N.D. Iowa LR 83

a. Roll of Lawyers. The bar of each court consists of counsel admitted to practice before the

court who have taken the oath or affirmation prescribed by the rules in force when they were

admitted.

b. Qualifications for Admission and Practice.

Admission to the Bar. A lawyer is qualified for admission to the bar of the district if the

lawyer is currently in good standing as a lawyer admitted to practice in the state courts of

Iowa. A lawyer who is a government lawyer, a Federal Public Defender, or an Assistant

Federal Public Defender, and who is permanently stationed in the state of Iowa, may be

admitted to the bar of the court if the lawyer is currently a member in good standing of the

bar of any United States District Court or the highest court of any state, territory, or insular

possession of the United States. Once admitted to the bar of the district, every lawyer, in

order to maintain standing to practice in the district, must pay an annual fee per district as

further described in (c) (3). A lawyer who fails to comply with the requirements of this

subsection may be suspended from practice in the court by the Chief Judge of the district

until the requirements are met.

c. Procedure for Admission and Proof of Qualifications.

1. Applications. An attorney seeking admission must comply with all requirements of the

individual district court for which the attorney seeks admission. The requirements for

admission and instructions for each district can be found on the individual court’s website

(www.iand.uscourts.gov for the Northern District, and www.iasd.uscourts.gov for the

Southern District). Once all the requirements are satisfied, the Clerk of Court will issue to

the attorney a certification of admission to the bar.

2. Open Court. With leave of court, lawyers eligible for admission under this rule may be

admitted to practice upon motion in open court by any member of the bar of the court to

which admission is sought after a satisfactory showing of good moral character of the

applicant, taking the oath hereinafter prescribed, and paying to the Clerk of Court the

prescribed admission fee.

3. Fees. The prescribed admission fee must be paid to the Clerk of Court before admission.

In addition, the annual fee must be paid directly to the district or districts in which the

lawyer is admitted. A lawyer admitted in both districts is required to pay the annual district

fees in each of the districts. Any such fee, and any portion of the pro hace vice fee retained

by the district court, will be collected by the Clerk of Court, placed to the credit of a district

fund, and administered in such a manner as is consistent with the law and as the court may

direct.

4. Oath of Admission. I, , do solemnly swear or affirm that, as an

attorney and as a counsel of the court, I will conduct myself uprightly and according to

law, and that I will support the Constitution of the United States.

d. Appearance and Withdrawal.

1. Who May Appear Generally. Only a member of the bar of the district may appear as a

lawyer in the courts of the district, except where pro hac vice appearance is permitted by

the court, where a Federal Public Defender or an Assistant Federal Public Defender from

another district appears for a defendant or witness in a criminal case, or where a

government lawyer appears for the United States.

2. Appearance in Criminal Case by Lawyer Who Is Not a Member of the Bar of the

District. A lawyer who is not a member of the bar of the district must, before appearing in

a criminal case, file a motion to appear pro hac vice on a form available on the courts’

websites. This rule in no manner limits the right of a defendant in a pending criminal case

to employ and be represented by counsel of the defendant’s own selection, provided such

counsel is a member in good standing of the bar of a state of the United States or of a

United States court and has not been convicted of a felony, suspended, or disbarred, as

provided in subsection (f)(5) of this rule. A lawyer appearing pro hac vice in a criminal

case is not required to comply with the associate counsel requirements contained in

subsection (d)(4) of this rule, and is not required to pay a pro hac vice admission fee.

However, a lawyer appearing pro hac vice in a criminal case is required to register in the

court’s ECF system. (See subsection (d)(3)(C) of this rule).

3. Pro Hac Vice Admission. A lawyer who is not a member of the bar of the district may be

admitted to practice in a particular case pro hac vice by filing a motion asking to be

admitted pro hac vice. By asking to be admitted pro hac vice, the lawyer agrees that in

connection with the lawyer’s pro hac vice representation, the lawyer will submit to and

comply with all provisions and requirements of the Iowa Rules of Professional Conduct,

or any successor code adopted by the Iowa Supreme Court. Full instructions are available

on the courts’ websites.

A. Motion. To be admitted pro hac vice, a lawyer must file a motion to appear pro hac

vice on the form available on the courts’ websites.

B. Civil Cases. A lawyer who files a motion for admission pro hac vice in a civil case

must submit contemporaneously to the Clerk of Court the following:

i. The prescribed pro hac vice admission fee;

ii. A completed and signed lawyer registration form for the ECF system (this form is

appended to the ECF Procedures Manual and may be found on the courts’ websites;

and

iii. Any other documentation required by the court for registration in the ECF system,

as described in the ECF Procedures Manual.

If a lawyer files a motion for admission pro hac vice in a civil case and the motion is

granted, and the Clerk of Court does not receive the documentation required for

registration in the ECF system within 14 days after the filing of the motion, the court

may enter an order revoking the admission pro hac vice.

C. Criminal Cases. A lawyer who files a motion for admission pro hac vice in a criminal

case must submit contemporaneously to the Clerk of Court the following:

i. A completed and signed lawyer registration form for the ECF system (this form is

appended to the ECF Procedures Manual and may be found on the courts’ websites);

and

ii. Any other documentation required by the court for registration in the ECF system,

as described in the ECF Procedures Manual.

