1st Cir. R. 46.0

(a) Admission.

(1) Admission Fee. Upon being admitted to practice, an attorney other than government

counsel, and court-appointed counsel, must pay a local admission fee of $50.00 to the

clerk. The clerk must maintain the proceeds as a court’s discretionary fund for the

reimbursement of ex penses of noncompensable court-appointed counsel and such other

purposes as the court may order. This fee is in addition to the national admission fee

imposed by the Court of Appeals Miscellaneous Fee Schedule, promulgated under 28 U. S.

C. § 1913. Absent a waiver, the admission fee must be paid electronically using the court's

Case Management/Electronic Case Files ("CM/ECF") system. Attorneys may be admitted

in open court on motion or otherwise as the court shall determine.

(2) Admission as a Prerequisite to Practice. In order to file motions, pleadings or briefs on

behalf of a party or participate in oral argument, attorneys must be admitted to the bar of

this court and file an appearance form. The appearance of a member of the bar of any

court designated in Fed. R. App. P. 46(a) will be entered subject to filing an application

and subsequent admission to practice in this court. Forms for admission and e ntry of

appearance will be provided by the clerk.

(3) Parties. A party desiring to appear without counsel shall notify the clerk in writing by

completing and filing an entry of appearance on a form approved by the court.

(b) Temporary Suspension of Attorneys. When it is shown to the Court of Appeals that any

member of its bar has been suspended or disbarred from practice by a final decision issued

by any other court of record, or has been found guilty of conduct unbecoming of a member of

the bar of this court, the member may be temporarily suspended from representing parties

before this court pending the completion of proceedings initiated under Fed. R. App. P. 46

and the Rules of Attorney Disciplinary Enforcement for the Court of Appeals for the First

Circuit.

(c) Disciplinary Rules. The Rules of Attorney Disciplinary Enforcement for the Court of Appeals

for the First Circuit are on file in the clerk’s office. A copy may be obtained upon request

addressed to the clerk of this court.

(d) Library Access. The law library of this court shall be open to members of the Bar, to the

United States Attorney of the Circuit and their assistants, to other law officers of the

government, and persons having a case in this court, but books may be removed only by

government employees, who shall sign therefor.

(e) Staff Attorneys and Law Clerks. No one serving as a staff attorney to the court or as a law

clerk to a member of this court or employed in any such capacity by this court shall engage

in the practice of law while continuing in such position. Nor shall a staff attorney or law clerk

after separating from that position practice as an attorney in connection with any case

pending in this court during the term of service, or appear at the counsel table or on brief in

connection with any case heard during a period of one year following separation from service

with the court.

(f) Standing Rule Governing Appearance and Argument by Eligible Law Students

(1) Scope of Legal Assistance.

(A) An eligible law student with the written consent of an indigent and the indigent’s

attorney of record may appear in this court on behalf of that indigent in any case. The

attorney of record, for purposes of this paragraph, must be a member of the bar of

this court and either appointed as counsel on appeal for the indigent or represent the

indigent on a pro bono basis. The written consent must be filed with the clerk.

An eligible law student may also appear in this court on behalf of the United States or

a State, or agency thereof, provided that the governmental entity on whose behalf the

student appears has consented thereto in writing, and that the attorney of record has

also indicated in writing approval of that appearance. The attorney of record must be

a member of the bar of this court, and the written consent must be filed with the clerk.

(B) An eligible law student may assist in the preparation of briefs and other documents to

be filed in this court, but such briefs or documents must be signed by the attorney of

record. Names of students participating in the preparation of briefs may, however, be

added to the briefs. The law student may also participate in oral argument with leave

of the court, but only in the presence of the attorney of record. The attorney of record

must assume personal professional responsibility for the law student’s work and for

supervising the quality of the law student’s work. The attorney of record sh ould be

familiar with the case and prepared to supplement or correct any written or oral

statements made by the student.

