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Rule 9010-3. Attorneys

(a) ADMISSION. The bar of this court consists of those attorneys admitted to practice before the United States District Court for this district. No person, unless duly admitted to practice in that court, shall be permitted to appear and participate in the trial of any action or the hearing of any motion except in that person's own behalf or as provided in paragraphs (b), (c) and (d).

(b) GOVERNMENT ATTORNEYS. Attorneys not admitted in the district court for this district but admitted in another United States District Court may appear representing the United States of America or any officer or agency thereof.

(c) OTHER ATTORNEYS. Except as provided in paragraph (b) and (d), attorneys not admitted to practice in the district court may appear or file documents, other than proofs of claim, only after being admitted pro hac vice pursuant to Local Rule 83.5 of the district court.

(d) LAW STUDENTS. A law student who represents a client in connection with a matter in this court and the attorney supervising the law student shall comply with the following requirements:  

    (1) The law student must be supervised by a member of this court’s bar.  The supervisor must:

        A.    verify that the law student meets the requirements of Local Rule 83.8(b) of the district court;
        B.    complete the Student Practice Certification and Notice of Appearance of Student Attorney form and file it with the Clerk;
        C.    file a copy of the Student Practice Certification and Notice of Appearance of Student Attorney form in any case in which the law student appears;
        D.    assume full responsibility for the law student’s work;
        E.    accompany the law student to, and be prepared to assist the law student at, every court appearance; and
        F.     appear as an attorney of record in the same case in which the law student appears.

    (2)    The law student must be enrolled in a law school accredited by the American Bar Association.

    (3)    The law student must have completed the equivalent of at least two semester of full-time study.

    (4)    The law student must:

        A.    be enrolled for credit in a law school-supervised program and the law student’s work must be under the supervision of that program; or
        B.    be a paid or unpaid intern representing any state, local or other governmental unit or agency.

    (5)     The law student must not accept compensation in connection with the matter, except that a paid intern may receive compensation from his or her employer.  The law school-supervised program in which the law student is enrolled may accept compensation other than from a client.  

A completed Student Practice Certification and Notice of Appearance of Student Attorney form is effective for 12 months after the date it is filed with the clerk, unless revoked by the chief judge at any time by written notice to the supervising attorney and the law student.

(e) FORMER LAW CLERKS. An attorney who has served as a law clerk to a judge, for a period of one year after termination from service as a law clerk, shall not: 1) appear before that judge; 2) allow that attorney's name to appear on any pleading or memorandum filed in connection with any case or adversary proceeding assigned to that judge; or 3) allow that attorney's name to appear on any petition filed with the court unless that attorney is a sole practitioner.

(f) FORMER JUDGES. An attorney who has served as a judge of the court, for a period of one year after termination from service as a judge, shall not: 1) appear before the court; 2) allow that attorney's name to appear on any pleading or memorandum; or 3) allow that attorney's name to appear on any petition.

(g) SUBSTITUTION; WITHDRAWAL.

(1) Substitution. If a party in an adversary proceeding or a debtor in a chapter 7 or 13 case wishes to substitute attorneys, the party or debtor shall file a substitution of attorney signed by the client, the original attorney and the substituted attorney. If a client wishes to substitute attorneys and the client's employment of the attorney was subject to approval by the court, the client shall make an application to substitute attorneys and comply with Local Rule 2014-1.

(2) Withdrawal. An attorney in a bankruptcy case whose employment was subject to approval by the court, an attorney for any party in an adversary proceeding, or an attorney for a debtor in a chapter 7 or 13 case who wishes to withdraw without a substitution of attorney shall make a motion for leave to withdraw.

(3) Service. In an adversary proceeding, substitutions, motions and applications shall be served on all parties to the proceeding and in a case on all entities specified in the applicable subparagraph of Local Rule 9013-3(a).

(4) Effect of Failure to Comply. Until a substitution of attorneys is filed or an order is entered allowing the original attorney to withdraw, the original attorney is the client's attorney of record and the original attorney shall represent the attorney's client in bringing and defending all matters or proceedings in the bankruptcy case other than adversary proceedings in which the original attorney has not yet made an appearance. Failure to receive advance payment or guarantee of attorney's fees is not grounds for failure to comply with this subsection.

 (h) ELECTRONIC REGISTRATION, NAME CHANGES AND DEACTIVATION.

(1) Registration: Attorneys admitted to the bar of this court (including those admitted pro hac vice and attorneys authorized to represent the United States), United States trustees and their assistants, trustees, and others as the court deems appropriate, may register as Filing Users of the court’s Electronic Case Filing System. Registration is in a form prescribed by the clerk and requires the Filing User’s name, address, telephone number, bar identification number and primary e-mail address at which the Filing User wishes to receive CM/ECF notification. Once registration is completed, the Filing User will receive notification of the Filing User’s user name and password. Filing Users agree to protect the security of their passwords and immediately notify the clerk if they learn that their password has been compromised.

(2) Name Changes. A Filing User may change the name associated with the Filing User’s user name and password only to reflect a legal name change. A Filing User may not change the name associated with the Filing User’s user name and password to that of another person.

(3) Deactivation. A Filing User may deactivate his or her user name and password at any time, upon written notice to the clerk.