Student Practice Rule

(a) Appearance by Law Student. With the Court’s leave, an eligible law student acting under a supervising attorney may appear in a particular case on any party’s behalf, except a case in which any party is under or is potentially subject to a sentence of death. This Rule does not apply to students assisting privately retained counsel. (b) Eligibility of Student. To be eligible to appear and participate in any case, a law student must: 10 (1) be a student in good standing in a law school approved by the American Bar Association; (2) have completed legal studies amounting to at least four semesters, or the equivalent if the school is on some basis other than a three-year, six-semester basis; (3) have completed and received a passing grade in courses in criminal procedure and criminal law; (4) neither ask for nor receive any compensation or remuneration of any kind from the person on whose behalf the services are rendered; and (5) be familiar with the UCMJ and the Rules of the Court. (c) Supervising Attorney Requirements. A supervising attorney must: (1) be an attorney of record in the case; (2) be a member in good standing of the Bar of the Court; (3) have been admitted to practice for a minimum of two years and have argued in at least one case before the Court or argued at least three cases before state courts, federal appellate courts, or a Court of Criminal Appeals; (4) approve in writing the appearance by the law student and agree to supervise the student; (5) not supervise more than five students in cases before the Court at any one time; (6) appear with the student in any oral presentations before the Court; (7) assume personal professional responsibility for the student’s work in matters before the Court, including reading, approving, and signing all documents filed with the Court; (8) if representing the accused, be available to consult with the client; and (9) neither ask for nor receive any compensation or remuneration of any kind from the party on whose behalf the services are rendered. (d) Authorization and Certification. (1) The party on whose behalf the student appears must consent to the representation by that student in writing. (2) Before commencing student representation in any case under this Rule, the prospective supervising attorney must file a motion for leave to allow student representation in that case. The motion must affirm that the provisions of this Rule have been met and that, in counsel’s view, the case is an appropriate one for student representation. The written consent, approval, and certification referred to above must be attached to the motion. No answer will be allowed except with leave of the Court. The Court 11 will decide, using its discretion on a case-by-case basis, whether to allow the student representation. (e) Activities. Upon fulfilling the requirements of this Rule, the student may enter an appearance in a case and: (1) assist in the preparation of briefs and other documents to be filed with the Court; and (2) participate in oral argument, but only in the presence of the supervising attorney. (f) Exceptions. Nothing in this Rule precludes the Government or any agency, firm, or organization from compensating a law student for services rendered under this Rule. [Rescinded January 1, 2007]