PART II. ATTORNEYS AND COUNSELORS


PART II. ATTORNEYS AND COUNSELORS


 
 Rule 5. Admission to the Bar 

 1. To qualify for admission to the Bar of this Court, an 
 applicant must have been admitted to practice in the highest 
 court of a State, Commonwealth, Territory or Possession, or 
 the District of Columbia for a period of at least three years 
 immediately before the date of application; must not have 
 been the subject of any adverse disciplinary action pro- 
 nounced or in effect during that 3-year period; and must ap- 
 pear to the Court to be of good moral and professional 
 character. 

 2. Each applicant shall file with the Clerk (1) a certificate 
 from the presiding judge, clerk, or other authorized official 
 of that court evidencing the applicant's admission to practice 
 there and the applicant's current good standing, and (2) a 
 completely executed copy of the form approved by this Court 
 and furnished by the Clerk containing (a) the applicant's per- 
 sonal statement, and (b) the statement of two sponsors en- 
 dorsing the correctness of the applicant's statement, stating 
 that the applicant possesses all the qualifications required 
 for admission, and affirming that the applicant is of good 
 moral and professional character. Both sponsors must be 
 members of the Bar of this Court who personally know, but 
 are not related to, the applicant. 

 3. If the documents submitted demonstrate that the appli- 
 cant possesses the necessary qualifications, and if the appli- 
 cant has signed the oath or affirmation and paid the required 
 fee, the Clerk will notify the applicant of acceptance by the 
 Court as a member of the Bar and issue a certificate of ad- 
 mission. An applicant who so wishes may be admitted in 
 open court on oral motion by a member of the Bar of this 
 Court, provided that all other requirements for admission 
 have been satisfied. 

 4. Each applicant shall sign the following oath or affirma- 
 tion: I, ..............., do solemnly swear (or affirm) that as an 
 attorney and as a counselor of this Court, I will conduct my- 
 self uprightly and according to law, and that I will support 
 the Constitution of the United States. 

 5. The fee for admission to the Bar and a certificate bear- 
 ing the seal of the Court is $100, payable to the United States 
 Supreme Court. The Marshal will deposit such fees in a 
 separate fund to be disbursed by the Marshal at the direction 
 of the Chief Justice for the costs of admissions, for the benefit 
 of the Court and its Bar, and for related purposes. 

 6. The fee for a duplicate certificate of admission to the 
 Bar bearing the seal of the Court is $15, and the fee for a 
 certificate of good standing is $10, payable to the United 
 States Supreme Court. The proceeds will be maintained by 
 the Marshal as provided in paragraph 5 of this Rule. 
 
 Rule 6. Argument Pro Hac Vice 

 1. An attorney not admitted to practice in the highest 
 court of a State, Commonwealth, Territory or Possession, or 
 the District of Columbia for the requisite three years, but 
 otherwise eligible for admission to practice in this Court 
 under Rule 5.1, may be permitted to argue pro hac vice. 

 2. An attorney qualified to practice in the courts of a for- 
 eign state may be permitted to argue pro hac vice. 

 3. Oral argument pro hac vice is allowed only on motion 
 of the counsel of record for the party on whose behalf leave 
 is requested. The motion shall state concisely the qualifica- 
 tions of the attorney who is to argue pro hac vice. It shall 
 be filed with the Clerk, in the form required by Rule 21, no 
 later than the date on which the respondent's or appellee's 
 brief on the merits is due to be filed, and it shall be accompa- 
 nied by proof of service as required by Rule 29. 
 
 Rule 7. Prohibition Against Practice 

 No employee of this Court shall practice as an attorney or 
 counselor in any court or before any agency of government 
 while employed by the Court; nor shall any person after 
 leaving such employment participate in any professional ca- 
 pacity in any case pending before this Court or in any case 
 being considered for filing in this Court, until two years have 
 elapsed after separation; nor shall a former employee ever 
 participate in any professional capacity in any case that was 
 pending in this Court during the employee's tenure. 
 
 Rule 8. Disbarment and Disciplinary Action 

 1. Whenever a member of the Bar of this Court has been 
 disbarred or suspended from practice in any court of record, 
 or has engaged in conduct unbecoming a member of the Bar 
 of this Court, the Court will enter an order suspending that 
 member from practice before this Court and affording the 
 member an opportunity to show cause, within 40 days, why 
 a disbarment order should not be entered. Upon response, 
 or if no response is timely filed, the Court will enter an ap- 
 propriate order. 

 2. After reasonable notice and an opportunity to show 
 cause why disciplinary action should not be taken, and after 
 a hearing if material facts are in dispute, the Court may take 
 any appropriate disciplinary action against any attorney who 
 is admitted to practice before it for conduct unbecoming a 
 member of the Bar or for failure to comply with these Rules 
 or any Rule or order of the Court.
 
 Rule 9. Appearance of Counsel 

 1. An attorney seeking to file a document in this Court in 
 a representative capacity must first be admitted to practice 
 before this Court as provided in Rule 5, except that admis- 
 sion to the Bar of this Court is not required for an attorney 
 appointed under the Criminal Justice Act of 1964, see 18 
 U. S. C. § 3006A(d)(6), or under any other applicable federal 
 statute. The attorney whose name, address, and telephone 
 number appear on the cover of a document presented for 
 filing is considered counsel of record, and a separate notice 
 of appearance need not be filed. If the name of more than 
 one attorney is shown on the cover of the document, the at- 
 torney who is counsel of record shall be clearly identified. 

 2. An attorney representing a party who will not be filing 
 a document shall enter a separate notice of appearance as 
 counsel of record indicating the name of the party repre- 
 sented. A separate notice of appearance shall also be en- 
 tered whenever an attorney is substituted as counsel of rec- 
 ord in a particular case. 

 

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