(a) Definitions. The following definitions shall apply to this rule:
(1) The term "testimonial proceedings" refers to proceedings that meet all of the
following criteria:
(A) they are evidentiary proceedings in which all testimony is given under oath
and a record is made of the testimony;
(B) the witness or witnesses are subject to cross-examination;
(C) a presiding judge or administrative law judge is present;
(D) the parties to such proceedings are represented by attorneys; and
(E) where a proceeding is held before an administrative agency, the findings and
determinations of the agency are based upon the record and are reviewable for
sufficiency of evidence by a court of record.
Procedures limited to taking the deposition of a witness do not constitute
testimonial proceedings for the purposes of this rule.
(2) The term "qualifying trial" refers to an evidentiary proceeding that meets the
following criteria:
(A) it lasts at least one day;
(B) it is a trial or hearing that involves substantial testimonial proceedings going
to the merits; and
(C) it is held in open court before one of the following: a district judge or magistrate
judge of a United States district court; a judge of a United States bankruptcy court; a
judge of the United States Tax Court; a judge of a trial court of record of a state, the
District of Columbia, or a territory of the United States; or any administrative law
judge.
(3) The term "participation units" shall mean a qualifying trial in which the petitioner
participated as the lead counsel or the assistant to the lead counsel.
(4) The term "observation unit" shall mean a qualifying trial that the petitioner observed while
being supervised by a supervising attorney who consulted with the petitioner about the trial.
At the time of the observation the supervising attorney must either be a member of the trial
bar of this Court or have had previous trial experience equivalent to at least 4 participation
units.
(5) The term "simulation unit" shall mean a trial advocacy program in which the focus is
experiential, as contrasted to lecture, in which the petitioner satisfactorily participated either
as a law school or a continuing legal education course.
(6) The term "training unit of the District Court" shall mean a training seminar officially
sanctioned by the Court (including, for example Pavey hearings on the administrative
exhaustion defense to a prisoner case, or "EAR" hearings for early resolution of prisoner
conditions-of-confinement claims).
(7) The term "qualifying unit of trial experience" shall include any of the following:
participation units, observation units, simulation units, or training units. A petitioner shall
be credited for units of trial experience as follows:
(A) for each participation unit, 2 units where the trial lasted 9 days or less, 3 units
where the trial lasted from 10 to 12 full days, and 4 units where the trial lasted 13 or
more full days;
(B) for each observation unit, 1 unit;
(C) for one allowable simulation unit, 2 units; and
(D) for each training unit of the District Court, 1 unit.
(8) The term "required trial experience" shall mean not less than 4 qualifying units of trial
experience no more than 2 of which may be simulation units.
(b) Qualifications. An applicant for admission to the trial bar of this Court must be a member
in good standing of the general bar of this Court, must be a certified e-filer, must provide
evidence of having the required trial experience, and must be sponsored by one current
member of the trial bar who has known the applicant for at least one year and can attest to
his/her competence. An attorney seeking admission to the trial bar who is not a member of the
bar of this Court may apply for admission to both bars simultaneously. Trial bar membership
must be renewed every three years as set forth in section (i).
(c) Petition Form. The Executive Committee will approve a form of petition to be used by
anyone applying for admission to the trial bar. Copies of the approved form will be provided
on request by the clerk.
(d) Screening the Petition. The Clerk, under the supervision of the Executive Committee,
will screen each petition to assure that it is filed on the correct form, has been completed,
and contains sufficient information to establish that the petitioner meets the qualifications
required for the trial bar. Where these requirements are met, an indication to that effect will
be placed on the petition and the petitioner will be notified that the petition is approved.
Where the requirements are not met, the petition will be returned to the applicant with
appropriate instructions.
(e) Admission Fee. Each petitioner shall pay an admission fee upon the filing of the petition,
subject to refund, should the petitioner not be admitted. The amount of the fee shall be
established by the court. The Clerk shall deposit the fee in the District Court Fund.
(f) Duty to Maintain Contact Information. Every member of the trial bar must maintain
current contact information (street address, telephone number, and e-mail address) with the
Clerk, and must advise the Clerk within 30 days of any change.
(g) Duty to Supervise. Every member of the trial bar shall be available to be assigned by
the court to supervise attorneys who are in the process of obtaining observation units
needed to qualify for membership in the trial bar. Such assignments shall be made in a
manner so as to allocate the responsibility imposed by this rule equally among all
members of the trial bar.
(h) Duty to Accept Assignments. Each member of the trial bar shall be available for
assignment by the court to represent or assist in the representation of those who cannot afford
counsel.
(i) Renewal. Membership in the trial bar must be renewed every three years. An applicant for
renewal must complete a Trial Bar Membership Renewal Form. The renewal fee shall be one-
half of the current fee for admission to the trial bar. An attorney who does not renew his/her
membership within one month of the expiration of the three-year anniversary date of admission
to the trial bar will be deemed to have withdrawn.
(j) Withdrawal from Trial Bar. A member of the trial bar may, on motion for good cause
shown, voluntarily withdraw from said bar. Such motion shall be filed with the Clerk for
presentation to the Executive Committee. Where the motion to withdraw is made by a member
of the current pro bono assignment list (LR83.35(b), the name of the attorney will be removed
from the pro bono assignment list if the motion is granted.
(k) Reinstatement. Any attorney who has withdrawn from membership in the trial bar pursuant
to section (j) but wishes to be reinstated must file a new petition for admission to the trial bar
and pay the full current trial bar fee. Where the attorney was a member of a pro bono assignment
list at the time the petition to withdraw was filed, the petition for trial bar admission shall include
a statement indicating the attorney’s present willingness and ability to accept an assignment
under LR83.35 through LR83.41. If the committee grants the motion in such an instance, it shall
direct that the attorney be included on the pro bono assignment list and remain there for one year
or until the attorney is assigned, whichever comes first.
Amended November 2, 2010, May 27, 2015, June 29, 2015,
December 23, 2016, March 29, 2018, and June 27, 2024
