Rule 1.9A - Pro hac vice appearance of counsel for arbitration proceedings(a)approval to appear pro hac vice.(1) An attorney not licensed in hawai'i, but who is admitted to practice and in good standing with the highest court of a state or territory of the united states or the district of columbia, may associate with a licensed hawai'i attorney (hawai'i attorney) to represent parties in the course of or in connection with an arbitration proceeding in hawai'i that concerns a legal dispute over a hawai'i-related matter, provided that the petition to appear, accompanied by the materials set forth in subsection (b) of this rule, is approved in writing by the arbitrator or, if there are multiple arbitrators, a majority of the arbitrators. (2) If the subject arbitration results in a judicial proceeding, the outof- state attorney must comply with Rule 1.9 of these Rules to appear as counsel in the court proceeding.(b)Contents of the application or petition. The Hawai'i attorney to the arbitration shall submit to the arbitrator(s) in the subject arbitration a petition for pro hac vice appearance by the out-of-state attorney, and shall serve the petition upon all parties to the arbitration, along with the following in support of the petition:(1) REQUIRED INFORMATION. The petition shall provide the following information: (A) the case name and number, the name of the arbitrator(s), and the arbitral forum for the proceeding in which the out-of-state attorney seeks to appear;(B) the out-of-state attorney's law firm name, office address, email address, and telephone number;(C) the courts in which the out-of-state attorney has been admitted to practice and the dates of admission; and(D) the title of all courts and other forums in Hawai'i in which the out-of-state attorney has sought to appear as counsel pro hac vice in the preceding five years (including but not limited to petitions pursuant to this Rule); the name and number of each such case or proceeding; the date of each application or petition; and whether or not the application or petition was approved. If the attorney has made more than one appearance as counsel in Hawai'i during the preceding five years, the petition shall reflect the special circumstances that warrant the approval of the attorney's appearance in the subject arbitration.(2) REQUIRED DECLARATION BY OUT-OF-STATE ATTORNEY. In addition, the out-of-state attorney shall provide a declaration establishing under penalty of law, that the out-of-state attorney: (A) is in good standing before the courts where the attorney's license to practice law is active;(B) is not currently, and has not been in the past, suspended or disbarred from the practice of law before any court or has otherwise been disciplined or, if the attorney has been disciplined or is subject to a pending disciplinary proceeding, providing material information about those proceedings;(C) is not a resident of the State of Hawai'i, and is not regularly engaged or employed as an attorney in Hawai'i;(D) if given approval to represent a party in the arbitration, agrees to be subject to the jurisdiction of the courts of this state with respect to the laws of this state governing the conduct of attorneys, including the disciplinary jurisdiction of the supreme court and the Disciplinary Board of the Hawai'i Supreme Court, and will comply with applicable Hawai'i laws, arbitration rules, the Hawai'i Rules of Professional Conduct, and the Guidelines of Professional Courtesy and Civility for Hawai'i Lawyers;(E) if employed by an entity that is subject to the business registration requirements of the Department of Commerce and Consumer Affairs (DCCA), the out-of-state attorney has attached a copy of the certificate of good standing issued by the DCCA's business registration division for the out-of-state attorney's employer that is dated within 10 days of the petition or motion, or in the alternative includes an affirmation that the out-of-state attorney 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;(F) has obtained a general excise tax license from the Department of Taxation for the State of Hawai'i, along with the general excise tax license number, 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 out-of-state attorney that the requirements of this sub-section (F) do not apply; and(G) designates the Hawai'i attorney as agent for service of any Hawai'i disciplinary process.(3) REQUIRED DECLARATION BY HAWAI.I ATTORNEY. The Hawai'i attorney submitting the petition shall provide a declaration under penalty of law that establishes:(A) the business address, e-mail address and address for service of documents for the Hawai'i attorney;(B) the Hawai'i attorney is the attorney of record and is responsible for all phases of the subject arbitration;(C) where the Hawai'i attorney is employed by an entity that is subject to the business registration requirements of the Department of Commerce and Consumer Affairs (DCCA), the Hawai'i attorney has attached a copy of the certificate of good standing issued by the DCCA's business registration division for the Hawai'i attorney's employer that is dated within 10 days of the petition or motion, or in the alternative includes an affirmation that the Hawai'i attorney 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 Hawai'i attorney has obtained a general excise tax license from the Department of Taxation for the State of Hawai'i, along with the general excise tax license number, and an affirmation that the Hawai'i attorney 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 Hawai'i attorney that the requirements of this subsection (D) do not apply.