Opinion
MISC. 03-040 (HL)
June 3, 2003
ORDER
On March 26, 2003, the judges of this Court approved an amendment to Local Rule 204.2(A), which was published on April 7, 2003, and recalled on account of public comment. (Docket Nos. 1-3). Thereafter, the Court approved a revised proposed amendment which was published on May 14, 2003. (Docket No. 4). New comments from the Bar were received prompting the Court to recall the revised proposed amendment for further consideration. (Docket No. 5).
Having weighed all comments received, the Court has decided that the proposed amendment to Local Rule 2.4.2(A), as published on April 7, 2003, adequately addresses the necessary criteria to consider applications to appear pro hac vice in proceedings before the Court.
The only addition to the original proposed amendment appears drafted under new Section (a)(5) of the rule incorporating the requirement for payment of the pro hac vice fee, a requirement which was published on May 27, 1997, and has been in effect since June 1, 1997. In the Matter of: Pro Hac Vice Appearances and Bar Membership Renewal Fees, Misc. No. 97-0083 (CCC); Notice to Counsel No. 97-16.
WHEREFORE, in view of the above, the Judges of this Court unanimously approved the adoption, on an interim basis and effective immediately, of the following amendments to Local Rule 204.2(a) (amended text is underlined):
RULE 204 — APPEARANCE
Only members of the Bar of this Court may appear as attorneys in this District, except as follows:
[. . .,]
2 — Pro Hac Vice Appearance
a. An attorney who does not reside in Puerto Rico and is authorized to practice law before the Bar of any United States District Court, or the highest court of any state, territory or possession of the United States, may apply for permission to appear as attorney of record in a case or proceeding. The movant shall:
1) designate a member of the bar of this court as local counsel;
2) state the court(s) in which the movant is admitted to practice law;
3) attest that the movant is not currently suspended from practicing law before any court or jurisdiction;
4) state if any complaints for unethical misconduct, disciplinary proceedings or criminal charges involving the movant are currently pending before any court or jurisdiction; and,
5) pay the appropriate fee.
Pursuant to 28 U.S.C. § 2071 (e), the Court has determined that there is an immediate need to amend Local Rule 204.2(a). The Clerk is instructed to publish Notice to afford interested parties an opportunity to submit written comments concerning the permanent adoption of Local Rule 204.2(a), as amended, on a permanent basis. Comments should be submitted by Monday, June 9, 2003.
Unless the Court recalls the rule on account of public comment, same shall adopted on a permanent basis effective Tuesday, June 10, 2003, as approved.
IT IS SO ORDERED.