(2) Student Eligibility Requirements. In order to appear, the student must:

(A) Be enrolled in a law school approved by the American Bar Association, or be a recent

graduate of such a school, awaiting the first bar examination after the student’s

graduation or the result of that examination;

(B) Have completed legal studies amounting to at least four (4) semesters, or the

equivalent if the school is on some basis other than a semester basis;

(C) Be taking, or have taken, a course in appellate advocacy or a course in a supervised

clinical program for academic credit;

(D) Be certified by the dean of the student's law school as qualified to provide the legal

representation permitted by this rule. This certification, which shall be filed with the

clerk, may be withdrawn by the dean at any time by mailing a notice to the clerk or

by termination by this court without notice or hearing and without any showing of

cause;

(E) Neither ask for nor receive any compensation or remuneration of any kind for the

student’s services from the person on whose behalf the student renders services, but

this shall not prevent an attorney, legal aid bureau, law school, public defender

agency, a State, or the United States from paying compensation to the eligible law

student;

(F) Certify in writing that the student has read and is familiar with the Code of

Professional Responsibility of the American Bar Association, the Federal Rules of

Appellate Procedure, and the rules of this court.

(3) Standards of Supervision. The supervising attorney of record must:

(A) File with this court the attorney’s written consent to supervise the student;

(B) Assume personal professional responsibility for the student’s work;

(C) Assist the student to the extent necessary;

(D) Appear with the student in all proceedings before this court and be prepared to

supplement any written or oral statement made by the student to this court or opposing

counsel.

(4) Forms Required by Rule.

(A) Form to be completed by the party for whom the law student is rendering services:

I authorize, a [law student] or [recent law school graduate

awaiting the first bar examination after the student’s graduation or the results of

that examination], to appear in court or at other proceedings on my behalf, and to

prepare documents on my behalf.

(Date) (Signature of Client)

(If more than one client is involved, approvals from each shall be attached. If

services are rendered for the United States or agency thereof, the form should be

completed by the United States Attorney or authorized representative. If services

are rendered for a State or agency thereof, the form should be completed by the

State Attorney General or authorized representative.)

(B) Form to be completed by the law student’s supervising attorney:

I certify that this student [has completed at least 4 semesters of law school work] or

[is a recent law school graduate awaiting the first bar examination or the results of

that examination], and is, to the best of my knowledge, of good character and

competent legal ability. I will carefully supervise all of this student’s work. I

authorize this student to appear in court or at other proceedings, and to prepare

documents. I will accompany the student at such appearances, sign all documents

prepared by the student, assume personal responsibility for the student’s work, and

be prepared to supplement, if necessary, any statements made by the student to the

court or to opposing counsel.

(Name of Student) (Signature of Supervising Attorney)

(Address & Phone of Above) (Address & Phone of Above)

Name of Law School

(C) Form to be completed by law student:

I certify that I [have completed at least 4 semesters of law school work] or [am a

recent law school graduate awaiting the first bar examination or the results of that

examination]; that I am taking, or have taken, a course in appellate advocacy or a

course in a supervised clinical program for academic credit; that I am familiar and

will comply with the Code of Professional Responsibility of the American Bar

Association, the Federal Rules of Appellate Procedure, and the Rules of this Court;

and that I am receiving no compensation from the party on whose behalf I am

rendering services (not including any compensation from an attorney, legal aid

bureau, law school, public defender agency, a State, or the United States).

(Date) (Signature of Student)

(D) Form to be completed by Dean:

I certify that this student [has completed at least 4 semesters of law school work] or

[is a recent law school graduate awaiting the first bar examination or the results of

that examination]; is taking, or has taken, a course in appellate advocacy or a

course in a supervised clinical program for academic credit; and is qualified to

fulfill the responsibilities required by First Circuit Rule 46.0(f).

(Name of Student) (Signature of Dean)

(Address & Phone of Above)

Name of Law School

(5) Exceptions. The court retains authority to establish exceptions to these requirements

in any individual case.