6 Cir. R. 46

Practice

(a) Admission of Attorneys.

(1) Prerequisite to Practice.

(A) Generally. Except as provided in 6 Cir. R. 46(a)(1)(B), (C), and (D), an

attorney must be admitted to the bar of this court and must file appearance

Form 6CA-68 to file documents or participate in oral argument.

(B) Government Attorneys. An attorney representing the United States or its

officer or agency may participate in the case without being admitted to the

bar of this court.

(C) Attorneys employed by the Federal Public Defenders Office may participate

in the case without being admitted to the bar of this court.

(D) Attorneys for Amici Curiae. An attorney for an amicus curiae may

participate in the case without being admitted to the bar of this court.

(2) Admission Fee. Applicants for admission to the bar of this court must pay a fee.

The amount is listed on the court's web site. No admission fee is required from:

• attorneys appointed by this court to represent a party in forma

pauperis;

• attorneys employed by a federal public defender organization

created under 18 U.S.C. § 3006A(g)(2)(A); and

• attorneys presently employed by a United States court.

(3) Application Procedures. Admissions are made on the motion of a member of the

bar of this court. Application for admission is made by filing the form prescribed

by the clerk. The form is available on the court's web site.

(4) Failure to Secure Admission or File Notice of Appearance. If counsel for the

appellant fails to secure admission and file a notice of appearance within the time

the clerk specifies, the court may dismiss the appeal.

(b) Code of Conduct. An attorney admitted to practice in this court is subject to the rules of

professional conduct or other equivalent rules of the state where the attorney's principal

office is located.

(c) Attorney Discipline.

(1) Conduct Subject to Discipline. This court may impose discipline on a member

who:

(A) engages in conduct violating the Canons of Ethics or the Model Rules of

Professional Conduct, whichever applies;

(B) fails to comply with the rules or orders of this court; or

(C) has been disciplined by a state or other court.

(2) Records Sealed. All records pertaining to disciplinary proceedings before the

court must be filed under seal, unless the chief judge orders otherwise.

(3) Scope of Discipline. Discipline may include disbarment, suspension, reprimand,

or other appropriate action. This rule does not limit the court's inherent contempt

power or its authority under 28 U.S.C. § 1912 or 28 U.S.C. § 1927.

(4) Initiation of Disciplinary Proceedings. Formal disciplinary proceedings are

initiated by an order to show cause, signed by the chief judge or by the circuit clerk,

acting at the direction of the chief judge.

(A) Order to Show Cause. The court may issue an order to show cause on its

own initiative or in response to a complaint filed by a member of the bar of

this court or a party before the court.

(B) Contents of Complaint. A complaint of attorney misconduct must

include:

(i) The name, address, and telephone number of the complainant;

(ii) The specific facts that require discipline, including the date, place,

and nature of the alleged misconduct, and the names of all persons

involved;

(iii) Copies of all documents or other evidence that support the factual

allegations contained in subsection (ii), including a copy of any rule

or order of this court that is alleged to have been violated; and

(iv) A statement under the penalty of perjury - at the end of the complaint

- that the complainant has read the complaint and that the facts

contained there are correct to the best of the complainant's

knowledge.

(C) Action by Chief Judge. The clerk will send a complaint to the chief judge

for initial review.

(i) If the chief judge determines that the complaint - on its face or after

investigation - is without merit or does not warrant court action, the

chief judge will dismiss the complaint.

(ii) If the chief judge determines that reasonable grounds exist for

further investigation, the chief judge may order investigation. The

chief judge may issue an order to show cause if the complaint

appears meritorious, either before or after investigation.

(iii) If the chief judge issues an order to show cause, the clerk will mail

the following to the respondent:

• the order to show cause;

• the complaint and supporting documents;

• a copy of Fed. R. App. P. 46;

• a copy of this rule; and

• a written statement that the respondent has 21 days from

entry of the order to show cause to respond.

(iv) Alternatively, the chief judge may refer the matter to a state

disciplinary authority for action.

(5) Response. A respondent has 21 days from entry of the order to show cause to file

a response. The response must include:

(A) The name, address, and telephone number of the respondent;

(B) An admission or denial of each factual allegation in the complaint and order

to show cause;

(C) A specific statement of facts on which respondent relies, including all other

relevant dates, places, persons, and conduct;

(D) All relevant documents or other supporting evidence not previously filed

with the complaint or order;

(E) A statement requesting or declining a hearing; and

(F) A statement under the penalty of perjury that the respondent has read the

response and that the facts contained there are correct to the best of

respondent's knowledge.

(6) Summary Dismissal. The chief judge may dismiss the complaint if the response

shows that it is without merit.

(7) Conformity with Other Discipline. When a court or other disciplinary authority

has disbarred or suspended the respondent and the respondent admits the action

complained of or does not respond to the order to show cause, the chief judge may

enter a final order imposing similar discipline.

(8) Judicial Officer. After a response is filed, the chief judge may appoint a circuit

judge, district judge, or other judicial officer from the circuit to investigate the

allegations. The judicial officer must review the documents, conduct hearings if

necessary, and issue a written recommendation.

