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Rule 13. Qualifications to Practice
(a) No attorney shall practice before this Court unless the attorney has been admitted to the bar of this Court or is appearing pro hac vice by leave of the Court. See Rule 38(b).
(b) It shall be a requisite to the admission of attorneys to the Bar of this Court that they be a member of the Bar of a Federal court or of the highest court of a State, Territory, Commonwealth, or Possession, and that their private and professional character shall appear to be good.
(c) Each applicant shall file with the Clerk an application for admission on the form prescribed by the Court, together with an application fee of $25 and a certificate from the presiding judge, clerk, or other appropriate officer of a court specified in (b) above, or from any other appropriate official from the Bar of such court, that the applicant is a member of the Bar in good standing and that such applicant's private and professional character appear to be good. The certificate of good standing must be an original and must be dated within one year of the date of the application.
(d) If the documents submitted demonstrate that the applicant possesses the necessary qualifications, the Clerk shall so notify the applicant and he or she may be admitted without appearing in Court by subscribing a written oath or affirmation. However, if the applicant so elects, the admission may be on oral motion by a member of the Bar of this Court in open court. Upon admission, the Clerk shall issue to the attorney a wallet-size admission card and a large certificate of admission suitable for framing.
(e) Each applicant shall take or subscribe the following oath or affirmation:
"I * * *, do solemnly swear (or affirm) that I will support the Constitution of the United States, and that I will conduct myself, as an attorney and counselor of this Court, uprightly and according to law. So help me God."
(f) Admissions will be granted on motion of the Court or upon oral motion by a person admitted to practice before the Court. Special admissions may be held by order of the Court.
(As amended July 16, 1990, eff. Aug. 15, 1990; Aug. 15, 1991, eff. Oct. 1, 1991.)
Rule 13A. Student Practice Rule
(a) Appearance by Law Student. With leave of this Court, an eligible law student acting under a supervising attorney may appear in a particular case, except a case in which any party is under or is potentially subject to a sentence of death, on behalf of any party, including the United States, provided that the student and supervising attorney comply with the provisions of this rule.
(b) Eligibility of Student. To be eligible to appear and participate in any case, a law student must:
(1) be a student in good standing in a law school approved by the American Bar Association, or be a recent graduate of such school awaiting the result of a state bar examination;
(2) have completed legal studies amounting to at least four semesters, or the equivalent if the school is on some basis other than a 3 year, 6 semester basis;
(3) have completed and received a passing grade in courses in criminal procedure and criminal law;
(4) neither ask for nor receive any compensation or remuneration of any kind from the person on whose behalf the services are rendered; and
(5) be familiar with the Uniform Code of Military Justice and the rules of this Court.
(c) Supervising Attorney Requirements. A supervising attorney must:
(1) be an attorney of record in the case;
(2) be a member in good standing of the bar of this Court;
(3) have been admitted to practice for a minimum of two years and have appeared and argued in at least one case before this Court or appeared and argued in at least three cases before state or Federal appellate courts;
(4) not supervise more than five (5) students at any one time;
(5) appear with the student in any oral presentations before this Court;
(6) read, approve and sign all documents filed with this Court;
(7) assume personal professional responsibility for the student's work in matters before this Court;
(8) be responsible to supplement the oral or written work of the student as necessary to ensure proper representation of the client;
(9) guide and assist the student in preparation to the extent necessary or appropriate under the circumstances;
(10) be available to consult with the client; and
(11) neither ask for nor receive any compensation or remuneration of any kind from the person on whose behalf the services are rendered.
(d) Authorization and Certification. (1) The party on whose behalf the student appears must consent to the representation by that student in writing.
(2) The supervising attorney must indicate in writing approval of the appearance by the law student and consent to supervise the law student.
(3) The law student must be certified by the dean of the student's law school as being of good character and competent legal ability.
(4) Before commencing student representation in any case under this rule, the supervising attorney shall file a motion for leave to allow student representation in such case. The motion should put forth that the provisions of this rule have been met and that in counsel's view the case is an appropriate one for student representation. The written consent, approval and certification referred to above shall be attached to the motion. A copy of the motion shall be served on opposing counsel, but no answer will be allowed except with leave of the Court. Once these documents are filed, the Court will decide, using its discretion on a case-by-case basis, whether to allow the student representation.
(e) Activities. Upon fulfilling the requirements of this rule, the student may enter an appearance in a case and:
(1) assist in the preparation of briefs and other documents to be filed in this Court, but such briefs or documents must also be signed by the supervising attorney;
(2) participate in oral argument, but only in the presence of the supervising attorney; and
(3) take part in other activities in connection with the case, subject to the direction of the supervising attorney.
(f) Termination. The dean's certification of the student:
(1) shall remain in effect, unless sooner withdrawn, until the publication of the results of the first bar examination taken by such student following the student's graduation. For any student who passes that examination the certification shall continue in effect until the date the student is admitted to the bar;
(2) may be withdrawn by the Court at any time; and
(3) may be withdrawn by the dean at any time.
(g) Exceptions. (1) This rule does not apply to an appearance or an oral argument by a law student on behalf of an amicus curiae.
