E.D. Cal. L.R. 181

(a) Definitions.

(1) "Certified Student" means a law student who has been certified by

the Clerk pursuant to this Rule.

(2) "Dean" means the Dean or the Dean's specially designated

representative at the law school in which the student is enrolled or from which the student

has graduated.

(3) "Supervising Attorney" means an attorney admitted to the Bar of this

Court who satisfies the requirements of (e).

(4) "Accredited law school" means a law school accredited by the State

Bar of California or the American Bar Association. Upon application and a showing of

good cause therefor, the Chief Judge shall have sole discretion to determine that a

student from a law school not qualifying under the foregoing accreditation requirement

may be a Certified Student under this Rule.

(b) Eligibility for Certification. To engage in the activities permitted under

this Rule, a Certified Student must:

(1) either have successfully completed one year of full-time studies at

an accredited law school or have passed the First Year Law Student's Examination;

(2) be currently enrolled in an accredited law school in good academic

standing, subject to the normal hiatus between quarters or semesters, or have graduated

from an accredited law school but subject to the limitations of (g)(4);

(3) either have successfully completed or be currently enrolled in

academic courses that provide training in both evidence and civil procedure, unless

otherwise specifically ordered by the Chief Judge upon application on good cause shown;

(4) have submitted an Application for Certification to the Clerk; and

(5) have received a Notice of Certification from the Clerk.

(c) Application for Certification. Law students shall apply for certification on

a form to be furnished by and filed with the Clerk accompanied by the prescribed filing

fee. Applications for Certification shall provide for signatures and attestations as follows:

(1) Law students shall attest that:

(A) they have read, are familiar with, and will abide by the Rules

of Professional Conduct of the State Bar of California and these Rules;

(B) they meet all the requirements of (b)(1), (2), and (3), or

anticipate satisfaction of those requirements in the normal course of events; and

(C) they shall immediately notify the Clerk upon failing to meet the

requirements of (b)(1) or upon ceasing to meet the requirements of (b)(2).

(2) Deans shall attest that:

(A) they are the Deans or have been specifically designated by

the Dean to administer the law school's practical training program;

(B) the named law students meet the requirements of (b)(1), (2)

and (3) or satisfaction of those requirements is anticipated in the normal course of events;

and

(C) they have no knowledge of facts or information that might

disqualify the law students from participation in the activities permitted by this Rule.

(3) Supervising Attorneys shall specify the period during which they will

be responsible for and will supervise the law student and shall attest that each

Supervising Attorney:

(A) meets the requirements of (e)(1), and

(B) has read, is familiar with, and will abide by and will assume

full responsibility under the requirements of (e)(2) through (8).

(d) Permitted Activities.

(1) A Certified Student may engage in the activities permitted hereunder

only if the client on whose behalf the student is to act has approved in writing on a Consent

Form available from the Clerk the performance of such acts by such Certified Student.

The term "client" shall mean the individual client, the corporate officer or other similar

individual authorized to act on behalf of a nongovernmental entity, or the government

attorney or other appropriate legal officer authorized to act on behalf of a government

agency, as the case may be.

(2) Except as permitted in (d)(3), a Certified Student may engage in the

following activities on behalf of a nongovernmental client only with the approval and under

the direct and immediate supervision and in the personal presence of the Supervising

Attorney or the Supervising Attorney's designee:

(A) appearing at or taking depositions on behalf of the client; and

(B) appearing on behalf of the client in any trial, hearing, or other

proceeding before any Judge, Magistrate Judge, or special master of the United States

District Court for the Eastern District of California, but only to the extent approved by such

Judge, Magistrate Judge, or special master.

(3) A Certified Student may appear in any action on behalf of a

government agency or on behalf of the Office of the Federal Defender in the prosecution

or defense of misdemeanors, but only subject to approval by the Judge or Magistrate

Judge presiding at the hearing or trial in such action, without the personal appearance of

the Supervising Attorney, but only if the Supervising Attorney or the Supervising

Attorney's designee shall be available by telephone or otherwise to advise the Certified

Student.

(4) A Certified Student may engage in the following acts on behalf of a

government agency as a representative of that agency without the personal appearance

of the Supervising Attorney, but only if the Supervising Attorney or the Supervising

Attorney's designee is available by telephone or otherwise to advise the Certified Student:

(A) appearing at or taking depositions on behalf of the agency;

(B) appearing on behalf of the agency in any noncriminal trial

hearing, or other proceeding, before any Judge, Magistrate Judge, or special master of

the United States District Court for the Eastern District of California, but only to the extent

approved by such Judge, Magistrate Judge, or special master;

(C) appearing in any proceeding in actions brought under Title 42

of the United States Code to review a final decision of the Commissioner of Social

Security;

(D) appearing in any proceeding in actions brought to enforce

Internal Revenue Service summonses filed pursuant to 26 U.S.C. §§ 7402(b) and

7604(a), and/or actions to quash administrative summonses filed pursuant to 26 U.S.C.