(9) Hearing. A disciplinary hearing will be held if the respondent timely requested

one and the judicial officer determines that a hearing is necessary for proper

disposition of the charges.

(A) Notice. When a hearing is necessary, the judicial officer will provide the

respondent with at least 21 days written notice of the hearing. The notice

must contain the date and location of the hearing and a statement that the

respondent is entitled to be represented by counsel, to present witnesses and

other evidence, and to confront and cross-examine adverse witnesses.

(B) Procedure. The judicial officer will conduct the hearing. The judicial

officer has authority to resolve procedural and evidentiary disputes.

Witnesses must testify under penalty of perjury. Hearings are confidential

and will be recorded.

(C) Rights of the Complainant and the Respondent. During the hearing, the

respondent is entitled to be represented by counsel, to present witnesses and

other evidence, and to confront and cross-examine adverse witnesses. The

judicial officer may permit the complainant to participate through counsel.

(D) Burden of Proof. The respondent's violation of the applicable standards

of conduct or rules or orders of this court must be proven by clear and

convincing evidence. A certified copy of a final order of disbarment or

judgment of conviction for a felony offense, entered in any state or federal

court, constitutes clear and convincing evidence.

(E) Failure to Appear. The respondent's failure to appear at the hearing is

grounds for discipline.

(10) Recommendation. The judicial officer must recommend - in writing - a proposed

disposition of the charges.

(A) Filing of the Recommendation. The judicial officer must file the

recommendation and send copies to the respondent.

(B) Response to the Recommendation. The respondent may file a written

response to the recommendation within 14 days of service of the

recommendation. The response must state concisely any inaccuracies,

errors, or omissions that warrant a disposition other than the recommended

disposition. The response must not exceed 25 pages.

(11) Final Action on the Recommendation. The court will enter a final order of

disposition within 30 days of the filing of a response to the recommendation. It

will send notice of the final order to the respondent and the complainant.

(12) Reinstatement. A suspended or disbarred attorney may petition the court for

reinstatement. The petition must include a concise statement of the circumstances

of the disciplinary proceedings, the discipline imposed, and the grounds that justify

reinstatement.

(A) Automatic Reinstatement. The court will automatically reinstate an

attorney suspended for a definite term at the end of the suspension period

on receipt of:

• a petition for reinstatement; and

• an affidavit showing compliance with the suspension order.

(B) Petition for Reinstatement. The court will reinstate a disbarred or

indefinitely suspended attorney on petition for reinstatement only for good

cause shown. The chief judge will review the petition for clear and

convincing evidence that the member has the moral qualifications,

competency, and learning in the law required for readmission. After

review, the chief judge will make a recommendation to the court.

(C) Successive Petitions for Reinstatement. A suspended or disbarred

attorney may not petition for reinstatement within one year following an

adverse determination on a prior petition.

(13) Chief Judge's Designees. The chief judge may designate a circuit judge or judges

to perform the duties of the chief judge under this rule. References to “chief judge”

in this rule include his or her designees.

(d) Law Student Practice.

(1) Eligibility. To make an appearance under this rule, a law student must:

(A) Be enrolled in a law school approved by the American Bar Association;

(B) Have completed legal studies for at least four semesters, or the equivalent

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

(C) Be certified - with certification filed - by the student's law school dean or

authorized representative as being of good character and competent legal

ability; and

(D) Certify in writing that he or she has read and is familiar with the Code of

Professional Responsibility or Rules of Professional Conduct in force in the

state where the student's law school is located.

(2) Cases in Which a Law Student May Appear. An eligible law student may

appear in this court in the following circumstances:

(A) On behalf of an indigent, with the written consent of the indigent and the

attorney of record.

(B) On behalf of the United States, with the written consent of the United States

Attorney or authorized representative.

(C) On behalf of a state, with the written consent of the state attorney general

or authorized representative.

In each case, the written consent must be filed with the clerk.

(3) Preparation of Documents and Oral Argument. An eligible law student may

assist in the preparation of briefs and other documents to be filed in this court, but

those briefs or other documents must also be signed by the attorney of record. The

student may also participate in oral argument with leave of the court, but only in

the presence of the attorney of record. The student must be introduced to the court

by an attorney admitted to practice before it.

(4) Responsibility 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 that work. The attorney must be familiar with the case and prepared

to supplement any written or oral statement by the student.

(5) Revocation. The dean of the student's law school may withdraw certification at

any time by mailing notice to the clerk. This court may terminate a student's

privileges under this rule at any time. Neither the law school nor this court are

required to provide notice, hearing, or any showing of cause.

(6) Compensation. A law student appearing under this rule may not ask for or receive

compensation or remuneration from the individual or party on whose behalf the

student renders services. But an attorney, legal aid bureau, law school, public

defender agency, state, or t he United States may compensate the eligible law

student. This rule does not prevent an entity from charging a client or other

recipient for its services.