Correspondence from Winner to Guinier; Legal Research on Rule 2.00

    CHAMBERS, FERGUSON, WATT, WALLAS, ADKINS & FULLER. P.A.

ATTORNEYS AT LAW

SUITE 730 EAST INDEPENDENCE PLAZA

951 SOUTH INDEPENDENCE BOULEVARO

CHARLOTTE, NORTH CAROLINA 24202
TELEPHONE 1704t 375-8461

June 20, 1983

JULIUS LEVONNE CHAMBERS

JAMES E. FERGUSON, II

MELVIN L, WATT

JONATHAN WALLAS

KARL ADKINS

JAMES C FULLER. JR.

YVONNE MIMS EVANS

JOHN W GRESHAM

GILOA F GLAZER

LESLIE J WINNER

JOHN T NOCKLEBY'

.OF O.C. BAR ALSO

Ms. Lani Guinier
Legal Defense Fund
10 Colunrbus Circle
Suite 2030
New York, New York 10019

Dear Lani:

Enclosed is a copy of Local Rule 2. As you can see, there
is not much to being admitted to practice pro hac vice.
trIe just need to make a motion sometime before the tria1.
Actual1y, w€ need to make it before the pre-trial conference.
If you wiLl l-et me know what Bars you are admitted to, I
wiLl- prepare the motion and submit it.
I have aLso enclosed an article from the Charlotte Observer
which you may find interesting. Paul Luebke wiLL testify
about its significance.

Sincerely,

d,*'-
Leslie J. Winner

LJW: ddb
Enclosures



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iRule 1.00 U. S. DISTRICT COURT

his discretion, may alter these rules in any particular case.
These rules shall be cited: "Local Rule 

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EDNC".

Rule 2.00

ATTORNEYS

2.0t: RoIl of Attornnys. The bar of this court consists of
those heretofore admitted and those hereafter admitted as pre-
scribed by this Local Rule 2.00.

2.O2: Eligibitity. A member in good standing of the bar
of the Supreme Court of North Carolina, who resides in the
State of North Carolina and who maintains an office in the
State of North Carolina, is eligible for admission to the bar
of this court.

2.03: Procedure lor Admission. Before being presented to
the court for taking the required oath, an applicant for ad-
mission shall certify in a written application that such appli-
cant:

(a) Is a member in good standing of the bar of the
Supreme Court of North Carolina, a resident of North
Carolina, and maintains an office in North Carolina; and,

(b) Has studied the Federal Rules of Civil and Criminal
Procedure, the Federal Rules of Evidence, and the Local
Rules of this court.

In addition to these certifications, the written application shall
contain the certification of two attorneys who are members
in good standing of the bar of this court that the applicant is
of good moral character and professional reputation and meets
the requirements for admission. An applicant may be admitted
to practice in this court by a judge or magistrate upon oral
motion by a member of the bar of this court. If the motion
for admission is granted, the applicant shall take the following
oath or affirmation:

. I do solemnly swear that, to the best of my knowledge
and ability, I will support and defend the Constitution of
the United States against all enemies, foreign and domestic,
and that I will bear true faith and allegiance to the same;
that I take this obligation freely, without any mental reser-
vation or purpose of evasion; and that I will demean my-
self as an attorney of this court, uprightly and according
to law. So help me God.



I/ADIlllti\ l-rlDrltrur-ut)l\rrltfrL ltuLrre rture !.vv

Following the administration of the oath, the application shall
be signed by the judge or magistrate and the applicant shall
file the application, accompanied by a fee of $15.00, with the
clerk. The clerk shall then issue the applicant a certificate
of admission to the bar of this court. Upon the filing of a
properly certified and executed application accompanied by the
admission fee of $15.00, the clerk may accept for filing papers
signed by the applicant. However, no applicant shall make
an appearance on behalf of a client until the applicant has taken
the oath.

2.04: Represmtation fu Local Counsel Who Must Sign All
Pleadings. Litigants in civil and criminal actions and parties
in bankruptcy proceedings, except governmental agencies and
parties appearing pro se, must be represented by at least L mem-
ber of the bar of this court, who shall sign each pleading, motion,
discovery procedure or other document filed in this court.

2.05: Appeardnces bg Attorneys Not Admitted in the Dis'
trict. Any person who is a member in good standing of the
bar of a United States District Court and the bar of the highest
court of any state or the District of Columbia shall be permitted
to appear in a particular matter in association with a member
of the bar of this court. The appearance of such a person in
a particular matter shall confer jurisdiction upon this court for
any alleged misconduct of that person or for any other purpose

arising in the course of or in the preparation of such matter.

2.06: Plnadings, Seruice, and Attendance bg Local Counsel
in Cases Where Out-of-State AttsrneA A'ppears. Pleadings and
other documents filed in a case where an attorney appears who
is not admitted to the bar of this court shall contain the in-
dividual name, firm name, address, and phone number of both
the attorney making a special appearance under this Local
Rule and the associated local counsel. In such a case, the
service of all pleadings and notices as are required shall be

sufficient if served only upon the associated local counsel.

Unless excused by the court, the associated local counsel shall
be present at all pre-trial conferences, hearings and trials and
may attend discovery proceedings.

2:07: Withdrarml, of Appearance. No attorney whose ap-
pearance has been entered shall withdraw his or her appear-
ance or have it stricken from the record, except with leave of
the court.

2.08: Courtroom Decorum. Counsel shall conduct them-
selves with dignity and propriety. Counsel shall rise when ad-

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Rule 2.00 U' S' DISTRICT COURT

dressing the court, and all statements to the court' shall be

made from counsel tuUt" o" from behind the lectern facing the

court. Counsel tnuff not approach the bench unless requested

to do so by the .ou.t o' 'nt"tt 
permission is granted upon the

request of counsel.

2.09: Qunstioning of Witnesses' Only one attorney for each

party may question'a particular witness unless the court allows

otherwise. Counsel sfrdt remain seated while questioning wit-

nesses.

2.lO: Prolessionat Standarits' The ethical standard govern'

ing the practice of fl* in this court is the Code of Professional

Responsibility of ttte Norttr Carolina State Bar' Incorporated

now in force and as frlreatter modified by the Supreme- Court

of North Carotina, e*cept ut may- be otherwise provided by

;.&l;-;rte of this .orri. counsel are directed to advise the

Clerk of this Couri *itt'irr 10 days of disciplinary action taken

against them resulting in suspension--or disbarment' The dis-

ciplinary procedures;? thit court shall be on file with the clerk

,na frt"itt ed to counsel upon request'