Ohio Pro Hac Vice
Rule XII of the Supreme Court Rules for the Government of the Bar of Ohio provides the rule regarding admission for attorneys licensed in other jurisdictions who are seeking pro hac vice admission.
A tribunal may grant pro hac vice admission for an out-of-state attorney. A “tribunal” is a court, legislative body, administrative agency, or other body acting in an adjudicative capacity. A legislative body, administrative agency, or other body acts in an adjudicative capacity when a neutral official, after the presentation of evidence or legal argument by a party or parties, will render a binding legal judgment directly affecting a party’s interests in a particular matter. A “proceeding” is defined as an adjudicative matter pending before a tribunal.
Attorneys seeking pro hac vice admission before the Ohio Supreme Court must follow Rule 1.2 of the Ohio Supreme Court Rules.
Eligibility
Out-of-state attorneys must be admitted to practice in the highest court of a state, commonwealth, territory, or possession of the United States or the District of Columbia or a foreign state and must be in good standing.
Attorneys cannot reside nor be regularly employed at an office in Ohio, unless the attorney is registered for corporate status under the Ohio House Counsel Rules. Attorneys may reside in Ohio but lawfully practice from an office in one or more other states or he or she may maintain an office or other systematic and continuous presence in Ohio pursuant to the Ohio Multijurisdictional Practice Rule 5.5(d)(2), which relates to legal services authorized by federal law or other Ohio law. Attorneys may also have permanently relocated to Ohio in the past 120 days and are currently an applicant pending bar admission under Gov. Bar. R. I.
Attorneys cannot have failed the Ohio Bar Exam or been denied Ohio Admission Without Exam or have had an application for admission in Ohio denied on character and fitness grounds pursuant to Gov. Bar. R. I within the past five years.
Practice
Attorneys cannot participate pro hac vice in more than three proceedings in the same calendar year that the application is filed. If the proceeding continues to the next calendar year, the proceeding does not count toward the annual limitation. Appeals from a trial court, appeals court, administrative agency order, a transfer of an action to a court of competent jurisdiction, or the consolidation of two or more cases where the attorney participated in the initial proceeding are not counted toward the annual limitation. Participation in a proceeding for the first time counts toward the limitation.
Attorneys must renew their permission to appear as of the first day of the new calendar year and have to pay the $100 renewal fee. The renewal fee is due on January 31 and will be provided to the Office of Attorney Services with an updated registration form. Failing to pay the renewal fee and new registration results in automatic exclusion from practice in Ohio. The Office of Attorney Services will, by certified mail, notify all tribunals where the attorney has appeared regarding the attorney’s exclusion.
If the particular proceeding has concluded or the attorney has withdrawn from the proceeding, the attorney must notify the Office of Attorney Services by January 31.
Out-of-state attorneys must associate with an Ohio lawyer who is in good standing. Attorneys are subject to the Rules of Professional Conduct and disciplinary procedures.
Application
Attorneys are required to Apply for Registration and submit an Attorney Affidavit with the Supreme Court Office of Attorney Services and pay an annual $100 registration fee. The registration may be completed online. Attorneys representing an amicus curiae in support of an indigent defendant in a criminal matter may file for a waiver of the annual registration fee.
Attorney Services will send the attorney a pro hac vice certificate. Attorneys must then file a Motion with the particular court or tribunal with the pro hac vice certificate. The motion is served on all parties and attorneys of record.
Any party to a proceeding may object to the pro hac vice motion in a manner and method prescribed by the tribunal, and a tribunal may order a hearing on a motion to appear pro hac vice and enter an order granting or denying the motion. Attorneys granted permission to appear pro hac vice are required to file a Notice of Permission to Appear Pro Hac Vice with the Office of Attorney Services within 30 days after the tribunal grants the permission to appear. The notice includes copies of the tribunal’s order granting permission. Failure to file the notice results in automatic exclusion from practice within Ohio. The Office of Attorney Services will, by certified mail, notify all tribunals where the attorney has appeared regarding the attorney’s exclusion.
Attorneys are required to inform each tribunal where the attorney has been granted permission to appear pro hac vice of any disciplinary action taken against the attorney since the date permission was granted.
Attorneys already appearing pro hac vice may file a motion with a tribunal for permission to appear pro hac vice instanter if the attorney has previously filed an application with the Office of Attorney Services and the attorney is required to appear in a proceeding fewer than five business days from the date of filing the application. Attorneys must attach a time stamped copy of the application to the motion to be granted permission to appear pro hac vice instanter.
Please see the Step-by-Step Instructions located in the Ohio FAQ section and the Ohio Pro Hac Vice Flowchart for more information regarding the pro hac vice application procedure.
Termination and Reinstatement
Attorneys are automatically excluded from practice in Ohio if they fail to file a Notice of Permission to Appear Pro Hac Vice or fail to pay a renewal fee. Attorneys may file a Petition for Reinstatement with the Office of Attorney Services. The Petition describes the circumstances that resulted in the automatic exclusion, including a list of all proceedings where the attorney had been permitted to appear pro hac vice, and must also include the appropriate Notice of Permission to Appear Pro Hac Vice or renewal registration fee. The Office of Attorney Services will inform all tribunals where the attorney appeared by certified mail if the attorney is reinstated.