Section 16 - Admission Pro Hac Vice(a) An attorney who is not a member of the Bar of the Vermont Supreme Court, but who is admitted to practice law in another state or the District of Columbia (hereinafter called a "nonresident attorney"), and who is not currently suspended or disbarred in any state or the District of Columbia, must file a pro hac vice licensing statement and pay the required fee in accordance with this administrative order prior to filing a motion to be admitted in a particular case pursuant to V.R.C.P. 79.1(e), V.R.Cr.P. 44.2(b), V.R.F.P. 15(e), V.R.P.P. 79.1(d), or V.R.A.P. 45.1(d). (b) The nonresident attorney seeking admission pro hac vice must complete under oath and submit to the State Court Administrator an application on a pro hac vice licensing statement form prescribed by the State Court Administrator. The applicant must attach to the licensing statement a Certificate of Good Standing from a state in which the applicant is admitted. The applicant must complete a separate licensing statement for each case in which the applicant wants to be admitted. The nonresident attorney must pay the fee set in the fee schedule approved by the State Court Administrator; however, the licensing fee may be waived to permit pro bono representation of an indigent client or clients, at the discretion of the State Court Administrator.(c) A pro hac vice licensing card must be filed in the court in which the case is pending along with a motion by a member of the Vermont Bar pursuant to V.R.C.P. 79.1(e), V.R.Cr.P. 44.2(b), V.R.F.P. 15(e); V.R.P.P. 79.1(d) or V.R.A.P. 45.1(d) if not previously filed in that case pursuant to one of the preceding listed rules. (d) A nonresident attorney admitted pro hac vice must comply with and is subject to Vermont statutes and rules of the Vermont Supreme Court, including the Rules of Professional Conduct and the Rules Governing Establishment and Operation of the Professional Responsibility Program.Vt. Admin. Ord. Of. Sup. Ct. 16
Administrative Order 41 was repealed and replaced on May 13, 2017, eff. 5/15/2017; amended July 10, 2023 eff. 10/2/2023.Reporter's Notes-2023 Amendment
Administrative Order 41, § 4(a) is amended to clarify that the attorney licensing statement must be submitted in a manner approved by the State Court Administrator. At the moment, relicensing is done through an online portal and not using a paper form. A user guide and important information about the portal is provided on the Judiciary website. Section 4(c), regarding an attorney's obligation to report any changes to contact information, is amended to clarify that attorneys are responsible for keeping their contact information current and notice sent to the registered email address is sufficient even if not received due to a failure to update the information. Currently, attorney contact information is updated directly in the attorney portal. IOLTA account information is updated by contacting attorney licensing at jud.attylicensing@vermont.gov. The amendment removes the reference to the email being used to send court notices. Court notices are currently sent to the email(s) registered in the eCabinet registration system pursuant to Administrative Order 44.
Administrative Order 41, § 16 is amended to correct a cross reference to Vermont Rule of Appellate Procedure 45.1 regarding appearance of attorneys not admitted in Vermont. The references in § 16(a) and (c) are amended from V.R.A.P. 45.1(e) to V.R.A.P. 45.1(d).