§ 7609(b)(2);

(E) appearing in any proceeding in actions to enforce collection

on promissory notes involving federally insured loans and direct federal loans in which

the prayer for relief is less than $25,000;

(F) appearing in any proceeding in actions to enforce cease and

desist orders issued by the National Labor Relations Board;

(G) appearing in any proceeding in actions to enforce civil

penalties assessed under 46 U.S.C. §§ 2302, 4311(d), and/or 12309(c); and

(H) appearing in any proceeding in petitions for writs, or actions

seeking relief under the Federal Civil Rights Act by incarcerated persons acting in propria

persona.

(5) In all instances in which, under these Rules, a Certified Student is

permitted to appear in any trial, hearing, or other proceeding before any Judge, Magistrate

Judge, or special master of the United States District Court for the Eastern District of

California, the Certified Student shall, as a condition to such appearance, cause the filing

of the Consent Form or present the Consent Form for filing to the Judge, Magistrate

Judge, or special master.

(6) Certified Students whose Supervising Attorneys are not

governmental attorneys or attorneys acting full-time on behalf of the Office of the Federal

Defender shall satisfy not only the requirements of this Rule, but also the requirements

imposed by the State Bar of California Rules Governing the Practical Training of Law

Students, as those Rules may be amended from time to time.

(7) Nothing in this Rule shall prevent a student, certified or uncertified,

from performing any advisory or representational activity that a person who is not

admitted to practice before the United States District Court for the Eastern District of

California could lawfully perform.

(e) Supervising Attorney. The Supervising Attorney shall:

(1) be admitted to practice before the United States District Court for the

Eastern District of California;

(2) supervise no more than twelve (12) Certified Students concurrently,

provided, however, that this limitation on supervision may be modified by the Chief Judge

upon application and showing of good cause therefor;

(3) assume personal professional responsibility for any work performed

by the Certified Student while under the attorney's supervision;

(4) assist and counsel with the Certified Student in the activities

permitted under this Rule and review such activities with the Certified Student;

(5) read, approve, and sign any pleadings, briefs or other papers

prepared by the Certified Student before the filing thereof, provided, however, that this

requirement shall not apply to (i) amendments to accusatory pleadings; (ii) papers other

than pleadings and briefs filed by a Certified Student whose Supervising Attorney is a

member of the United States Attorney's Office; (iii) papers other than pleadings and briefs

filed by a Certified Student whose Supervising Attorney is a member of the Federal

Defender's Office; or (iv) pleadings and briefs filed in a Magistrate Judge's Court in a

county other than Sacramento or Fresno by a Certified Student whose Supervising

Attorney is a member of the United States Attorney's Office and whose Supervising

Attorney has approved the pleading or brief after hearing it read over the telephone and

authorizing the filing thereof;

(6) provide the required supervision of the Certified Student for the

activities listed in this Rule;

(7) assign full responsibility for supervision to another designated

attorney qualified to serve as a Supervising Attorney under this Rule in any instance in

which the Supervising Attorney is to be unavailable; and

(8) notify the Clerk promptly in writing whenever the attorney's

supervision of the Certified Student will cease without a written substitution of another

qualified Supervising Attorney being filed.

(f) Use of the Designation "Certified Student." A Certified Student may be

designated as such on pleadings, briefs, letters on the Supervising Attorney's letterhead,

and other documents on which the Certified Student has worked with or under the

supervision and direction of the Supervising Attorney, by placing the Certified Student's

name thereon with the words "Certified Student" immediately thereunder.

(g) Duration of Certification. Certification shall commence with the issuance

by the Clerk of a Notice of Certification and shall remain in effect for the period specified

in the Notice of Certification unless sooner terminated by the earliest of the following

occurrences, absent relief from such termination granted by the Chief Judge:

(1) the Supervising Attorney terminates supervision of the Certified

Student without a written substitution of another qualified Supervising Attorney on a form

provided by and filed with the Clerk;

(2) the Certified Student ceases to be enrolled in an accredited law

school before graduation therefrom, excepting the normal hiatus between quarters or

semesters;

(3) the Dean notifies the Clerk that the Certified Student should be

disqualified from participation in the activities permitted by this Rule;

(4) the Certified Student fails to take or is notified of a failure to pass the

first California General Bar Examination after the Certified Student's graduation from law

school; or

(5) certification is withdrawn by the Chief Judge. Upon the happening

of any of the occurrences listed in (1), (3) or (5), the Clerk shall send Notice of Withdrawal

of Certification to the Certified Student, the Supervising Attorney, and the Dean, which

Notice shall set forth the reasons for the termination of Certified Student status.

(h) Rights Upon Withdrawal of Certification. If certification is withdrawn

under (g)(3) or (5), the termination shall be effective fourteen (14) days from the date on

which the Clerk transmits the Notice of Withdrawal of Certification. Upon receipt of such

Notice, the Certified Student may present a request for a stay of the termination pending

hearing, which the Chief Judge may allow only upon good cause shown. The Certified

Student may contest the termination by a request to the Chief Judge, presented within

fourteen (14) days of the transmission of the Notice of Withdrawal of Certification, for a

hearing to show cause why certification should not be terminated. Hearing on such

request shall be commenced within twenty-one (21) days following receipt of such

request, unless the time for such hearing be extended by the Chief Judge upon a showing

of good cause. The Chief Judge may assign responsibility for the conduct of the

proceedings under this subsection to any Judge.