Any attorney who causes a case to be docketed in this Court or who enters an appearance in this Court, and who is not already admitted to the Bar of the Court, shall simultaneously apply for admission. (Rev. 7/93) CIRCUIT RULE 46-2 ATTORNEY SUSPENSION, DISBARMENT OR OTHER DISCIPLINE (a) Conduct Subject to Discipline. This Court may impose discipline on any attorney practicing before this Court who engages in conduct violating applicable rules of professional conduct, or who fails to comply with rules or orders of this Court. The discipline may consist of disbarment, suspension, reprimand, counseling, education, a monetary penalty, restitution, or any other action that the Court deems appropriate and just. (b) Initiation of Disciplinary Proceedings Based on Conduct Before This Court. The Chief Judge or a panel of judges may initiate disciplinary proceedings based on conduct before this Court by issuing an order to show cause under this rule that identifies the basis for imposing discipline. (c) Reciprocal Discipline. An attorney who practices before this Court shall provide the Clerk of this Court with a copy of any order or other official notification that the attorney has been subjected to suspension or disbarment in another jurisdiction. When this Court learns that a member of the bar of this Court has been disbarred or suspended from the practice of law by any court or other competent authority or resigns during the pendency of disciplinary proceedings, the Clerk shall issue an order to show cause why the attorney should not be suspended or disbarred from practice in this Court. (d) Response. An attorney against whom an order to show cause is issued shall have twenty-eight (28) days from the date of this order in which to file a response. The attorney may include in the response a request for a hearing pursuant to Federal Rule of Appellate Procedure 46(c). The failure to request a hearing will be deemed a waiver of any right to a hearing. The failure to file a timely response may result in the imposition of discipline without further notice. (e) Hearings on Disciplinary Charges. If requested, the court will hold a hearing on the disciplinary charges, at which the attorney may be represented by counsel. The Court may refer the matter to an appellate commissioner or other judicial officer to conduct the hearing. In appropriate cases, the court may appoint an attorney to prosecute charges of misconduct. (f) Report and Recommendation. If the matter is referred to an appellate commissioner or other judicial officer, that judicial officer shall prepare a report and recommendation. The report and recommendation shall be served on the attorney, and the attorney shall have twenty-one (21) days from the date of the order within which to file a response. The report and recommendation together with any response shall be presented to a three-judge panel. (g) Final Disciplinary Action. The final order in a disciplinary proceeding shall be issued by a three-judge panel. If the court disbars or suspends the attorney, a copy of the final order shall be furnished to the appropriate courts and state disciplinary agencies. If the order imposes a sanction of $1,000 or more, the court may furnish a copy of the order to the appropriate courts and state disciplinary agencies. If a copy of the final order is distributed to other courts or state disciplinary agencies, the order will inform the attorney of that distribution. (h) Reinstatement. A suspended or disbarred attorney may file a petition for reinstatement with the Clerk. The petition shall contain a concise statement of the circumstances of the disciplinary proceedings, the discipline imposed by this Court, and the grounds that justify reinstatement of the attorney. (i) Monetary Sanctions. Nothing in the rule limits the Court’s power to impose monetary sanctions as authorized under other existing authority. (New 1/1/2002) CIRCUIT ADVISORY COMMITTEE NOTE TO RULE 46-2 The Court may impose monetary sanctions as follows: (1) Against a party, its counsel, or both under FRAP 38, where the Court determines that “an appeal is frivolous, it may award just damages and single or double costs to the appellee.” (2) Against a party, its counsel, or both under 28 U.S.C. Section 1912, “[w]here a judgment is affirmed by . . . a court of appeals, the court in its discretion may adjudge to the prevailing party just damages for his delay, and single or double costs.” (3) Under 28 U.S.C. Section 1927, where counsel “so multiplies the proceedings in any case unreasonably or vexatiously” counsel “may be required by the court to satisfy personally the excess costs, expenses and attorneys’ fees reasonably incurred because of such conduct.” (4) Under Circuit Rules 17-2 and 30-2, against counsel who “vexatiously and unreasonably increases the cost of litigation by inclusion of unnecessary material in