Rule 1.9 - Pro hac vice appearance of counsel for court proceedings(a) Any attorney actively licensed to practice law by the highest court of a state or territory of the United States or the District of Columbia may be permitted to associate with a member or members of the Hawai'i bar (local counsel) in the presentation of a specific case at the discretion of the presiding judge or judges. (1) The petition or motion for pro hac vice appearance and any subsequent documents submitted on behalf of a party must be filed by local counsel and must comply with subsection (b) of this Rule. An attorney allowed to appear pro hac vice in a case may continue on appeal or upon remand in the same case without filing a new petition or motion for pro hac vice admission so long as the attorney complies with all applicable Hawai'i statutes, laws, and rules of the court in addition to other provisions of this Rule. (2) An attorney allowed to appear pro hac vice shall, for each year the order is effective, pay to the Hawai'i State Bar an annual Disciplinary Board fee authorized by the supreme court, provided that if the attorney is allowed to appear in more than one case, only one fee shall be paid. The Hawai'i State Bar may assess a reasonable fee to register and collect this fee on an annual basis. Within 10 days after entry of an order granting a petition or motion for pro hac vice appearance, and also within 10 days of making subsequent fee payments in January of each year, the attorney shall file proof of payment of the required fees in the record of the court in which the case is then pending.(3) Failure to pay the required fees within 10 days after entry of the order approving the petition or motion, and in January of each subsequent year, renders the order approving the petition or motion no longer valid, and a new petition or motion must be filed.(b) Local counsel shall file the petition or motion for pro hac vice appearance in the court to which the authorization to appear is sought and provide a copy to the Office of Disciplinary Counsel. The petition or motion shall be supported by: (1) the declaration of local counsel that establishes the following under penalty of law: (A) local counsel's business address and address for service of documents;(B) that local counsel is to be the attorney of record and is responsible for all phases of the litigation; (C) where local counsel is employed by an entity that is subject to the business registration requirements of the Department of Commerce and Consumer Affairs (DCCA), the local counsel has attached a copy of the certificate of good standing issued by the DCCA's business registration division for local counsel's employer that is dated within 10 days of the petition or motion, or in the alternative an affirmation that the local counsel is not subject to the DCCA's business registration requirements along with an explanation sufficient to apprise the court of the reasons for the exemption; and(D) the local counsel's general excise tax license number issued by the Department of Taxation for the State of Hawai'i, and an affirmation that the local counsel will pay all state income tax and general excise tax due for all business activities in the State of Hawai'i, or in the alternative an explanation from local counsel that the requirements of this sub-section (D) do not apply.(2) the declaration of the applicant for pro hac vice admission that establishes the following under penalty of law: (A) the applicant's business address, e-mail address, the name of the law firm the attorney is associated with and the address of the law firm;(B) every state and federal jurisdiction to which the applicant has been admitted to practice law and a statement attesting that the attorney is in good standing in those jurisdictions;(C) that the applicant is not currently, and has not been, suspended or disbarred from the practice of law before any court or otherwise disciplined, and if the applicant has been disciplined or is subject to a pending disciplinary proceeding, material information about those proceedings must be provided;(D) the title and case number of each case, and the court or other forum in this state, in which the applicant has sought and/or been allowed to appear pro hac vice and the present status of each case; (E) if the applicant has made more than one appearance as counsel in Hawai'i during the preceding five years, the special circumstances that warrant the approval of the applicant's appearance in the subject case;(F) that, if admitted, the applicant will comply with all applicable Hawai'i statutes, laws, and rules of the courts including the Hawai'i Rules of Professional Conduct and Guidelines of Professional Courtesy and Civility for Hawai'i Lawyers;(G) that, if admitted, the applicant shall be subject to all applicable Hawai'i statutes, laws, rules of the court, and the Hawai'i disciplinary process with respect to any acts or omissions occurring during representation pursuant to this Rule;(H) where the applicant is employed by an entity that is subject to the business registration requirements of the Department of Commerce and Consumer Affairs (DCCA), the applicant has attached a copy of the certificate of good standing issued by the DCCA's business registration division for the applicant's employer that is dated within 10 days of the petition or motion, or in the alternative an affirmation that the applicant is not subject to the DCCA's business registration requirements along with an explanation sufficient to apprise the court of the reasons for the exemption ;(I) the applicant's general excise tax license number issued by the Department of Taxation for the State of Hawai'i, and an affirmation that the applicant will pay all state income tax and general excise tax due for all business activities in the State of Hawai'i, or in the alternative an explanation from the applicant that the requirements of this sub-section (I) do not apply; and(J) designation of local counsel as agent for service of Hawai'i disciplinary process.(c) An attorney approved to appear pro hac vice pursuant to this Rule is subject to the jurisdiction of Hawai'i courts with respect to all applicable Hawai'i statutes, laws, and rules of the courts to the same extent as any other attorney admitted to practice in the courts of this state. The attorney approved to appear pro hac vice is subject to the disciplinary jurisdiction of the supreme court. The court in which an attorney is approved to appear pro hac vice or the supreme court may, for violations of Hawai'i law, the Hawai'i Rules of Professional Conduct, or orders of the court, revoke the permission for the attorney to appear pro hac vice, or impose any other appropriate sanction.(d) Local counsel of record shall sign all pleadings, motions, briefs, or any other documents submitted in the case, and shall participate actively in all phases of the case and be prepared to go forward with the case as required. Service of all documents, including pleadings, shall be upon local counsel, and shall constitute service upon pro hac vice counsel and their client(s).(e) Local counsel shall provide a copy of the order allowing the appearance of counsel pro hac vice to the Hawai'i State Bar and the Office of Disciplinary Counsel, and shall notify the Hawai'i State Bar and the Office of Disciplinary Counsel when the pro hac vice attorney's involvement is terminated, the case is closed, or the order granting pro hac vice admission is no longer valid.(f) An attorney not licensed in Hawai.i who fails to obtain approval to represent a party in a court proceeding as required by this Rule, and who proceeds to represent a party in a court proceeding, is subject to the disciplinary jurisdiction of the supreme court and may be subject to referral to appropriate authorities for potential violation of Hawaii Revised Statutes § 605-14 (Unauthorized practice of law prohibited) and other applicable laws.Amended September 5, 1996, effective 10/1/1996; further amended October 21, 1996, effective 10/1/1996; further amended and effective 10/27/1997; further amended July 25, 2007, effective 1/1/2008; further amended August 30, 2010, effective 9/27/2010; further amended May 14, 2015, effective 7/1/2015; amended February 15, 2018, effective 7/1/2018; amended August 29, 2018, effective 1/1/2019; amended November 7, 2022, effective 1/1/2023; amended April 16, 2024, effective 7/1/2024.