§2.2 Federal Admission to Practice

• Jurisdiction: Washington

II. FEDERAL ADMISSION TO PRACTICE

At present, there is no unified set of rules for admission to practice before the federal courts. Each of the federal courts controls its own admission process. Thus, one must be separately admitted to practice before each of the federal district courts, before each of the federal circuit courts of appeal, and before the U.S. Supreme Court. Ordinarily, this is a relatively simple matter.²²⁹

Persons wishing to practice generally before the U.S. District Court for the Western District of Washington must show that they are admitted to practice in Washington state or an employee of the United States admitted in some state, and they must have "certificates from two reputable persons who are either members of the bar of this court or known to the court, stating how long and under what circumstances they have known the petitioner and what they know of the petitioner's character."²³⁰ Persons who wish to practice generally before the U.S. District Court for the Eastern District of Washington are similarly eligible to be admitted to its bar if they are members in good standing of the WSBA or, if they are federal employees and have occasion to appear on behalf of the United States, if they are admitted to any bar. Applicants must file an application supplying basic information about the lawyer's state admissions, education, and any prior discipline and obtain certificates from two members of that bar who are acquainted with the applicant and will attest to the applicant's reputation and character. If the court finds the applicant is of "good moral character and professional standing," he or she will be admitted upon taking an oath and paying the required fee.²³¹

Applicants for a single case, pro hac vice, must simply show that they are admitted to practice in any state and do not reside or maintain an office for the practice of law in the district or (in the case of the Eastern District) in Washington state and that they have a particular need to be admitted for the case.²³² Attorneys admitted pro hac vice must associate with local counsel, who must sign pleadings. "‘Attorneys admitted pro hac vice are held to the same professional responsibilities and ethical standards as regular counsel. Once admitted, pro hac vice counsel cannot be disqualified under standards and procedures any different or more stringent than those imposed upon regular members of the district court bar.'"²³³

Attorneys are eligible for admission to the bar of the federal courts of appeals if they are admitted to practice before the Supreme Court of the United States, the highest court of any state, another federal court of appeals, or a federal district court, and they are "of good moral and professional character."²³⁴ The U.S. Court of Appeals for the Ninth Circuit provides further that attorneys will be admitted upon written or oral motion of a member of the bar of the Ninth Circuit.²³⁵

When federal court admission to practice rules have conflicted with state rules, the federal courts have been quick to recognize federal preemption. In In re Poole, a lawyer admitted in Illinois had been admitted to practice before the federal bankruptcy court in Arizona at a time when he was not required to be a member of the Arizona bar.²³⁶ A trustee in bankruptcy opposed the lawyer's ability to receive fees in a bankruptcy proceeding on the ground that he was not a "lawyer" entitled to receive such fees. But the bankruptcy judge rejected the contention on preemption grounds, and the Ninth Circuit affirmed. Relying on the Poole opinion, the Sixth Circuit held that a Texas lawyer was entitled to...