UNITED STATES DISTRICT COURT
FOR THE
EASTERN AND WESTERN DISTRICTS OF KENTUCKY
JOINT GENERAL ORDER No. 2023-01
IN RE: AMENDMENTS TO JOINT LOCAL RULES
* * * * *
Pursuant to LR 83.14 and LCrR 57.7 of the Joint Local Rules of the Eastern and Western
Districts of Kentucky, and pursuant to the authority granted by Rule 83 of the Federal Rules of
Civil Procedure and Rule 57 of the Federal Rules of Criminal Procedure, upon recommendation
of the Joint Local Rules Commission, and in the absence of any comments, the Judges of the
Eastern and Western Districts hereby ORDER that the following amendments be made to the
Joint Local Rules:
A. LCrR 57.2(a) - Permission to Practice in a Particular Case - is amended as
follows in order to simplify the rule and procedure consistent with amendments to
the Local Civil Rules (no amendments are made to subsections (b) or (c), nor to
the clarification noted by"*"):
LCrR 57.2 Permission to Practice in a Particular Case*
(a) Procedure. An attorney who has not been admitted to the Bar of the Court may
represent parties before the Court if the attorney has paid the prescribed pro hac vice
admission fee to the Clerk of the Court and been granted leave by the Court to appear pro
hac vice in a particular case. A separate motion for each attorney requesting pro hac vice
admission must include the following information:
(1) Admission Status. The motion must identify each Bar in which the attorney is
a member and include a statement indicating that the attorney requesting
admission is admitted to practice, currently in active status, and in good standing
as an attorney in another United States court or the highest court of any state.
(2) Disciplinary History. The motion must disclose whether the attorney is
currently or has ever been disbarred, suspended from practice, or subject to other
disciplinary action by any court, Bar, or other admitting or licensing authority.
(3) Consent to Jurisdiction. The motion must include a statement indicating that
the attorney consents to be subject to the jurisdiction and rules of the Kentucky
Supreme Court governing professional conduct.
(4) ECF Training. The motion must identify the method of training completed by
the attorney before use of the Court' s electronic filing system.
B. LCrR 53.1 Courtroom Decorum - is amended as follows in order to modernize
the local rule consistent with amendments to the Local Civil Rules:
LCrR 53.1 Courtroom Decorum
(a) Persons Permitted Inside the Bar of the Courtroom. Only those persons authorized by
the Court, or those persons having an official function, are permitted inside the bar of the
courtroom during proceedings held in open court.
(b) Possession and Use of Electronic or Photographic Equipment; Generally. Except as
may be permitted by (c) or (d), no person may operate any visual or audio recording,
broadcasting or transmitting device or equipment in any courtroom. This rule applies
regardless of whether court is actually in session.
(c) Permitted Uses of Electronics. The presiding judge may permit the following:
(1) Use of electronic or photographic means for presenting evidence or perpetuating
the record;
(2) The broadcasting, televising, recording, or photographing of investitive,
ceremonial, or naturalization proceedings;
(3) Use of electronic devices or auxiliary aids to assist individuals who require
accommodation for a disability; or
(4) Any wireless or internet communication device approved by the Court.
The presiding judge retains authority and discretion to disallow use of electronic devices
at any time.
(d) Devices and Equipment in Courthouses. By General Order, the Eastern and Western
Districts may regulate the possession of electronic devices and equipment within each
courthouse, including possession by members of the Bar. Notice of any such General
Order shall be posted in a conspicuous place in all federal court buildings in the District,
and will be available on the Clerk's website.
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(e) Remote Participation. Any person remotely participating in any court proceeding
may not record or cause to be recorded any such proceeding without the express consent
of the presiding judge.
C. LR 83.11 Social Security Cases - is amended as follows in order to modernize
the local rule consistent with the new amendments to the Supplemental Social
Security Rules:
LR 83.11 Social Security Cases.
(a) Service of Social Security Number on Separate Paper than Complaint. Any person
seeking judicial review of a decision of the Commissioner of Social Security under §
205(g) of the Social Security Act, 42 U.S.C. §405(g), shall provide, on a separate sheet of
paper attached to the copies of the complaint served on the Commissioner and the United
States Attorney, the name and social security number of the worker on whose wage
record the application for benefits was filed.
(b) Attorney's Fees Petitions Under Social Security Act. Claimant's counsel may petition
for attorney ' s fees, awardable under§ 206(b) of the Social Security Act, 42 U.S.C. §
406(b), and any other applicable statute permitting an award of attorney's fees in such
cases, within 30 days of a final favorable decision for claimant.
(1) Petition. The attorney ' s fee petition must include an itemization of the
services provided in both the administrative and the judicial proceedings. Claimant's
counsel must serve a copy of the fee petition on the claimant and th~ United States
Attorney.
(2) Responses. The United States Attorney must respond to the attorney' s fee
petition within 30 days of the petition's filing. The government' s response must include a
statement of accrued benefits and must advise the Court whether the government
considers the fee to be reasonable. The government must serve a copy of the response on
the claimant and the petitioning attorney. The claimant may respond to the attorney's fee
petition within 30 days of the petition ' s filing.
The amendments reflected in this Joint General Order shall be incorporated into the
Courts ' Joint Local Rules published on the Courts' respective websites. Copies of this Order
shall be made available to the public on the Courts ' respective websites and made available to
the various publishing companies that publish the Joint Local Rules of the Eastern and Western
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Districts of Kentucky. The amendments noted in this Order shall take effect upon entry of this
Order.
IT IS SO ORDERED:
""""--"=.:>"··· y C. Reeves
Chief Judge, United Sta strict Greg N. Stivers, Chief Judge
Court, Eastern District of Kentucky United States District Court
ENTERED
JAMES J. VILT JR., CLERK
1/4/2023
U.S. DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
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