Monday, May 30, 2016, in observance of Memorial Day.
The United States Bankruptcy Court for the Eastern District of Wisconsin limits practice before it to attorneys admitted to the District Court for the Eastern District of Wisconsin. The procedures for admission to the District Court may be found at www.wied.uscourts.gov. Nevertheless, pursuant to General Local Rule 83.7 (a)(3) of the District Court for the Eastern District of Wisconsin, a bankruptcy “judge may permit an eligible attorney to proceed in a particular matter (pro hac vice) without payment of the prescribed fee.” Therefore, no fee will be assessed for any pro hac vice appearance.
An attorney may, at the discretion of the bankruptcy judge, be permitted to appear and participate in a particular case, pro hac vice, if the following conditions are met:
The applicant is a member in good standing of, and eligible to practice before, the bar of any United States Court or of the highest court of any state of the United States, and who has been retained to appear in a bankruptcy case or proceeding.
The applicant expects to have limited, or “incidental,” involvement in a single case. If the applicant expects to take a lead counsel position at hearings and/or to author and file the pleadings on his or her client’s behalf, the participation would not be “incidental,” and it would be appropriate to seek admission to the District Court.
The applicant expects, in the foreseeable future, to appear and participate in only one case before the Court. If the applicant anticipates appearances in more than one case, it would be appropriate to seek admission to the District Court.
While General Local Rule 83.7(b) of the District Court for the Eastern District of Wisconsin makes a motion to proceed pro hac vice unnecessary and forbids the Clerk of Court from accepting such motions, the Bankruptcy Court requires applicants to comply with the following procedures:
Obtain authorization and a password from the Bankruptcy Clerk of Court to file documents via the Electronic Case Filing (ECF) System in the Eastern District of Wisconsin by completing the CM/ECF User Account Request Form.
File a Notice of Appearance, stating the following: the attorney’s name and address; the name of the attorney’s client; by what court(s) the attorney has been admitted to practice; that the attorney is in good standing and eligible to practice in said court(s); whether the attorney has concurrently or within the year preceding made any pro hac vice application in this Court; and the name and address of affiliated local counsel, if applicable.
At the first hearing before the bankruptcy judge, counsel should make an oral request to proceed pro hac vice. If the first hearing is held via telephone, counsel should call the judge’s chambers prior to the scheduled hearing date and request to be included in the conference call. The judge will, at that first hearing, make the determination whether or not the applicant may continue to proceed pro hac vice or should instead seek admission to the District Court. Permission to appear pro hac vice may be revoked, sua sponte, by the judge to whom the case or proceeding is assigned if the judge determines that counsel has failed to satisfy any applicable requirement.