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6305 version 1.1 Call Lawyerdude 541 476 8954. Dlawyerdude@gmail.com        May 9, 2004. Upgraded Monday, October 24, 2005

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Message #745 at www.groups.yahoo.com/group/the_lawyerdude

Ron Fox asks "Can you appear in Michigan for me?"

Lawyerdude answers:

Pro hac vice (pro hack veechay)

Any U.S. lawyer can generally appear

in any count in America one time.

It is a rule that the bar made to avoid conflict with commerce clause.


This page is www.lawyerdude.8k.com/prohac.html

Related pages:

            http://www.caught.net/prose/prose.htm

Ron Fox asks "Can you appear in Michigan for me?"

http://www.crossingthebar.com/PHV-Chart.htm

Do a google search for "pro hac vice Michigan" or insert your state.

Lawyerdude answers:

Generally any lawyer licensed in any U.S. jurisdiction can practice in every state. I am licensed in more than one U.S. jurisdiction therefore I can practice in every state, generally speaking.


Many famous cases were argued pro hac vice:

http://www.lawyerdude.netfirms.com/argersin.html This case was argued pro hac vice.


I am only disbarred in California STATE courts.


Each court has its own rules, but basically they know that the commerce clause forbids impeding commerce, so they go along and say "Okay, you can appear this time based on your license in another jurisdiction"


California is not the only jurisdiction where I am licensed. At my trial in 1999 I tried to admit my proof of additional licensure. In preparation for trial I hired an investigator to obtain proof of licensure outside California. Judge Steele would not permit me to admit this proof. I won the trial anyway.


My point it this: Any licensed lawyer can generally practice in every state. Rule vary from state to state but if the rules are too restrictive then they violate the commerce clause.

 

Basic Pro Hac Vice Information by Jurisdiction

1. Click on the hyperlinks in the left hand column if you are interested in more information about the pro hac vice rules in the listed jurisdictions.

Jurisdiction

Rule

Fee

Alabama

Rule VII of the Alabama Rules Governing Admission to the Alabama State Bar

$100.

Alaska

Alaska Rule of Civil Procedure 81(a)(2); Alaska Appellate Court Rule 103

$250 per case per year.

American Samoa

- 

- 

Arizona

Arizona Supreme Court Rule 33(d)

$369.75 in 2004.

Arkansas

Arkansas Supreme Court Rule XIV

No.

California

California Rule of Court 983

$50 per case.

Colorado

Rule 221 and 221.1 of the Colorado Rules Governing Admission to the Bar of the State of Colorado

$250 per case (state court and administrative proceedings).

Connecticut

Connecticut Practice Book Section 2-16

No.

Delaware

Delaware Supreme Court Rules 71 and 72; Delaware Superior Court Rule 90.1; Delaware Chancery Court Rule 170 (b)

$100.

Florida

Florida Rule of Judicial Administration 2.061; Florida Rule of Appellate Procedure 9.440(a)

No.

Georgia

Georgia Supreme Court Rule 4; Georgia Court of Appeals Rule 9; Georgia Uniform Superior Court Rule 4.4

No.

Guam

7 Guam Code Annotated § 9116

No.

Hawai'i

Hawai'i Supreme Court Rule 1.9

$250 if admitted prior to 1997; $150 after.

Idaho

Idaho Bar Commission Rule 222; Idaho Appellate Court Rule 9

$200 per case.

Illinois

Illinois Supreme Court Rule 707

No.

Indiana

Rule 3, Section 2 of the Indiana Rules for Admission to the Bar and Discipline of Attorneys

$70.

Iowa

Iowa Code Section 602.10111 and Iowa Supreme Court Rule 113

No.

Kansas

Kansas Supreme Court Rule 1.01(f) and Admission Rule 705(b); Kansas District Court Rule 116

No.

Kentucky

Kentucky Supreme Court Rule 3.03

No.

Louisiana

Louisiana Revised Statute 37:214 to 216; Louisiana Supreme Court Rule XVII, Section 11

No.

Jurisdiction

Rule

Fee

Maine

Title 4, Section 802 of Maine Revised Statutes

No.

Maryland

Maryland Code Section 10-215; Rule 14 of the Maryland Rules Governing Admission to the Bar

$25.00 filing fee to docket motion in Maryland Circuit Courts; applies to civil and criminal actions.

Massachusetts

Section 46A of Title 221 of the Massachusetts Code

No.

