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IN THE
SUPREME COURT OF INDIANA

ORDER AMENDING INDIANA RULES FOR ADMISSION TO THE BAR AND DISCIPLINE OF ATTORNEYS
Under the authority vested in this Court pursuant to Article 7, Section 4 of the Constitution of Indiana to exercise original jurisdiction in the admission to the practice of law and the discipline or disbarment of those admitted, Rules 3 and 29 of the Indiana Rules for Admission to the Bar and Discipline of Attorneys are amended to
read as follows (deletions shown by striking and new text shown by underlining            ):

RULE 3. ADMISSION OF ATTORNEYS

    Section 1. Admission of Attorneys.

    The Supreme Court shall have exclusive jurisdiction to admit attorneys to practice in Indiana. Admission by the Court shall entitle attorneys to practice in any of the courts of this state.

    A member of the Bar of another state or territory of the United States, or District of Columbia, may appear, in the trial court's sole discretion, in Indiana trial courts in any particular proceeding for a temporary period so long as said attorney appears with local Indiana counsel after petitioning the trial court for the courtesy and disclosing in said petition all pending causes in Indiana in which said attorney has been permitted to appear. Local counsel shall sign all briefs, papers and pleadings in such cause and shall be jointly responsible therefor.

    In the Supreme Court and Court of Appeals, only members of the bar of this state may appear and represent parties before said court; provided, however, that any member of the bar of another state in good standing may appear with a member of the bar of this state by special permission of such court in such proceeding, but all pleadings, briefs and other papers must be signed by a member of the bar of this state, and such member of the bar shall be responsible for such papers and all

statements therein, as well as the receipt of any transcript or other papers or files of the court.

     Section 2. Limited Admission on Petition.

    (a) Requirements for Limited Admission on Petition.

    A member of the bar of another state or territory of the United States, or the District of Columbia, may appear in the Supreme Court, the Court of Appeals, the Tax Court, or the trial courts of this state in any particular proceeding, if the court before which the attorney wishes to appear determines that there is good cause for such appearance and each of the following conditions is met:

        (1) A member of the bar of this state has appeared and agreed to act as co-counsel.

        (2) The attorney is not a resident of the state of Indiana, regularly employed in the     state of Indiana, or regularly engaged in business or professional activities in the state of     Indiana.

        (3) The attorney files a verified petition stating:

            (i) The attorney's residential address, office address, and the name and         address of the attorney's law firm or employer, if applicable;

            (ii) The states or territories in which the attorney has ever been licensed to         practice law, including the dates of admission to practice and any attorney registration         numbers;

            (iii) That the attorney is currently a member in good standing in all              jurisdictions listed in (ii);

            iv) That the attorney has never been suspended, disbarred or resigned as a result of a disciplinary charge, investigation, or proceeding from the practice of law in any jurisdiction; or, if the attorney has been suspended, disbarred or resigned from the practice of law, the petition shall specify the jurisdiction, the charges, the address of the court and disciplinary authority which imposed the sanction, and the reasons why the court should grant limited admission not withstanding prior acts of misconduct;

            (v) That no disciplinary proceeding is presently pending against the attorney         in any jurisdiction; or, if any proceeding is pending, the petition shall specify the         jurisdiction, the charges and the address of the disciplinary authority investigating the         charges. An attorney admitted under this rule shall have the continuing obligation         during the period of such admission promptly to advise the court of a disposition made         of pending charges or the institution of new disciplinary proceedings;

            (vi) A list of all proceedings, including caption and cause number, in which         the attorney, or any member of a firm with which the attorney is currently affiliated,

has appeared in any of the courts of this state during the last five years. Absent special circumstances, repeated appearances by any person or by members of a single law firm pursuant to this rule shall be cause for denial of the petition;

            (vii) A demonstration that good cause exists for the appearance. Good cause         shall include at least one of the following:
                
                (a) the cause in which the attorney seeks admission involves a complex             field of law in which the attorney is a specialist, or
                
                (b) there has been an attorney-client relationship with the client for an             extended period of time, or
                
                (c) there is a lack of local counsel with adequate expertise in the field             involved, or
                
                (d) the cause presents questions of law involving the law of the foreign             jurisdiction in which the applicant is licensed, or
                
                (e) such other reason similar to those set forth in this subsection as             would present good cause for the pro hac vice admission.

            (viii) A statement that the attorney has read and will be bound by the Rules         of Professional Conduct adopted by the Supreme Court, and that the attorney consents to the jurisdiction of the State of Indiana, the Indiana Supreme Court, and the Indiana Supreme Court Disciplinary Commission to resolve any disciplinary matter that might arise as a result of the representation.

