(a) Compliance with Rule.
Students may participate as attorneys in civil and criminal cases in this court
subject to their compliance with all of the requirements of this rule.
(b) Eligibility.
An eligible student must:
(1) be duly enrolled in a law school accredited or provisionally
accredited by the American Bar Association;
(2) have completed at least three semesters of legal studies;
(3) have knowledge of the Federal Rules of Civil and Criminal
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Procedure, the Federal Rules of Evidence, the Code of Professional
Responsibility, and the local rules of this court;
(4) be supervised by a supervising attorney as defined in subsection (c)
of this rule
(5) be certified by the Dean of the Law School where the student is
enrolled, or the Dean’s designee, as being of good character and
sufficient legal ability and adequately trained to fulfill the
responsibilities of a legal intern to both the client and the court;
(6) be certified by the court to practice pursuant to subsection (d) of
this rule; and
(7) decline personal compensation for his or her legal services from a
client or any other source.
(c) Supervising Attorney.
A supervisor must:
(1) either (i) have faculty or adjunct faculty status at a law school at
which a portion of the supervisor’s duties includes supervision of
students in a clinical program; or (ii) be a member of the bar of this
court for at least two years, who in the determination of the court, is
competent to carry out the role of supervising attorney;
(2) be admitted to practice in this court;
(3) be certified by the court as a student supervisor;
(4) be present with the student at all times in court, and at other
proceedings in which testimony is taken;
(5) co-sign all pleadings or other documents filed with the court;
(6) assume full personal and professional responsibility for a student’s
guidance and any work undertaken and for the quality of the
student’s work, and to be available for consultation with represented
clients;
(7) assist and counsel the student in activities mentioned in subsection
(e) of this rule, and review such activities with the student, to the
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extent required for proper practical training of the student and the
protection of the client; and
(8) supplement oral or written work of the student as necessary to ensure
proper representation of the client.
(d) Certification of Student and Supervisor.
(1) Student. The court’s certification of a student to practice under
this rule shall be filed with the clerk and shall remain in effect for
18 months or until the student graduates from law school, whichever
is earlier. 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) Supervising Attorney. Certification of the supervising attorney
shall be filed with the clerk, and shall remain in effect indefinitely
unless withdrawn by the court, in its discretion, and without any
showing of cause.
(e) Activities.
A certified student may under the personal supervision of his or her
supervisor:
(1) represent any client including federal, state or local governmental
bodies, if the client on whose behalf the certified student is
appearing has consented in writing to that appearance and the
supervising attorney has given written approval of that appearance;
(2) represent a client in any criminal, civil or administrative matter;
however, the court retains the authority to limit a student’s
participation in any individual case;
(3) in connection with matters in this court, engage in other activities on
behalf of the client in all ways that a licensed attorney may, under
the general supervision of the supervising attorney; however, a
student shall make no binding commitments on behalf of a client
absent prior client and supervisor approval, and in any matters,
including depositions, in which testimony is taken the student must
be accompanied by the supervising attorney. Documents or papers
filed by the student shall be read, approved, and co-signed by the
supervising attorney. The court retains the authority to establish
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exceptions to such activities; and
(4) prior to oral participation by a certified student in a hearing or trial,
the supervising attorney shall provide the court with a written
statement of the anticipated scope of the student’s participation.