If a lawyer files a motion for admission pro hac vice in a criminal case and the motion

is granted, and the Clerk of Court does not receive the documentation required for

registration in the ECF system within 14 days after the filing of the motion, the court

may enter an order revoking the admission pro hac vice.

4. Associate Counsel Requirement. Except parties proceeding pro se, lawyers appearing in

criminal cases and complying with the requirements of subsection (d)(2) of this rule, or

lawyers of record in any action transferred under 28 U.S.C. § 1407 (see Rule 2.1(c) of the

Rules of Procedure of the United States Judicial Panel on Multistate Litigation), any lawyer

who is not qualified to practice under section (b) of this rule must, in each proceeding in

which the lawyer appears, associate with counsel who is so qualified. The qualified

associate counsel must enter a written appearance with his or her name, law firm, office

address, telephone number, facsimile number, and email address, which will be entered of

record. Thereafter, all materials required to be served upon the nonqualified lawyer also

must be served upon the qualified associate counsel.

A lawyer not qualified to practice under section (b) or subsection (d)(2) of this rule must

not file any document unless, at the time of the filing, qualified associate counsel has

entered a written appearance on behalf of the party represented by the nonqualified lawyer

and has signed the document.

5. Form of Appearance. Any lawyer representing a party in any action or proceeding who

did not sign the first pleading filed on behalf of the party must file with the Clerk of Court

a separate “notice of appearance.” The notice must clearly reflect the lawyer’s name, law

firm, office address, telephone number, facsimile number, email address, and the name of

the party for whom appearance is made. If more than one lawyer has appeared on behalf

of a party, the notice must identify the lead counsel. Lawyers who have appeared are

responsible for informing the court of any changes in this information with respect to all

cases in which they have appeared.

6. Withdrawal Procedure. A lawyer who has appeared of record in a case and desires to

withdraw from representation of a party is not relieved of his or her duties to the court, to

the client, or to opposing counsel until one of the following is satisfied: (A) another lawyer

has appeared of record for the client, and the withdrawing lawyer has filed a notice of

withdrawal with the Clerk of Court and has served the notice on opposing counsel and the

client; or (B) the withdrawing lawyer has filed a motion to withdraw with the Clerk of

Court, has served the motion on opposing counsel and the client, and has received leave of

court to withdraw for good cause shown.

A motion to withdraw must indicate the trial date and must contain a list of all pending

motions and the dates on which they were filed.

e. Courtroom Decorum. Counsel in the courtroom must conduct themselves with dignity and

propriety. Unless excused by the court, counsel must stand when addressing the court or the

jury. Examination of witnesses must be conducted from counsel table or a lectern, except when

it is necessary to approach a witness, court clerk, or exhibit table for the purpose of presenting

or examining exhibits. Counsel must not approach a witness or the bench unless the court

requests or counsel obtains permission from the court. Counsel must not access or use a cell

phone or other portable communication device, absent court permission, while appearing

during any hearing or court proceeding.

f. Rules of Conduct and Disciplinary Procedures.

1. Applicability of Iowa Rules of Professional Conduct. The Iowa Rules of Professional

Conduct, or any successor code adopted by the Iowa Supreme Court, govern all members

of the bar of the court and, to the extent provided in subsection (d)(3) of this rule, those

admitted pro hac vice. A violation of the standards established in those rules of conduct is

“misconduct” for purposes of this section.

2. Lawyer Discipline. Any member of the bar of the court and any lawyer admitted pro hac

vice may, for good cause shown after an opportunity to be heard in accordance with the

disciplinary procedures prescribed in this subsection, be disbarred in the court, suspended

from practice before the court for a definite or indefinite time, reprimanded, or subjected

to such other discipline as the court may deem proper. These procedures apply only to

proceedings that have as their primary purpose the discipline of a lawyer for misconduct,

and do not limit the court’s authority to order sanctions or other remedies as permitted by

law.

3. Disciplinary Proceedings. When a member of the bar of the court or a lawyer admitted

pro hac vice allegedly engages in misconduct and the alleged misconduct comes to the

attention of the court, the court may initiate informal or formal disciplinary proceedings

against the lawyer (the “respondent lawyer”) under this subsection.

A. Payment of Expenses. Any expenses incurred in the furtherance of either formal or

informal disciplinary proceedings may be paid from the Attorney Admission Fee Fund.

B. Informal Disciplinary Proceedings. A federal judge may initiate and conduct

informal disciplinary proceedings in any appropriate manner, including by the entry of

orders (including show cause orders), the conducting of hearings, and the imposition

of sanctions. A lawyer will not be suspended or disbarred from practice before this

court as a result of informal disciplinary proceedings.

