New Form for Pro Hac Vice Applicants Issued
New Form Issued by the Judicial Branch
We can thank the Judicial Branch for another form for Connecticut state practice. JD-CL-143, Affidavit of Attorney Seeking Permission to Appear Pro Hac Vice is now available. Since the transition to a nearly 100% e-filing system, the Judicial Branch has promulgated a number of forms, including online forms, as part of JIS (the Judicial Information System). The Quality Assurance (“QA”) process in the Clerk’s office checks documents after filing to make sure that the document filed complies with the form requirements of the Practice Book or local practice. The sponsoring attorney needs to complete JD-CL-141, Motion/Application for Permission for Attorney to Appear Pro Hac Vice in a Court Case.
Important Items on the Form
As discussed in the earlier articles on state court pro hac vice admissions, getting admitted is nuanced and full of traps for the unwary. The form goes a long way in eliciting the information needed for admission. Aside from the basic biographical information and prior disciplinary inquiry, the form also covers whether the applicant has appeared in prior cases pro hac vice. Additionally, the form seeks information to establish the “good cause” required by Conn. Prac. Bk. §2-16. Remember, pro hac vice admission is not supposed to be habitual. Rather, any application should be “upon special and infrequent occasion and for good cause shown.” See Conn. Prac. Bk. §2-16.
Not just for Court Cases
After the amendments to Conn. Prac. Bk. §2-16, pro hac vice admission is not just for court cases, but includes appearances before any state or municipal agency, commission, board, or tribunal. Form JD-CL-142 is the form employed for this purpose. The attorney seeking admission will still need to complete Form JD-CL-143, Affidavit of Attorney Seeking Permission to Appear Pro Hac Vice. Additionally, a separate civil application is made with the Superior Court for approval.
Without Permission, you can’t go it alone as pro hac vice counsel
Don’t forget, the default standard in Connecticut requires local counsel to “be present at all proceedings, including depositions in a proceeding, and must sign all pleadings, briefs and other papers filed with the court, agency, commission, board, or tribunal named above, and assume full responsibility for them and for the conduct of the cause or proceeding and of this Affiant.” Sometimes a court will permit pro hac vice counsel to attend certain events without local Connecticut counsel present, the local Connecticut counsel must still sign all the pleadings, briefs and papers filed and assume responsibility for them, as well as for the conduct of counsel admitted pro hac vice.
QUESTIONS?
If you have a question or concern about appearing pro hac vice in state court or federal court in Connecticut, local counsel services, or appearing as a visiting lawyer before a state agency or in an arbitration proceeding, please feel free to call Attorney John Radshaw in New Haven today at (203) 654-9695. For more information about Attorney Radshaw and his practice, visit www.jjr-esq.com.