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![handle is hein.congcourts/atabbef0001 and id is 1 raw text is: Analysis of Table Depicting Eligibility Requirements For, and
Restrictions on, Practice Before the Federal District Courts
Introduction
How many federal district courts require lawyers practicing before them to be members of
the bar of the state in which the federal court sits? Although appearing as a simple and
straightforward inquiry at first glance, a comprehensive response entails consideration of a
number of factors that quickly complicate the issue. Does the attorney want permission to make
unlimited appearances before a federal district court representing any matter? Or does the
attorney only want permission to appear for one particular case? Is the attorney a member in
good standing of the bar of the state in which the district court is located or any other state or
federal court? Does the attorney reside in, or is he or she regularly employed in, or regularly
engaged in professional activities within the state or within the district in which permission to
appear is sought? Is the attorney employed or retained by a state or federal government or its
agencies to represent them in a matter brought before the district court in question? Depending
upon which federal district court permission to practice before is sought, some or all of the above
considerations may come into play in determining whether bar membership in the state in which
the federal court sits is necessary.
All ninety-four federal district courts specify in their local court rules who is eligible to
practice before the court and any restrictions on this practice. While these rules vary considerably
among the districts, a common framework permits analysis and meaningful comparisons. First,
all federal district courts limit general permission to practice in all actions to members of the Bar
of its court. Each district court specifies requirements for eligibility to apply for general
admission to its Bar, which may or may not include bar membership in the state in which the
district court is located. Second, most districts have provisions allowing an attorney who is not a
member of that district's bar to make special appearances before the court. The two most
commonly provided are for pro bac vice appearances (permission to appear and participate in a
particular case), and for appearances by an attorney employed or retained by the United States or
one of its agencies to represent the United States or any agency thereof in a matter before the
court. Not all districts make these provisions, and some districts have others. Further, almost all
districts making these provisions also specify who is eligible to take advantage of them and what
types of restrictions on practice before the court must be adhered to.
The attached table displays the current rule in each federal district court.1 It is patterned
after the framework outlined above, with separate columns for bar membership, pro hac vice
appearances, appearances on behalf of the United States, and a final column for other special
appearances that do not require bar membership. In considering these categories in more detail,
please note that the information in the table regarding eligibility for, and restrictions on, practice
before the federal district courts has been obtained solely from the districts' published local rules.
Thus, it does not account for the possibility that a district may have actual practices or procedures
that differ from, or supplement, the relevant local rule.
IMarie Cordisco, Eligibility Requirement For, and Restrictions On, Practice Before the Federal
District Courts (Federal Judicial Center November 1995) [hereinafter Practice Table].](ViewImageLocal?handle=hein.congcourts/atabbef0001&div=1&collection=&method=preview&ext=.png&size=3)