C. Formal Disciplinary Proceedings. A federal judge may initiate formal disciplinary

proceedings by asking the Chief Judge of the district where allegations of misconduct

arise to order the appointment of a special counsel to investigate and report to the Chief

Judge on the allegations. The Chief Judge may appoint a special counsel, or may, in his

or her discretion, defer formal disciplinary proceedings pending the results of

disciplinary proceedings in a state or another federal jurisdiction. In an order appointing

a special counsel under this subsection, the Chief Judge may specify any special

authority the special counsel is authorized to exercise in the conduct of the

investigation, such as, for example, the power to issue subpoenas for depositions and

documents and the power to require a respondent lawyer to respond to written

interrogatories.

i. Investigation and Report. The special counsel is to investigate the

allegations and make a written report to the Chief Judge which includes the

following: (a) a history and factual background of the allegations; (b) a

recommendation as to whether there is or is not probable cause to support

the allegations; and (c) the reasons for the recommendation. The special

counsel also may make recommendations concerning the disposition of the

allegations.

ii. Determination by Chief Judge. After reviewing the report of the special

counsel, the Chief Judge will determine whether formal disciplinary

proceedings should or should not be continued against the respondent

lawyer. If the Chief Judge determines formal disciplinary proceedings

should not be continued, and the respondent lawyer has been given notice

of the referral of the allegations of misconduct to a special counsel, then the

respondent lawyer will be notified by the Clerk of Court that formal

proceedings will not be continued. If the Chief Judge determines formal

disciplinary proceedings should be continued, the Chief Judge will issue a

show cause order notifying the respondent lawyer of the misconduct alleged

and the probable cause finding of the special counsel and directing the

respondent lawyer to show cause within 30 days why the respondent lawyer

should not be disciplined.

iii. Service. The Clerk of Court will have the show cause order served on the

respondent lawyer by personal service or by registered or certified mail sent

to the respondent lawyer’s last known address according to the Clerk of

Court’s records.

iv. Default. If the respondent lawyer fails to respond within the time required,

the Chief Judge may order any proper discipline.

v. Proceedings after Answer. If the respondent lawyer files an answer to the

show cause order, and (a) raises an issue of fact, or (b) includes in the answer

a request to be heard, the Chief Judge will set the matter for prompt hearing

before a panel of three federal judges appointed by the Chief Judge. The

panel will not include any judge before whom the alleged misconduct

occurred.

The panel will prescribe such procedures as are necessary to hear and decide

the issues raised in the show cause order or answer. The panel will issue a

final order. If the final order contains a finding of misconduct, the order will

provide for any discipline to be imposed on the respondent lawyer.

vi. Delegation by Chief Judge. In any disciplinary proceeding brought under

section (f) of this rule, including a formal disciplinary proceeding initiated

by the Chief Judge under subsection (f)(3)(C) of this rule, the Chief Judge

may delegate any function assigned to the Chief Judge under these rules to

another district court judge.

4. Sealing of Documents. A final order entered in a formal disciplinary proceeding that

contains a finding of misconduct will be filed in the public record unless the members of

the panel unanimously order that it be filed under seal. Any other document filed in

connection with a formal disciplinary proceeding must be filed under seal, and will remain

sealed until such time as an order unsealing the document is entered by one of the judges

on the panel.

5. Felony Conviction; Suspension or Disbarment in Another Court. If a member of the

bar of the court or a lawyer admitted to practice pro hac vice is convicted of a felony or is

suspended or disbarred from practicing in any federal or state court, the lawyer must notify

the Clerk of Court immediately of the conviction, suspension, or disbarment. Thereafter,

the lawyer will be suspended or disbarred from practice before the court unless the lawyer,

within 14 days after the Clerk of Court has mailed notice to the lawyer’s last known mailing

address, shows good cause why such action should not be taken.

Any person who, before admission to the bar of the court or during disbarment or

suspension from practice in any federal or state court, and without specific leave of the

court, exercises any of the privileges of a member of the bar of the court in this state or in

any action or proceeding pending in the Northern or Southern Districts of Iowa, or pretends

to be entitled to do so, is guilty of contempt of court and is thereby subject to appropriate

punishment.

The procedures provided in subsection (f)(3) of this rule do not apply to matters arising

under this subsection.

g. Dereliction of Counsel. When a case has been dismissed because of inexcusable neglect or

other dereliction of counsel, the court may impose such sanctions upon counsel as the court

deems appropriate, including those provided in section (f) of this rule.

h. Law Student Practice. With the permission of the presiding judge, and under such restrictions

as the presiding judge may impose, a law student enrolled in a reputable law school as defined

in Iowa Supreme Court Rule 31.8 and Iowa Code § 602.10102 may appear as counsel before

the court under the following conditions:

1. Certification. The dean of the law school must certify to the court that the student has

completed at least three semesters of the work required by the school to qualify for a J.D.

or an equivalent degree;

2. Supervision. The student’s appearance must be under the direct supervision of a lawyer

admitted to practice before the court who is personally present and has appeared of record

in the case; and

3. Compensation. The student must not receive compensation for a court appearance, but

this prohibition does not prevent a student from receiving general compensation from an

employer-lawyer or from a source of funds unrelated to the case or the parties. Nothing in

this rule prevents the court from awarding reasonable attorney fees under an appropriate

statute for a student’s work as long as the student does not receive any of the fee.