the attorney. A new application for admission will be required.

(e) upon motion of a member of this Bar in open court, the attorney may be admitted to the Bar of this Court. When admitted, the attorney will pay the statutory admission fee, which will be transmitted by the Clerk to the Treasury of the United States, together with an additional fee of twenty dollars ($20.00), which will be placed in the Non- Appropriated Fund Account to be used to defiay actual expenses of the committee incurred in implementing this rule, and for such other purposes that the majority of the Advisory Committee for the Non-Appropriated Fund agree are appropriate. In addition, the attorney will take in open court either an oath or affirmation of the following:

(1) After the petition has been referred to and approved by the committee, and

I do solemnly swear (or a f f i ) that I will demean myself as an attorney and counselor of this Court according to the best of my ability and learning, and with all good fidelity as well to the Court as to the client. That I will use no falsehood nor delay any person's cause for lucre or malice, and that I will support the Constitution of the United States. So help me, God.

(2) Any non-resident who has completed all requirements for admission to the Western District of Texas including the payment of the proper fee may, upon the concurrence of the presiding judge of the division where the application is pending, have the oath of admission administered by a United States District Judge in another district. The attorney will be required to file the oath with the Clerk of Court for the Western District of Texas before his or her name will be entered on the roll of attorneys for the district.

(f) (1) No attorney who has not been admitted to practice before this Court shall appear for, or represent, a party in any case except by permission of the judge before whom the case is pending. In the event permission is granted, the non-admitted attorney shall immediately pay to the clerk a twenty-five dollar ($25.00) pro hac vice fee.

(2) All attorneys admitted to practice before this Court are required to renew their membership with this Bar every three (3) years, the first three-year cycle beginning

AT 1 -2

Rev. 03/04/02

60

January 1,2002. Attorneys will submit to the Clerk a twenty-five dollar ($25.00) attorney renewal fee. Such fee must be paid within ninety (90) days of the beginning of each renewal cycle. If the renewal fee is not timely paid, the attorney's name will be removed fiom the attorney admissions rolls of this Court. That attorney must then reapply for admission to practice before this Court in compliance with the provisions found in paragraphs (a) through (e) above. Those attorneys who are, and continue to be, exempt fiom the attorney admissions requirements of this Court, or who are full-time judicial officers or attorneys with any federal, state, or other governmental entity, are not subject to payment of the attorney renewal fee.

(g) (1) United States Magistrate Judges shall have the authority to admit attorneys pro hac vice; such admissions shall be at the sole discretion of the United States Magistrate Judge to whom the motion for admission is addressed, and such admission shall be limited to the case proceeding at hand and shall not be considered admission to allow an attorney to practice generally before the United States District Court.

(2) United States Bankruptcy Judges shall have the authority to admit attorneys pro hac vice; such admissions shall be at the sole discretion of the United States Bankruptcy Judges to whom the motion for admission is addressed; any such admission shall be limited to the case or proceeding at hand and shall not be considered admission to allow an attorney to practice generally before the United States Bankruptcy Court or the United States District Court.

(h) If the committee does not approve an attorney for admission to practice, the attorney and the presiding judge@) in the division wherein the application was filed will be notified in writing. The attorney may, within thirty days fiom receipt of written notice, appeal the committee's decision by a written request directed to the presiding judge@) of the division with a copy of the request being delivered to the committee chairperson. Upon receipt of a copy of the written request, the chairperson will send the file of the committee to the judge for review. Thereafter, the presiding judge@) may take such action as appropriate under the circumstances.

(i) Any attorney admitted to practice in this Court will be referred to the committee of the division wherein the attorney practices for appropriate review, investigation, and recommendation if said attorney:

(1) is convicted of a felony offense in any state or federal court;

(2) has his or her license to practice law in any jurisdiction suspended, revoked, or otherwise limited by any appropriate disciplinary authority;

(3) resigns his or her license to practice law in any state or federal district specified in his or her application;

AT1-3

Rev. 03/04/02

61


(4) represents a client in such a fashion as to raise a serious question concerning the need to improve the quality of the attorney's professional performance; or

(5) presents an impediment to the orderly administration of justice and/or integrity of the Court.

Promptly after receipt of such reference, the chairperson of the committee will advise the attorney that the referral has been made. An initial screening subcommittee, consisting of one or more members of the fill committee, chosen by the chairperson, will be formed. The subcommittee may request the attorney meet with it informally to explain the circumstances which gave rise to the reference, and may conduct such preliminary inquiry as it deems advisable. If after the inquiry the subcommittee determines hrther attention is not needed, it will so notify the referring judge and the committee's responsibility will end. The referring judge may then take such action, if any, as appropriate.

If the initial screening subcommittee determines that the matter warrants firher action, it will notify and h i s h the attorney with a copy ofthe subject matters which the subcommittee intends to refer to the full committee. In addition, it will advise the chairperson who will then initiate a review by the full committee or a quorum, as defined in this rule. Ten days after notice to the attorney, the committee may pursue such inquiries it deems appropriate including scheduling a hearing with the attorney present and shall thereafter make its recommendation in writing. The attorney will be advised of the recommendation, in writing, and will be given the opportunity to respond, to seek revision or revocation, andor to suggest alternatives to the recommendation. The committee, after receiving the response, may modify, amend, revoke or adhere to its original recommendation and will thereafter notify the attorney and the referring judge of its final recommendation. The referring judge may then take such action, if any, that is appropriate.

It will be the obligation of any attorney who is a member of the bar of this district to cooperate with the committee so that it may effectively comply with its responsibilities under this rule. If an attorney rehses to meet with the committee, rehses to h i s h it with an explanation of the circumstances which gave rise to any referral, or otherwise rehses to cooperate with the committee, the committee will advise the presiding judge(s) of the division wherein the attorney practices and the Chief Judge of this Court. Thereafter, the Chief Judge may take such action, if any, as appropriate. or refer the matter to the presiding judge of the division in which the lawyer practices.

Any attorney of the bar of this Court who is subject to a reference under this rule or who is asked by the committee to furnish it with relevant information concerning any requirement of this rule will regard it to be an obligation as an officer of the court to cooperate filly with the committee. In addition, any attorney who is convicted of a felony offense in any state or

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federal court; has his or her license to practice law suspended, revoked, or otherwise limited by any appropriate disciplinary authority; or resigns his or her license to practice law in any state or federal bar specified in the lawyer's application to be a member of the bar of this Court must notifl the Clerk of this Court of such action immediately and the Clerk shall, in turn, notifl the presiding judge(s) of the divisions wherein the attorney practices.

(j) All records of the committee pertinent to the implementation and administration of this rule will be kept confidential to ensure the flow of information to the committee, fknkness in reporting, and preventing recriminations against sources of idormation, unless the Court orders otherwise. If the attorney in question files a written request with the committee to make the matter one of public record, then the entire record will be presented to the Chief Judge of the district of the division for an appropriate determination.

(k) When any judge of this district receives a recommendation fkom the committee regarding any member of the bar of the Western District of Texas and the circumstances warrant, the judge shall forward a copy of the committee's records and the Court's action regarding any attorney to the appropriate disciplinary authority of any bar that authorizes the attorney to practice law.

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Documents

UNITED STATES DISTRICT COURT FOR NORTHERN DISTRICT OF … · 2013-10-17 · WICHITA FALLS DIVISION CRIMINAL JUSTICE- ACT-QUESTIONNAIRE Pursuant to the Criminal Justice Act Plan for