Section 1-2833. REPRESENTATION BY ATTORNEYS AND LAW STUDENTS

 

2833.1An attorney may represent any party before OAH.  Unless otherwise provided by statute or these Rules, only attorneys who are active members in good standing of the District of Columbia Bar, or who are authorized to practice law in the District of Columbia pursuant to Rules 49(c)(1), (4), (8), or (9) of the District of Columbia Court of Appeals, may appear before OAH as a representative of a party.

 

2833.2An attorney who is not a member of the District of Columbia Bar, and who is not authorized to practice law in the District of Columbia pursuant to Rules 49(c)(1), (4), (8), or (9) of the District of Columbia Court of Appeals, may appear before OAH after the filing and granting of a motion to appear pro hac vice, in which the attorney shall declare under penalty of perjury that:

 

(a)I have not applied for admission pro hac vice in more than five (5) cases in OAH or in the courts of the District of Columbia during this calendar year.  I have applied for admission pro hac vice in  OAH and in the courts of the District of Columbia ______  (list number) times previously in this calendar year;

(b)I am a member in good standing of the bar of the highest court(s) of the State(s) of ______ (list all states);

 

(c)There are no disciplinary complaints pending against me for violation of the rules of the courts of those states;

 

(d)I am not currently suspended or disbarred from practice in any court;

 

(e) I do not practice or hold out to practice law in the District of Columbia;

 

(f)I am familiar with OAH’s Rules found at 1 DCMR 28 and 29;

 

(g)I am applying for admission pro hac vice for the following reason(s): ______  (list all reasons);

 

(h)I acknowledge the jurisdiction of OAH and the courts of the District of Columbia over my professional conduct, and agree to be bound by the District of Columbia Court of Appeals Rules of Professional Conduct, in this matter, if I am admitted pro hac vice; and

 

(i)I have informed my client that I am not a member of the District of Columbia Bar, and my client has consented to my representation in this case.

 

2833.3For good cause shown, the presiding Administrative Law Judge may revoke the pro hac vice admission of any attorney.

 

2833.4 Current law students who have successfully completed forty-two (42) credit hours of law school may appear before OAH, except that a law student who has been denied admission to practice before the District of Columbia Court of Appeals pursuant to its Rule 48 may not appear before OAH.  An Administrative Law Judge may terminate a law student’s representation under this Subsection at any time, for any reason, without notice or hearing.  A law student practicing under this subsection shall:

 

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

 

(b) Have the consent and oversight of a supervising attorney assigned to the law student;

 

(c) Sign and file a Notice of Appearance in the case with the supervising attorney;

 

(d) Have the written permission of the client, which must be filed in the record;

 

(e) Not file any paper unless the law student and supervising attorney sign it;

 

(f)Not appear at any proceeding without the supervising attorney;

 

(g) Neither ask for nor receive a fee of any kind for any services provided under this rule, except for the payment of any regular salary made to the law student; and

 

(h) Comply with any limitations ordered by the presiding Administrative Law Judge.

 

2833.5An attorney supervising a law student who appears pursuant to Subsection 2833.4 shall:

 

(a)Be an active member in good standing of the District of Columbia Bar;

 

(b) Assume full responsibility for supervising the law student;

 

(c) Sign and file a Notice of Appearance in the case with the law student;

 

(d) Assist the law student in preparation of the case, to the extent necessary in the supervising lawyer’s professional judgment to insure that the law student’s participation is effective on behalf of the person represented;

 

(e) Appear at all proceedings with the law student; and

 

(f)Review and sign any paper filed by the law student.

 

2833.6In addition to these Rules, the District of Columbia Rules of Professional Conduct shall govern the conduct of all attorneys and law students appearing before OAH.

 

2833.7The Chief Administrative Law Judge or presiding Administrative Law Judge may enter an order restricting the practice of any attorney appearing before OAH for good cause.  Such restrictions may include, without limitation:

 

(a)Disqualification from a particular case;

(b)Suspension or disqualification from practice before OAH;

 

(c)A requirement that an attorney obtain ethics or other professional training or counseling; or

 

(d)A requirement that an attorney appear only when accompanied by another attorney with particular skills or a particular level of experience.

 

2833.8The attorney shall be given notice and opportunity to be heard either before the imposition of a restriction, or as soon thereafter as is practicable.

 

2833.9An Administrative Law Judge’s authority under Subsection 2833.7 is limited to restricting the practice of an attorney in a pending case based on the conduct of the attorney in that case.  Nothing in this section limits the authority of the Chief Administrative Law Judge to enter a separate order restricting an attorney’s practice before OAH.

 

2833.10Any attorney appearing before OAH in a representative capacity under this Section shall provide under his or her signature, the attorney’s District of Columbia bar number, office address, and telephone and fax numbers.  Conformed signatures shall not be accepted under this subsection.  Persons appearing (or applying to appear) under Subsections 2833.2 or 2833.4 shall state, immediately under their signature, the subsection under which they are appearing (or applying to appear), their office address, and telephone and fax numbers.  Persons appearing under Subsection 2833.2 shall state the jurisdiction of their admission and shall provide the bar number, if any, from that jurisdiction, and their office address, and telephone and fax numbers.

 

2833.11A member of any bar may not qualify as a non-attorney representative under Section 2835.  An attorney representing a party may testify only as permitted by Rule 3.7 of the District of Columbia Rules of Professional Conduct.

 

2833.12Notwithstanding anything to the contrary in these Rules, no person who has been punished for unauthorized practice of law or who is subject to an injunction pursuant to Rule 49(e)(2) of the Rules of the District of Columbia Court of Appeals may represent a party.

 

 

authority

Sections 8(a)(7) and 8(b)(7) of the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code §§ 2-1831.05(a)(7) and (b)(7) (2012 Repl.)).

source

Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 51 DCR 8595 (September 3, 2004); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016).