Qualifications for Admission
Federal courts will not admit an applicant to practice unless the applicant is currently a member in good standing of the bar of the highest state court of the State of California (or other state where applicant is licensed). An applicant also must have graduated from a rule-compliant ABA-accredited law school and be a lawfully admitted applicant for admission to the California Supreme Court Bar .
The presiding judge of the court may grant, deny, or reserve decision on a request for admission as an attorney in the Federal District Court in Sacramento. Matters are decided on an individual basis. Applicants admitted to practice before the court are subject to the same disciplinary authority of the California Supreme Court and of the United States District Court for the Eastern District of California.
Your Application to the Federal Court
Generally, admission to federal court requires you to submit an application-sometimes called a motion-to the presiding judge. Written application typically requires you to provide a certificate from your home Circuit, or your home state bar, that establishes your good standing in that jurisdiction. This usually entails obtaining a certificate of good standing from the applicable state bar; essentially the same requirement as for admission to most state courts, with one exception. The state where you are licensed will usually require an additional fee for this service. For example, the District of Columbia Bar charges $15 to certify your status as an active member there (DC Bar Rule 49(k)(7)). It is usually wise to permit some time to go by before any scheduled court appearance when awaiting your certificate of good standing from your agency, since life is unpredictable. You will also typically need to file some sort of form with your request: the N.D. Ill Court form is here. A$150 fee must usually accompany your application for admission-the District of Columbia requires $125 (See DC Rules Rule 49(3)(f)). Depends on the court, of course, and it can change at any time. If admitted pro hac vice, on the other hand, no written request or fee is usually required, but you’ll need a sponsoring attorney there, who may require your fee. See contact the admitting court for specifics. After submission of the application, you will usually get a letter from the court explaining if you have been granted the right to apply for admission and the procedures for doing so. In general, you will probably need to either (a) appear in person before the Court, or (b) at least submit a proposed order for the court to sign in order to have your pro hac admission granted. If you will definitely be appearing in front of the court for substantive motions and hearings, you may wish to seek an exception to the requirement, arguing that it is redundant required for admission. Tribunal rules and procedures vary widely, so it is best to consult the appropriate rules and to check carefully over all paperwork submitted for compliance with such rules. The average waittime for admission to the U.S. District Court typically varies from一week to one month.
State Bar Reciprocity / Admission Requirements
It is important to understand that most of the case law governing reciprocity and the state bar membership of the applicants for admission to the bar of a federal Court is actually based on deciding whether or not the federal court applicant should be admitted to the membership of the bar of the State as a result of the "reciprocity" issues stemming from being admitted to the bar of the federal court. The federal cases actually go both ways in addressing reciprocity issues: the federal court may determine that reciprocity does not exist or that it does exist. These principles are set forth in Cohen v United States, 300 U.S. 193, 81 L Ed 592, 57 S Ct 469 (1937). In Cohen, an attorney who had been granted permission to practice in the M.D. Pennsylvania because he did not reside there was subsequently denied admission to practice in Pennsylvania when it was revealed that he was not a resident of Pennsylvania even though he had been basically practicing law in Pennsylvania for 15 years. In sum, the Cohen Court held that reciprocity does not exist because there is an absence of mutuality when one jurisdiction has a residency requirement and the other does not. Thus, a showing of reciprocity between a state bar and a federal Court requires relatively strict compliance with the residency requirements of the relevant state bar. Commonwealth v National Bank of Mexico & Local 885, 91 F Supp 370 (EDNY 1950).
How the Federal Court System Works
Admission to practice in federal court is the door to practice in the federal system. Being admitted to practice is the first step in helping clients not only within New York, but across the United States.
Once admitted to practice in federal court, an attorney can represent clients in federal court across the US, and in administrative hearings before federal agencies such as the Social Security Administration. An attorney handling a federal criminal case may need to file motions and represent the client in the administrative hearing, even if the agency is in a different federal district.
Being a member of the federal court’s bar gives an attorney an "all access pass" to move throughout the admission process. An attorney’s admission is confirmed in PACER. The client’s Profile page shows all of the attorneys admitted to the case and the location. An attorney can proceed confidently from one venue to another, providing the necessary representation for the client.
In some contexts, the authority to practice in federal court is granted by statute. In other contexts, by specific rule of the court . For example, only a federal prosecutor can try a federal criminal case. Criminal defendants have the right to representation by a lawyer. The Sixth Amendment guarantees that every criminal defendant has the right to legal counsel. The Government cannot prosecute, or sentence without representation.
It is a requirement that federal criminal defendants qualify for representation. If a defendant cannot afford a lawyer, the Federal Public Defender or appointed private attorney will represent the client. A private defense attorney can only get appointed to represent the defendant after being admitted to the court – albeit via the CJA Orientation process. In order to practice in federal court, an attorney must apply to gain admission. The attorney’s application must be supported by sponsors who are already admitted to the court. The attorney must pass a minimum level of competence to gain admission. An attorney who handles federal criminal cases must possess the experience and given the limited number of slots in CJA panel, be deemed competent by the court.
Staying in Good Standing on Your Roll
Once an attorney has been admitted to a federal court, the admission is indefinite provided the attorney continues to be a member in good standing of his or her State Bar. Regardless of the rules of the particular federal court for counsel admitted, all courts require attorneys to remain in good standing with their State bar, and if elected to the membership in any bar association (e.g., American Bar Association, Virginia State Bar, D.C. Bar Association, etc.) maintain that membership so that if the opportunity arises to be admitted to practice in that federal court, the applicant can do so. Most of these courts also require that counsel who have been admitted to representation remain "in good standing" by applying each and every year for membership (whether it be pro hac vice membership, full membership, "local counsel" or lead counsel eligibility) and paying an annual fee as required by the local rules. Depending on the federal court, staying in good standing may also require the submission and approval of an annual pro bono report to ensure that counsel is abiding by their ethical duty to provide legal services to those unable to pay on a pro bono basis.
How Practice in Federal and State Courts Differ
Attorneys should be aware that there are some key differences between the practices of state and federal courts. For example, federal courts allow for more liberal rules of evidence and procedures. Additionally, federal courts have limited jurisdiction and primarily only hear cases involving federal law, or diversity cases involving parties from different states and over $75,000 at issue. Both state and federal courts employ local rules that apply to attorneys trying cases in that particular court. Federal court’s local rules are designed to assist in clarifying the rules of that court . It is important for attorneys to be aware of the local district’s rules when practicing in federal court.
Federal court also operates under the Federal Rules of Civil Procedure, pursuant to 28 U.S.C. § 2072. But just as there are local district rules, different districts also have their own set of procedural rules, sometimes known as "courtesy copies" or "court rules." It is important for attorneys to familiarize themselves with the rules of the courts in which they are representing clients. The Federal Civil Procedure Rules can be found here. Those rules can change at any time, when new legislation is passed by Congress and signed into law.