Michigan

Rule 15, Section 2 of the Michigan Supreme Court Rules Concerning the State Bar of Michigan

No.

Minnesota

Minnesota Code Section 481.02(6); Minnesota Rule of Appellate Procedure 143.05(1); Minnesota General Practice Rule 5

No.

Mississippi

Mississippi Code Section 73-3-39; Mississippi Supreme Court Rule 46

$200.

Missouri

Missouri Supreme Court Rule 9.03

$100 for each case.

Montana

Section IV of the Montana Supreme Court Admission Rules; Montana Uniform District Court Rule 13

$100.

Nebraska

Nebraska Supreme Court Admission Rule 6

No.

Nevada

Nevada Supreme Court Rule 42 (new rule effective September 24, 2002)

$350 per case per year.

New Hampshire

New Hampshire Supreme Court 33(1); New Hampshire Superior Court Rule 19; New Hampshire District and Municipal Court Rule 1.3C

No.

New Jersey

Rule 1:21-2 of the New Jersey Rules Governing the Courts of the State of New Jersey

Varies; up to $175 per year.

New Mexico

New Mexico Rule of Appellate Procedure 12-302E; New Mexico Rule of Civil Procedure 1.089(1); New Mexico Rule of Criminal Procedure 5.08

No.

New York

New York Court of Appeals Rule 520.11; New York Court Rules § 602.2 (1st Dept., App. Div.), § 805.3 (3rd Dept., App. Div.), § 1000.13(l) (4th Dept., App. Div.)

No.

North Carolina

North Carolina General Statute 84-4.1 and 84-4.2

No.

Northern Mariana Islands

Sections 3 and 4 of Rule II of the Rules of Admission of the CNMI Supreme Court

$5000.

North Dakota

North Dakota Rule of Court 11.1; North Dakota Admission to Practice Rule 3

$100.

Ohio

Ohio Supreme Court Rule of Practice 1(2); Ohio Court of Claims 17

No.

Oklahoma

Oklahoma Supreme Court Rule 1.5; Oklahoma Court of Criminal Appeals Rule 1.6; Article II, Section 5 of the Oklahoma Supreme Court Rules Creating and Controlling the Oklahoma Bar Association

if">No.

Oregon

ORS 9.241; Oregon Rules of Appellate Procedure 6.10(4) and 8.10(4); Oregon Uniform Trial Court Rule 3.170

$250 per case per year.

Jurisdiction

Rule

Fee

Palau

- 

- 

Pennsylvania

Pennsylvania Bar Admission Rule 301

No.

Puerto Rico

Title 4, Section 723 of the Puerto Rico Code; Puerto Rico Supreme Court Rule 11(d)

Not presently known.

Rhode Island

Rhode Island Supreme Court Rule 9

$150.

South Carolina

South Carolina Appellate Court Rule 404

$100.

South Dakota

Section 16-18-2 of the South Dakota Code

$100.

Tennessee

Tennessee Supreme Court Rule 19

No.

Texas

Texas Code Section 82.036; Texas Supreme Court Rule Governing Admission to the Bar XIX

$250 per case. Go to Texas Board of Law Examiners - PHV Application for more information and application.

Utah

Utah Supreme Court Rule of Professional Practice 11-302; Utah State Bar Admission Rule 13

$175 per case.

Vermont

Vermont Appellate Court Rule 45.1(e); Vermont Rule of Civil Procedure 79.1(e); Vermont Rule of Criminal Procedure 44.2(b); Vermont Rule of Family Court Procedure 15(e); Vermont Rule of Probate Court 79.1(d); Vermont District Court Rule 79.1

No.

Virginia

Virginia Code Section 54.1-3900; Virginia Supreme Court Rule 1A:4

No.

U.S. Virgin Islands

U.S. Virgin Islands Territorial Court Rule 301

No.

Washington

Washington Admission to Practice Rule 8(b)

No.

Washington, D.C.

District of Columbia Court of Appeals Rule 49(c)(7)

$100.

West Virginia

West Virginia Code Section 30-2-2; Rule 8 of the West Virginia Rules for Admission to the Practice of Law

$150.

Wisconsin

Wisconsin Supreme Court Rule 10.03(4)

No.

Wyoming

Wyoming Code Section 33-5-111; Wyoming Supreme Court Rule 11(b); Wyoming Uniform Rule for District Courts 104

Considering $250 fee per case per year; see Proposed new Wyoming PHV Rule.

Last Edited: Monday, May 03, 2004.




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