the excerpts of record.” (5) Under Circuit Rule 42-1, against counsel for “failure to prosecute an appeal to hearing as required” by FRAP and the Circuit Rules. (6) Against counsel for failure to comply with the requirements of FRAP 28 and Circuit Rules 28-1 through 28-3, dealing with the form and content of briefs on appeal. See e.g., Mitchel v. General Electric Co., 689 F.2d 877 (9th Cir. 1982). (7) Against counsel for conduct which violates the orders or other instructions of the Court, or for failure to comply with the Federal Rules of Appellate Procedure or any Circuit Rule. (8) Under the inherent powers of the Court. See e.g., Chambers v. Nasco, Inc., 501 U.S. 32, 45-50 (1991). (9) As a form of discipline under FRAP 46(c) and Circuit Rule 46-2, with notice of such sanctions provided to the appropriate courts and state disciplinary agencies when the court deems such notice to be justified. (Rev. 1/1/2002). CIRCUIT RULE 46-3 CHANGE OF ADDRESS Changes in the address of counsel and pro se litigants must be reported to the Clerk of this Court immediately and in writing. CIRCUIT RULE 46-4 PARTICIPATION OF LAW STUDENTS An eligible law student acting under the supervision of a member of the bar of this Court may appear on behalf of any client in a case before this Court with the written consent of the client if the Requirements for Student Practice before this Court are met. The Requirements for Student Practice are available from the Clerk of Court and on the website at http://www.ca9.uscourts.gov. CIRCUIT RULE 46-5 RESTRICTIONS ON PRACTICE BY FORMER COURT EMPLOYEES No former employee of the court shall participate or assist, by way of representation, consultation, or otherwise, in any case that was pending in the Court during the employee’s period of employment. It shall be the responsibility of any former employee, as well as the persons employing or associating with a former employee in the practice of law before this Court, to ensure compliance with this rule. If it is shown that this rule would cause a substantial hardship with reference to a particular case, an attorney who is a former employee may apply to the Court for an exemption. The application must demonstrate that there has been a strict compliance with the rule with reference to the particular case and in all other matters, that the attorney had no direct or indirect involvement with the case during employment with the Court, and that the attorney was not employed or assigned in the chambers of any judge who participated in the case. CIRCUIT RULE 47-1 EFFECTIVE DATE OF RULES The Clerk shall cause these rules to be republished on January 1 and July 1 of each year. Amendments to these rules shall be effective on January 1 or July 1 following their adoption, unless otherwise directed by the Court. CIRCUIT ADVISORY COMMITTEE NOTE TO RULE 47-1 If members of the bar or public have suggestions for new rules or amendments to the rules, such suggestions should be directed to the Clerk of Court who shall take appropriate action. (New Note 7/1/2000) CIRCUIT RULE 47-2 ADVISORY COMMITTEE ON RULES (a) Function. Pursuant to 28 U.S.C. § 2077(b), the Chief Judge shall appoint an advisory committee on Ninth Circuit Court of Appeals rules and internal operating procedures. The committee shall generally provide a forum for ongoing study of the court’s rules and internal operating procedures, including: (1) proposing rule changes and commenting on changes proposed by the court, (2) considering public comments, including comments from the bar, and (3) conducting periodic meeting with members of the bar throughout the circuit and reporting back to the committee and the Court the results and any recommendations arising from such meetings. (Rev. 7/1/2000) (b) Membership. The Chief Judge shall appoint three judges, twelve practitioners and one member of a law faculty to serve on the committee for three years. The attorney members shall be selected in a manner that seeks both representation of the various geographic areas in the circuit and the distinct types of litigation considered by the court. A member of the Lawyer Representatives Coordinating Committee (LRCC) shall be appointed to a two-year term on the Rules committee. That member shall serve as a liaison between the LRCC and Advisory Rules Committee. In addition, if a member of the national Advisory Committee on Appellate Rules is appointed from within the jurisdiction of the Ninth Circuit, that member shall be invited to participate as an ex-officio voting member of the Advisory Rules Committee. (Rev. 7/1/2000) (c) Meetings. The committee shall meet at least once a year and shall have additional meetings as the committee deems appropriate. (New Rule 1/96) APPENDIX OF FORMS Form 1. Notice of Appeal to a Court of Appeals From a Judgment or Order of a District Court

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