- LR83. MISCELLANEOUS LOCAL RULES
- LR83.1 Admission to Practice.
- Eligibility. A lawyer applying for
admission to the bar of this court must be licensed to practice law by
the licensing authority of one of the fifty states, the District of Columbia,
or a Territory of the United States, and if licensed by a licensing authority
other than the State of Texas, then an attorney must also be a member
in good standing of a United States District Court.
- Division. Lawyers who reside in the
district must apply in the division where the lawyer resides. Applicants
who do not reside in the district may apply for admission in any division.
- Application. The lawyer shall file
an application on a form prescribed by the Court.
- Committee on Admissions. The district
shall have one committee on admissions comprised of five attorney members
chosen by the Chief Judge and who shall serve staggered three-year terms.
The participation of three members, either in person or by electronic
means, shall constitute a quorum.
- Action on the Application. After
a review of the application, the Court will admit or deny admission. A
person not admitted may request a hearing to show why the application
should be granted. The hearing will be conducted under the procedures
for disciplinary matters.
- Uncompensated Assignments. The pro
bono representation of indigent clients is encouraged by this Court. It
is hoped that as a matter of public service a member of the Bar of the
Southern District of Texas will accept an uncompensated assignment to
an indigent's civil matter as often as every twelve months.
- Workshop. An approved applicant must
attend a workshop held by the Court before being admitted, unless the
applicant either is over seventy years old or resides out of the district
and is a member of the bar of another United States District Court. Former
Circuit, District, Bankruptcy and Magistrate Judges are exempt from attending
the workshop.
- On approval of an application, the clerk will notify the applicant,
giving the locations and dates of the next workshops.
- Applicants who reside in the Houston or Galveston Divisions must
attend the workshop in Houston.
- Applicants for admission in the Brownsville, Corpus Christi, Laredo,
McAllen and Victoria Divisions may attend a workshop in any division.
- Expiration. Members of the bar must
reapply every five years from the date of admission by filing a new application
and paying the fee. If a member fails to reapply before the expiration
of the term, a later application will be treated as an original application,
requiring reapproval and attendance at a workshop.
- Oath. On admission, the lawyer will take this oath
before any judicial officer of the United States:
I do solemnly swear [affirm] that I will discharge the duties
of attorney and counselor of this court faithfully, that I will demean
myself uprightly under the law and the highest ethics of our profession,
and that I will support and defend the Constitution of the United States.
- Fee. The applicant will pay the fee
set by order. Should an applicant scheduled to take the oath unreasonably
fail to notify the clerk that he will not appear as scheduled, the applicant
forfeits the fee.
- Practice Without Admission. A lawyer
who is not admitted to practice before this Court may appear as attorney-in-charge
for a party in a case in this Court with the permission of the judge before
whom the case is pending. When a lawyer who is not a member of the bar
of this Court first appears in a case, the lawyer shall move for leave
to appear as attorney-in-charge for the client.
- Conduct of Attorneys. The Rules of
Discipline in Appendix A govern membership in the bar of the United States
District Court for the Southern District of Texas.
LR83.2. Withdrawal of Counsel. Although no delay
will be countenanced because of a change in counsel, withdrawal of counsel-in-charge
may be effected by motion and order, under conditions imposed by the Court.
LR83.3. Notices. All communications about an action
will be sent to the attorney-in-charge who is responsible for notifying associate
counsel.
- LR83.4. Change of Address. Notices will be sent
only to the address on file. A lawyer or pro se litigant is responsible for
keeping the clerk advised in writing of the current address. Counsel of record
and pro se litigants must include in this advice the case numbers of all pending
cases in which they are participants in this district.
LR83.5. Parties' Agreement. Agreements among the
parties are enforceable by the Court only if they are announced in open court
or reduced to writing and signed. Nevertheless, agreements of the parties
are not binding on the Court.
LR83.6. Preserving Confidentiality.
- Civil Actions. On the filing of a
civil action that the party desires be sealed, the party shall present
an application to the clerk attaching the complaint and accompanying materials
in a sealed envelope marked "sealed exhibit." A miscellaneous case number
will be assigned and the case file presented to the miscellaneous judge.
Once that judge has ruled on the application, the case file and order
will be returned immediately to the clerk for the drawing of a civil action
number and random assignment to a judge.
- Jurors' Names. The trial judge may
hold the names of petit jurors confidential. Names of jurors held confidential
shall not be disclosed other than to employees of the judiciary of the
United States in their official duties.
LR83.7. Electro-Mechanical Devices. Except by leave
of the presiding judge, no photo- or electro-mechanical means of recordation
or transmission of court proceedings is permitted in the courthouse.
LR83.8. Courtroom Behavior. Traditional, formal
courtroom etiquette is required of all who appear in court as specified in
Appendix C.