Ninth Circuit Rules
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Ninth Circuit Rules |
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FRAP 46
ATTORNEYS
(a) Admission to the Bar.
(1) Eligibility. An attorney is eligible for admission to the bar of a court of appeals if that attorney is of good moral and professional character and is admitted to practice before the Supreme Court of the United States, the highest court of a state, another United States court of appeals, or a United States district court (including the district courts for Guam, the Northern Mariana Islands, and the Virgin Islands).
(2) Application. An applicant must file an application for admission, on a form approved by the court that contains the applicant's personal statement showing eligibility for membership. The applicant must subscribe to the following oath or affirmation:
"I, _____, do solemnly swear [or affirm] that I will conduct myself as an attorney and counselor of this court, uprightly and according to law; and that I will support the Constitution of the United States."
(3) Admission Procedures. On written or oral motion of a member of the court's bar, the court will act on the application. An applicant may be admitted by oral motion in open court. But, unless the court orders otherwise, an applicant need not appear before the court to be admitted. Upon admission, an applicant must pay the clerk the fee prescribed by local rule or court order.
(b) Suspension or Disbarment.
(1) Standard. A member of the court's bar is subject to suspension or disbarment by the court if the member:
(A) has been suspended or disbarred from practice in any other court; or
(B) is guilty of conduct unbecoming a member of the court's bar.
(2) Procedure. The member must be given an opportunity to show good cause, within the time prescribed by the court, why the member should not be suspended or disbarred.
(3) Order. The court must enter an appropriate order after the member responds and a hearing is held, if requested, or after the time prescribed for a response expires, if no response is made.
(c) Discipline. A court of appeals may discipline an attorney who practices before it for conduct unbecoming a member of the bar or for failure to comply with any court rule. First, however, the court must afford the attorney reasonable notice, an opportunity to show cause to the contrary, and, if requested, a hearing.
CIRCUIT ADVISORY COMMITTEE NOTE REGARDING SANCTIONS
Under existing authority, the Court may impose monetary sanctions as follows:
(1) Against a party, its counsel, or both, under FRAP 38, where the Court determines that "an appeal is frivolous, it may award just damages and single or double costs to the appellee."
(2) Against a party, its counsel, or both under 28 U.S.C. Section 1912, "[w]here a judgment is affirmed by . . . a court of appeals, the court in its discretion may adjudge to the prevailing party just damages for his delay, and single or double costs."
(3) Under 28 U.S.C. Section 1927, where counsel "so multiplies the proceedings in any case unreasonably or vexatiously" counsel "may be required by the court to satisfy personally the excess costs, expenses and attorneys' fees reasonably incurred because of such conduct."
(4) Under Circuit Rules 17-3 and 30-2, against counsel who "vexatiously and unreasonably increases the cost of litigation by inclusion of unnecessary material in the excerpts of record."
(5) Under Circuit Rule 42-1, against counsel for "failure to prosecute an appeal to hearing as required" by FRAP and the Circuit Rules.
(6) Against counsel for failure to comply with the requirements of FRAP 28 and Circuit Rules 28-1 through 28-3, dealing with the form and content of briefs on appeal. See e.g., Mitchel v. General Electric Co., 689 F.2d 877 (9th Cir. 1982).
(7) Under FRAP 46(c), against counsel for failure to comply with the Federal Rules of Appellate Procedure or any Circuit Rule.
(8) Against counsel for conduct which violates the orders or other instructions of the Court.
(9) Under the inherent powers of the Court. See e.g., Chambers v. Nasco, Inc., 501 U.S. 32, 45-50 (1991);Roadway Express Inc. v. Piper, 447 U. S. 752, 764-67 (1980); and Golden Eagle v. Burroughs Corp., 809 F.2d 584 (9th Cir. 1987).
ATTORNEYS
46-1.1 Forms for Written Motions
Written motions for admission to the bar of the court shall be on the form approved by the Court and furnished by the Clerk. (rev. 7/93)
46-1.2 Time for Application
Any attorney who causes a case to be docketed in this Court or who enters an appearance in this Court, and who is not already admitted to the Bar of the Court, shall simultaneously apply for admission. (rev. 7/93)
DUTY OF COUNSEL TO PROSECUTE APPEAL DILIGENTLY
Abrogated 7/95
CHANGE OF ADDRESS
Changes in the address of counsel and pro se litigants must be reported to the Clerk of this Court immediately and in writing.
PARTICIPATION OF LAW STUDENTS
An eligible law student acting under the supervision of a member of the bar of this Court may appear on behalf of any client in a case before this Court with the written consent of the client if the Requirements for Student Practice before this Court are met. The Requirements for Student Practice are available from the Clerk of Court.
RESTRICTIONS ON PRACTICE BY FORMER COURT EMPLOYEES
No former employee of the court shall participate or assist, by way of representation, consultation, or otherwise, in any case that was pending in the Court during the employee's period of employment. It shall be the responsibility of any former employee, as well as the persons employing or associating with a former employee in the practice of law before this Court, to ensure compliance with this rule.
If it is shown that this rule would cause a substantial hardship with reference to a particular case, an attorney who is a former employee may apply to the Court for an exemption. The application must demonstrate that there has been a strict compliance with the rule with reference to the particular case and in all other matters, that the attorney had no direct or indirect involvement with the case during employment with the Court, and that the attorney was not employed or assigned in the chambers of any judge who participated in the case.