(a) Purpose. The following Student Practice Rule is designed to encourage
law schools to provide clinical instruction in litigation of varying kinds, and thereby
enhance the training of lawyers in federal practice in this District.
(b) Student Requirements. An eligible student must:
(1) Be duly enrolled in an American Bar Association (ABA) accredited
law school;
(2) Have successfully completed at least three (3) semesters of legal
studies, or the equivalent;
(3) Have knowledge of the Federal Rules of Civil and Criminal
Procedure, Evidence, the Code of Professional Responsibility, and the Local Rules of
Practice and Procedure of this Court;
(4) Be enrolled for credit in a law school clinical program at an ABA
accredited law school which has been certified by the Court;
(5) Be certified by the Dean of the Law School, or the Dean's designee,
as being of good character and sufficient legal ability, and as being adequately trained, in
accordance with subparagraphs 1-4 above, to fulfill the responsibilities as a legal intern to
both client and the Court; and
(6) Not accept personal compensation for legal services from a client or
other source.
(c) Program Requirements. The program:
(1) Must be a law school clinical practice program for credit in which a
law school student obtains academic and practice advocacy training, utilizing law school
faculty or adjunct faculty for practice supervision, including experienced federal
government attorneys or private practitioners;
(2) Must be certified by the Court;
(3) Must be conducted in such a manner as not to conflict with normal
Court schedules;
(4) May accept compensation other than from a client, such as Criminal
Justice Act (CJA) payments; and
(5) Must be a program which is either (A) subject to the provisions of
Ariz. Rev. Stat. § 41-621 on insurance or self-insurance by the State of Arizona, or (B)
has other malpractice coverage satisfactory to the Court.
(d) Supervisor Requirements. A supervising attorney must:
(1) Be a member of the State Bar of Arizona whose service as a
supervising lawyer is approved by the dean of that law school in which the student is
enrolled.
(2) Be admitted to practice in the Court in which the student is certified;
(3) Be present with the student at all times in Court, and at other
proceedings in which testimony is taken, except as permitted in subparagraph (f)(4) of
this Local Rule;
(4) Co-sign all pleadings or other documents filed with the Court;
(5) Supervise concurrently no more than ten (10) students carrying
clinical practice as their entire academic program, with a proportionate increase in the
number of students as their percentage of time devoted to clinical practice may be less;
(6) Assume full personal professional responsibility for student's
guidance in any work undertaken and for the quality of a student's work, and be available
for consultation with represented clients;
(7) Assist and counsel the student in activities mentioned in this Local
Rule, and review such activities with the student, all to the extent required for the proper
practical training of the student, and the protection of the client; and
(8) Be responsible to supplement oral or written work of the student as
necessary to ensure proper representation of the client.
(e) Certification of Student, Program, and Supervisor.
(1) Students.
(A) Certification by the Law School Dean shall be filed with the
Clerk of the Court and, unless it is sooner withdrawn, shall remain in effect until
expiration of eighteen (18) months.
(B) Certification to appear generally, or in a particular case, may
be withdrawn by the Court at any time, in the discretion of the Court, and without any
showing of cause.
(2) Program.
(A) Certification of a program by the Court shall be filed with the
Clerk of the Court and shall remain in effect indefinitely unless withdrawn by the Court.
(B) Certification of a program may be withdrawn by the Court at
the end of any academic year without cause, or at any time, provided notice stating the
cause for such withdrawal is furnished to the Law School Dean and supervisor.
(3) Supervisor.
(A) Certification of a supervisor must be filed with the Clerk of
the Court, and shall remain in effect indefinitely unless withdrawn by the Court.
(B) Certification of a program may be withdrawn by the Court at
the end of any academic year without cause, or at any time upon notice and a showing of
cause.
(C) Certification of a supervisor may be withdrawn by the dean
by mailing of notice to that effect to the Clerk of the Court.
(f) Permitted Student Activities. A certified student may, under the personal
supervision of the student’s supervisor:
(1) Represent any client including federal, state, or local government
bodies and engage in the activities permitted hereunder only if the client has approved in
writing such representation. In the case of criminal matters, the consent necessary for a
certified student to appear on behalf of the federal government or an agency thereof may
be executed by the United States Attorney or authorized representative.
(2) Except as permitted in subparagraph (f)(4) of this Local Rule, a
certified student may engage in the following activities on behalf of the office of the
Federal Public Defender or private counsel in the defense of felonies only with the
approval and under the direct and immediate supervision and in the personal presence of
the supervising attorney or such attorney's designee:
(A) appearing at or taking depositions on behalf of the client, and
(B) appearing on behalf of the client in any trial, hearing, or other
proceeding, before any District Judge or Magistrate Judge of the United States District
Court for the District of Arizona, but only to the extent approved by such District Judge
or Magistrate Judge;
(3) Engage in connection with matters of this Court, in other activities
on behalf of a client in all ways that a licensed attorney may under the general
supervision of the supervising lawyers; however, a student may make no binding
commitments on behalf of a client absent prior client and supervisor approval;
(4) Engage in the following acts on behalf of a government agency as a
representative of that agency without the personal appearance of the supervising attorney,
but only if the supervising attorney or such attorney's designee is available by telephone
or otherwise to advise the certified student.
(A) Appear in any action on behalf of a government agency or on
behalf of the office of the Federal Public Defender or private counsel in the prosecution
or defense of misdemeanors, but only subject to approval by the District Judge or
Magistrate Judge presiding at hearing or trial in such action and upon written consent of
the client. Documents or papers filed with the Court must be signed and read, approved,
and co-signed by the supervising lawyer. The Court retains the authority to establish
exceptions to such activities.
(B) Appear in any proceeding in actions brought solely under 42
U.S.C. § 405(g) and § 1395ff to review a final decision of the Secretary of Health and
Human Services;
(C) Appear in any proceeding in actions to enforce collection on
promissory notes involving federally insured loans and direct federal loans in which the
prayer for relief is less than $25,000.
(5) In all instances in which, under these Local Rules, a certified student
is permitted to appear in any trial, hearing, or other proceeding before any District Judge
or Magistrate Judge of the United States District Court for the District of Arizona, the
certified student shall, as a condition to such appearance, cause the filing of written
consent or present such written consent for filing to the District Judge or Magistrate
Judge.
(6) Certified students whose supervising attorneys are not government
attorneys or attorneys acting full time on behalf of the office of the Federal Public
Defender shall satisfy not only the requirements of this Local Rule, but also the
requirements imposed by the State Bar of Arizona rules governing the practical training
of law students, as those rules may be amended from time to time.
