(a) General: Whenever it shall appear that a person who has not been lawfully
licensed and admitted to the practice of law in the State of West Virginia has been duly
licensed to be admitted to practice before a court of record of general jurisdiction in any
other state or country or in the District of Columbia, and when that person is in good
standing as a member of the bar of such jurisdiction but has not been admitted to the
bar of the United States District Court for the Northern District of West Virginia or the
United States Bankruptcy Court for the Northern District of West Virginia, he or she may
appear in a particular action, suit, proceeding or other matter in this Court:
(1) upon providing this Court a verified statement of application for pro
hac vice admission listing:
(i) the action, suit, proceeding or other matter that is the subject of
the application;
(ii) the name, address and telephone number of the registration or
disciplinary agency of all state courts, the District of Columbia or of
the country in which the applicant is admitted;
(iii) the name and address of the member of the West Virginia
State Bar who will be the responsible local attorney in the matter;
(iv) all matters before West Virginia tribunals or bodies in which the
applicant is or has been involved in the preceding twenty-four (24)
months;
(v) all matters before West Virginia tribunals or bodies in which any
member of the applicant's firm, partnership, corporation or other
operating entity is or has been involved in the preceding twenty-four
(24) months;
(vi) a representation by the applicant for each state, the District of
Columbia or any other country where the applicant has been
admitted to practice, stating that the applicant is in good standing
with the bar of every such jurisdiction and that he or she has not
been disciplined in any such jurisdiction within the preceding
twenty-four (24) months; and
(vii) an agreement to comply with all laws, rules and regulations of
West Virginia state and local governments, where applicable,
including taxing authorities and any standard for pro bono civil and
criminal indigent legal defense services;
(2) upon payment of a fee established by the Court and paid to the Clerk
of Court for the United States District Court for the Northern District of
West Virginia; and
(3) upon certification that the pro hac vice applicant has paid to the West
Virginia State Bar the initial pro hac vice fee required by Rule 8.0 of the
Rules of Admission for the West Virginia State Bar.
(b) Responsible Local Attorney: The applicant shall be associated with an active
member in good standing of the state bar, having an office for the transaction of
business within the State of West Virginia, who shall be a responsible local attorney in
the action, suit, proceeding or other matter that is the subject of the application. Service
of notices and other papers upon the responsible local attorney shall be binding upon
the client and the applicant. The local attorney shall be required to sign all pleadings
and filings, affix his or her West Virginia State Bar identification number thereto and
attend all hearings, trials or proceedings actually conducted before the judge, tribunal or
other body of the State of West Virginia for which the applicant has sought admission
pro hac vice. The local attorney shall attend the taking of depositions and other actions
that occur in the case that are not actually conducted before the judge, tribunal or other
body of the State of West Virginia unless, upon motion of counsel, the presiding judge
permits local counsel to appear by telephone or other electronic means, and shall
further be a responsible attorney in all other aspects of the case. With prior permission
of the Court, local counsel will not be required to attend routine court hearings or
proceedings. To be a responsible local attorney, the local attorney must maintain an
actual physical office equipped to conduct the practice of law in the State of West
Virginia, which must be the primary office from which the responsible local attorney
practices law on a daily basis. The responsible local attorney shall evidence his or her
agreement to participate in the matter by his or her endorsement upon the verified
statement of application or by written statement attached to the application.
(c) Exceptions to Payment of Visiting Attorney Fee:
(1) Bankruptcy Cases: The visiting attorney fee will apply in every
bankruptcy case in which the reference to the Bankruptcy Court has been
withdrawn and in every appeal of a bankruptcy case to the District Court.
Otherwise, the imposition of a visiting attorney fee in a bankruptcy case will
be governed by the Local Rules for Bankruptcy Court.
(2) Multidistrict Litigation Cases: Pursuant to the Rules of Procedure of
the Judicial Panel on Multidistrict Litigation, a visiting attorney fee will not
be charged in any case filed in this Court pursuant to a transfer under
those Rules.
(3) Miscellaneous Cases: A visiting attorney who files a miscellaneous
case that does not require judicial action (e.g., one filed in order to obtain a
subpoena) is exempt from paying the visiting attorney fee, from associating
with a sponsoring attorney and from filing the statement of visiting attorney.
A visiting attorney who files a miscellaneous case that does require judicial
action (e.g., a motion to compel testimony at a deposition) must comply
with LR Gen P 83.02(a).
(4) Federal Government Attorneys: This section does not apply to
properly licensed attorneys with the United States Department of Justice,
those associated with federal executive branch agencies, and those
appointed from outside the district pursuant to the Criminal Justice Act, 18
U.S.C. §3005A and §3006A.
(5) Law Students: Law students who participate in a case in accordance
with these Rules will not be charged a visiting attorney fee.