(c)Disposition of the petition.(1) The arbitrator(s) shall respond to the petition in writing. The arbitrator(s) may approve the petition if the requirements in subsection (b) of this Rule have been satisfied. The petition shall be disapproved for failure to submit and serve the petition as described in subsection (b) of this Rule. In the absence of special circumstances, multiple appearances as counsel in Hawai'i during the preceding five years may be grounds for disapproval of the petition and disqualification from serving as an attorney in the subject arbitration. Upon written approval of the petition by the arbitrator(s), the Hawai'i attorney shall forthwith submit a copy of the order approving the petition, along with a copy of the petition, to the Hawai'i State Bar and the Office of Disciplinary Counsel.(2) The arbitrator(s) in the subject arbitration or the supreme court may revoke the permission for the attorney to appear in the subject arbitration if the attorney submitted a declaration containing false information or a material omission, violated Hawai'i law, violated the Hawai'i Rules of Professional Conduct, or violated an order of the arbitrator(s).(d)Duties of the pro hac vice attorney.(1) The out-of-state attorney admitted pro hac vice in an arbitration shall pay to the Hawai'i State Bar the annual Disciplinary Board fee and the annual Lawyers' Fund for Client Protection fee authorized by the supreme court, provided that if the attorney is allowed to appear in more than one case, only one set of annual fees shall be paid. The Hawai'i State Bar may assess a reasonable fee to register and collect these fees on an annual basis. Proof of payment of the required fees shall be served on the arbitrator(s), the parties to the subject arbitration, the arbitral forum, and the Office of Disciplinary Counsel. For each subsequent year that the approved petition is effective, the out-of-state attorney shall pay the annual fees in January and serve proof of payment upon the arbitrator(s), the parties to the subject arbitration, the arbitral forum, and the Office of Disciplinary Counsel.(2) Failure to pay the annual fees within 10 days after entry of the order approving the petition, and in January of each subsequent year, renders the order approving the petition no longer valid, and a new petition must be filed.(3) The out-of-state attorney shall notify the Hawai'i attorney, the arbitrator(s), and the parties to the subject arbitration when there is any material change to the information provided under subsections (b)(1) and (b)(2) of this Rule.(e)Duties of the Hawai'i attorney.(1) The Hawai'i attorney shall sign all pleadings, motions, briefs, or any other documents submitted in the subject arbitration, and shall participate actively in all phases of the arbitration and be prepared to go forward with the arbitration as required. Service of all documents, including pleadings, shall be upon the Hawai'i attorney and shall constitute service upon the out-of-state attorney and their client(s).(2) The Hawai'i attorney shall notify the Hawai'i State Bar and the Office of Disciplinary Counsel when the engagement of the out-of-state attorney is terminated, the arbitration is completed or the order approving the petition is no longer valid.(f)Unauthorized practice of law. An attorney not licensed in Hawai'i who fails to obtain approval to represent a party in an arbitration proceeding as required by this Rule, and who proceeds to represent a party in an arbitration 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. (g)The pro hac vice attorney is subject to Hawai'i jurisdiction. An attorney approved to appear in an arbitration proceeding under this Rule is subject to the jurisdiction of Hawai'i courts with respect to all applicable Hawai'i laws and rules to the same extent as any other attorney admitted to practice in this state. The attorney approved to appear in an arbitration proceeding under this Rule is also subject to the disciplinary jurisdiction of the supreme court and the Disciplinary Board of the Hawai'i Supreme Court.(h)Limits of this Rule.(1) Any party to an arbitration arising under a collective bargaining agreement subject to either state or federal law may be represented in the course of and in connection with those proceedings by any person, regardless of whether that person is licensed to practice law in Hawai'i, if the representation is consistent with the laws governing such proceedings.(2) This Rule does not apply to proceedings before state or federal administrative boards or agencies that are authorized to establish their own rules governing the practice of out-of-state attorneys before those bodies.(3) This Rule does not negate the rights of parties to be represented by a person of their choosing so long as that right is established as a matter of a specific state or federal law.Adopted August 29, 2018, effective 1/1/2019; amended November 7, 2022, effective 1/1/2023; amended April 16, 2024, effective 7/1/2024.