Law School Discussion

Federal Courts-One and done?

Federal Courts-One and done?
« on: July 07, 2015, 08:09:16 PM »
If you are licensed in your local federal court, can you practice in ANY federal court (in your state if there are more than one in your state, or in theory even in other states too) Or does it work like states, where each is its own thing? I've heard Profs say conflicting things about this, and both seemed to think THEY were right and the other Profs were wrong.

Anyone know the real answers?

Re: Federal Courts-One and done?
« Reply #1 on: July 07, 2015, 08:21:31 PM »
Sad that professors don't know this. You must be admitted to each and every court in which you'd like to appear, unless the rules allow you to file a special motion for a limited or pro hac vice appearance.

Re: Federal Courts-One and done?
« Reply #2 on: July 07, 2015, 09:16:46 PM »
What about places like Gitmo? There isn't a local bar for there is there? I know most are JAG, but I read a lot of cases with civilian lawyer representing people (inmates mostly). What's their license requirements?

Re: Federal Courts-One and done?
« Reply #3 on: July 07, 2015, 09:27:07 PM »
There aren't many places "like" Gitmo. Probably USCADC or something. Google it?

Re: Federal Courts-One and done?
« Reply #4 on: July 07, 2015, 09:30:02 PM »
Google send me to Wikipedia and conspiracy theory sites about Obamas daughter being from mars

Re: Federal Courts-One and done?
« Reply #5 on: July 08, 2015, 06:44:32 AM »
Let me think back to my limited JAG experience here...

Military courts I don't think have formal admissions procedures. So if you're a civilian representing someone being charged I guess you'd just file whatever paperwork they give you. But it's not like being admitted to the 2nd circuit or something.

loki13

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Re: Federal Courts-One and done?
« Reply #6 on: July 08, 2015, 07:07:36 AM »
I'm just going to add that Groundhog is right, and I can't believe that your professors don't know this (well, actually, I can believe that).

First, as a general rule, you need to get admitted to a state bar somewhere. You don't just get admitted to federal practice.

Then, you need to get admitted to *every single federal court* in which you want to practice regularly. So, for example, if your state has four federal court jurisdictions (say, a southern, an eastern , a central, and a northern), then you need to get a separate admission to each of them, as well as a separate admission to the overall COA if you want to practice there. While that sounds intimidating, it isn't.

In practice, many attorneys just get their federal admissions as needed. So, for example, if you are practicing in LA, you get your CalBar, then C.D. Cal. if you need to practice in federal court, then the 9th COA if you need to take an appeal up. If, for some reason, you need to take a case in another state (federal), you get admission to that court- either as a one time thing (pro hac) or on a continuing basis. If you have some cases in N.D. Cal., get your admission there.

Once you have your state admission, federal courts are usually pretty simply to get admitted to; while the standards are different, most involve paying a fee, taking an oath, and/or a short test on the CM/ECF system or the local rules.

 

Re: Federal Courts-One and done?
« Reply #7 on: July 08, 2015, 01:50:40 PM »
Solid posts, I think once you pass a bar you have the ability to be licensed by any Federal Court, but you have to do the paperwork and pay an admission fee.

In California there are four Federal Judicial Districts and I paid the $305 to get the Northern District (which is Bay are) when I passed the Cali Bar, but I just had a case in Fresno Federal Court and as Loki said I had to get admitted by the Eastern District before I could appear in court. My firm gave me $305 and filled out same paperwork and it was done.

Courts may differ slightly throughout the country, but one thing for sure is there will always be an admissions fee!


Re: Federal Courts-One and done?
« Reply #8 on: July 08, 2015, 02:08:00 PM »
I met an attorney a while back who told me that one of the federal courts in LA had a local rule requiring CA bar admission in order to be admitted to the court. I haven't checked into it, so I can't confirm.

I was completely surprised by that. I always thought that admission in any state qualified you for admission to any federal court as long as you filled out the paperwork and paid the fee.

Re: Federal Courts-One and done?
« Reply #9 on: July 08, 2015, 02:10:17 PM »
That is strange. Iif true someone get a hold of Chemerinsky we got a solid Con-Law case on our hands.