            (ix) A statement that the attorney will file a Notice of Pro Hac Vice Admission         with the clerk of this court in compliance with Section (b) of this rule within         thirty (30) days after the court grants permission to appear in the proceeding.

    (b) Notice of Pro Hac Vice Status.

    All attorneys admitted pro hac vice under the provisions of Section 2(a) shall file a Notice with the clerk of this court within thirty (30) days after a court grants permission to appear in the proceeding. Failure to file the notice within the time specified will result in automatic exclusion from practice within this state. The notice shall include the following:

        (1) A current statement of good standing issued to the attorney by the highest court     in each jurisdiction in which the attorney is admitted to practice law;

        (2) A copy of the verified petition requesting permission to appear in the court     proceedings, along with the court order granting permission;

        (3) A list of all grievances, petitions, or complaints filed against the attorney with any

    disciplinary authority of any jurisdiction, with the determination thereon.

    (c) Registration Fee for Attorney Admitted Pro Hac Vice.

    The attorney shall pay, during the pendency of the proceedings, the annual registration fee required of members of the bar of this state as set out in Admission and Discipline Rule 23, Section 21.

    (d) Responsibilities of Attorneys.

    Members of the bar of this state serving as co-counsel under this rule shall sign all briefs, papers and pleadings in the cause and shall be jointly responsible therefor. The signature of co- counsel constitutes a certificate that, to the best of co-counsel's knowledge, information and belief, there is good ground to support the signed document and that it is not interposed for delay or any other improper reason.

RULE 29. MANDATORY CONTINUING LEGAL EDUCATION

    . . .
    

    SECTION 3. EDUCATION REQUIREMENTS.

    (a) Every attorney and every judge of a city, town or Marion County small claims court, who is not licensed as an attorney, shall complete no less than six (6) hours of approved continuing legal education each year and shall complete no less than thirty-six (36) hours of approved continuing legal education each Educational Period. At least three (3) hours of approved continuing legal education in professional responsibility shall be included within the hours of continuing legal education required during each three (3) year Educational Period. Such hours may be integrated as part of a substantive program or as a free standing program. All credits for a single educational activity will be applied in one (1) calendar year. No more than twelve (12) hours of the Educational Period requirement shall be filled by Non Legal Subject Matter Courses.

    (b) Attorneys admitted to the Indiana Bar before December 31 ,1998, on the basis of successfully passing the Indiana Bar examination, shall have a grace period of three (3) years commencing on January 1 of the year of admission and then shall commence meeting the minimum yearly and Educational Period requirements thereafter. Attorneys admitted after December 31, 1998, shall commence meeting the yearly and Educational Period requirements starting on January 1 after the year of their admission by completing programs designated by the Commission as appropriate for new lawyers.

    (c) Attorneys admitted on foreign license or attorneys who terminate their inactive status shall have no grace period. Their first three year Educational Period shall commence on January 1 of the year of admission or termination of inactive status.


    (d) For judges of city, town and Marion County small claims courts, who are not attorneys, the first three year Educational Period shall commence on January 1 of the first full calendar year in office.

    A judge who fails to comply with the educational requirements of this rule shall be subject to suspension from office and to all sanctions under Section 10. A judge so suspended shall be automatically reinstated upon compliance with Section 10(b) "Reinstatement Procedures". The Commission shall issue a statement reflecting reinstatement which shall also be sent to the Clerk to show on the Roll of Attorneys that the judge is in good standing.

    These amendments shall be effective January 1, 1999.
    The Clerk of this Court is ORDERED to forward a copy of this order to the Clerk of each Circuit Court in the State of Indiana; Attorney General of Indiana; Legislative Services Agency and its Office of Code Revision; Administrator, Supreme Court of Indiana; Administrator, Indiana Court of Appeals; Administrator, Indiana Tax Court; Public Defender of Indiana; Indiana Supreme Court Disciplinary Commission; Indiana Supreme Court Commission for Continuing Legal Education; Indiana Board of Law Examiners; Indiana Judicial Center; Division of State Court Administration; the libraries of all law schools in the state; The Michie Company; and West Publishing Company.
    West Publishing Company is directed to publish this order in the advance sheets of this Court.
    The Clerks of the Circuit Courts are ORDERED to bring this order to the attention of all judges within their respective counties and to post this order for examination by the Bar and general public.
    DONE at Indianapolis, Indiana, this _____ day of December, 1998.
                            FOR THE COURT

                            ______________________________
                            Acting Chief Justice of Indiana

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