Pro Hac Vice Admission Of Out Of State Counsel By A Hawaii Attorney-Part 2

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As we wrote in our previous blog (found here), the procedure in U.S. District Court pro hac vice admission is different than in Hawaii State Court since, generally, the mainland attorney seeking pro hac vice admission is already admitted to a U.S. District Court in her home state.  The Local Rules of the District Court of Hawaii rule 83.1(e) control pro hac vice admission as follows:

(e) Pro hac vice. An attorney who is an active member in good standing in a bar of the highest court of any State or territory of the United States or the District of Columbia, who is of good moral character, and who has been retained to appear in this court, may, upon written application and in the discretion of this court, be permitted to appear and participate in a particular case subject to the conditions of this rule. An attorney who has been the subject of a criminal investigation known to the attorney or a criminal prosecution or conviction in any court in the past ten (10) years may, in this court’s sole discretion, be eligible to practice pursuant to this section provided the attorney satisfactorily explains the circumstances surrounding the criminal investigation, prosecution, or conviction. Unless authorized by the Constitution of the United States or Acts of Congress, an attorney is not eligible to practice pursuant to this section if any one or more of the following apply: the attorney resides in Hawaii; the attorney is regularly employed in Hawaii; or the attorney is regularly engaged in business, professional, or law-related activities in Hawaii.

The pro hac vice application and applicable fee shall be presented to the clerk and shall state under penalty of perjury:

(1) The attorney’s city and state of residence and office address;

(2) By what court(s) the attorney has been admitted to practice and the date(s) of admission;

(3) That the attorney is in good standing and eligible to practice in said court(s);

(4) Whether and under what circumstances the attorney:

(A) Is currently involved in disciplinary proceedings before any state bar, federal bar, or any equivalent;

(B) Has in the past ten (10) years been suspended, disbarred, or otherwise subject to other disciplinary proceedings before any state bar, federal bar, or its equivalent;

(C) Has been denied admission pro hac vice by any court or agency in the past ten (10) years; and

(D) Has been the subject of a criminal investigation known to the attorney or a criminal prosecution or conviction in any court in the past ten (10) years; and

(5) Whether the attorney has concurrently or within the year preceding the current application made any pro hac vice application in this court, and if so, the title and the number of each matter wherein the attorney made the application, the date of the application, and whether or not the application was granted. The attorney shall also designate in the application a member in good standing of the bar of this court who maintains an office within the district to serve as associate counsel. The application shall include the address, telephone number, and written consent of such associate counsel. The associated attorney shall at all times meaningfully participate in the preparation and trial of the case with the authority and responsibility to act as attorney of record for all purposes. The associated attorney shall participate in all court proceedings unless otherwise ordered by the court, but need not attend depositions or participate in other discovery. Any document required or authorized to be served upon counsel by the Federal Rules of Civil or Criminal Procedure, or by these rules, shall be served upon the associated attorney (local counsel), which shall be deemed proper and effective service. The pro hac vice application shall also be accompanied by payment to the clerk of any required assessment, which the clerk shall place to the credit of the Court Library Fund. If the pro hac vice application is denied, the court may refund any and all of the assessment paid by the attorney. If the application is granted, the attorney is subject to the jurisdiction of the court with respect to the attorney’s conduct to the same extent as a member of the bar of this court.

As with the pro hac vice application in Hawaii State Court, the pro hac vice applicant in U.S. District Court must be sponsored by local counsel.  Despite the lengthy rule listed above, the U.S. District Court provides a simple application for the pro hac vice applicant.  Like in Hawaii State Court, the U.S. District Court requires that the applicant pay a fee ($300 in 2013).