(2) Nothing in this rule shall preclude the Government or any agency, firm, or organization from compensating a law student for services rendered under such rule.
(3) The Court retains the authority, on good cause shown, to establish exceptions to these procedures in any case. See Rule 33.
(Added Nov. 1, 1995, eff. Nov. 15, 1995.)
Rule 14. Honorary Membership
Honorary membership in the Bar of the Court may be granted from time to time to distinguished members of the legal profession of other nations who are knowledgeable in the fields of military justice or the law of war. A candidate for honorary membership will be presented at the Bar in person after the nomination has previously been approved by the Court. A certificate of honorary membership in the Bar will be presented to the person so honored.
Rule 15. Disciplinary Action
(a) The Model Rules of Professional Conduct of the American Bar Association are hereby adopted as the rules of conduct for members of the Bar of this Court. After notice, investigation, and hearing as provided in this rule, the Court may take any disciplinary action it deems appropriate for failure to comply with the Model Rules of Professional Conduct.
(b) For purposes of this rule, the Court shall appoint an Investigations Committee consisting of five members of the Bar of this Court who shall be appointed for a period of three years. The Investigations Committee shall consider such complaints as may be referred to it for investigation, including the taking of evidence, and shall submit a report of such investigation to the Court.
(c) Upon receipt and docketing of a written complaint under oath of unprofessional conduct against a member of its Bar, the Court will cause a copy thereof to be served by certified mail, return receipt requested, on the attorney thus accused. The Clerk will, in addition, acknowledge by letter, to the person filing such complaint, the receipt thereof. The accused attorney will answer the complaint by filing a formal pleading responsive to each allegation of misconduct within 30 days of receipt of the complaint, but extensions of time may be granted by order of the Court on the accused attorney's application. A complaint will be docketed only if the Court makes a preliminary determination that it is not frivolous.
(d) On consideration of the complaint and answer, and if it believes a substantial basis exists for the complaint, the Court will refer the matter to its Investigations Committee for consideration under subsection (b). Otherwise, the Court will dismiss the complaint. Any such investigation will be held privately, unless the accused attorney requests that it be opened to the public.
(e) On receiving the report of the Investigations Committee, the Court may dismiss the complaint or order the matter set down for hearing, giving due notice to the accused attorney. At the hearing, the accused attorney will be given opportunity to present such matters relevant to the complaint as he or she deems appropriate and to examine any witnesses against such attorney. All documents received in connection with a complaint under this rule shall be furnished to the accused attorney. A majority vote of the Court is necessary to find an attorney guilty of unprofessional conduct and to fix any penalty.
(f)(1) When it is shown to the Court that any member of its Bar has been disbarred or suspended from practice by any court, such member will be forthwith called upon to show cause within 30 days why similar action should not be taken by this Court. Upon the filing of the member's answer to an order to show cause, or upon expiration of 30 days if no answer is filed, the Court will enter an appropriate order; but no order of disbarment or suspension will be entered except with the concurrence of a majority of the judges participating.
(2) When it has been shown to the Court that a member of the Bar of the Court has been convicted by court-martial or by other court of competent jurisdiction of conduct which evidences a failure to comply with the Model Rules of Professional Conduct and such conviction has become final, the Court may, in lieu of the complaint and investigative procedures set forth in subsections (b) through (e), initiate a disciplinary action under this rule by issuance of an order to such person to show cause why the person should not be disbarred. Upon the filing of the member's answer to an order to show cause, or upon expiration of 30 days if no answer is filed, the Court will set the matter for hearing, giving the member due notice thereof, or enter such other order as may be deemed appropriate; but no order of disbarment or suspension will be entered except with the concurrence of a majority of the judges participating.
(g) Penalties for unprofessional conduct may extend to reprimand, suspension, or disbarment.
(h) Except for an order of reprimand, suspension or disbarment, no papers, pleadings or other information relative to a complaint in a disciplinary proceeding will be published or released to the public without prior approval of the Court. The docket of matters arising under this rule shall not be available to the public.
(As amended July 16, 1990, eff. Aug. 15, 1990; Mar. 26, 1998, eff. May 1, 1998.)
Rule 16. Entry of Appearance and Withdrawal by Counsel
(a) Counsel shall enter an appearance in writing before participating in the representation of a party to an action before the Court; however, the filing of any pleading or other paper relative to a case which contains the signature of counsel shall constitute such an entry of appearance. See Rules 13(a) and 38.
(b) Leave to withdraw by any counsel who has entered an appearance under subsection (a) must be requested by motion in accordance with Rule 30. A motion by an appellate defense counsel must indicate the reasons for the withdrawal and the provisions which have been made for continued representation of the accused. A copy of a motion filed by an appellate defense counsel shall be delivered or mailed to the accused by the moving counsel.
Rule 17. Assignment of Counsel
Upon receipt of a notice of the docketing of a case issued under Rule 10(c), the appropriate Judge Advocate General shall designate appellate military counsel to represent the parties, unless such counsel have previously been designated. In a case involving a petition for extraordinary relief wherein an accused has been denominated as the real party in interest by a filing party or has been so designated by the Court, the Judge Advocate General shall also designate appellate military counsel to represent such accused.
