Special Provisions for Consent for Reference of Civil Cases Under 28 U.S.C

§ 636(c). (A) Notice. Unless otherwise directed by the court, the clerk of court shall notify the parties in all civil cases that they may consent to have a magistrate judge conduct any and all proceedings in the case and order the entry of a final judgment. Notice may be provided by attachment of an appropriate form document to the scheduling order or pre-scheduling order.

In categories of cases in which scheduling orders are not generally issued (i.e., cases exempt under Fed. R. Civ. P. 26(a)(1)(B and that are not exempted by the court from this requirement, the clerk of court will forward the notice to all parties after a defendant appears. (B) Execution of Consent. The parties may consent by submitting a proposed consent to reference signed by all parties. (C) Approval.

After the consent forms have been signed and filed, the clerk of court shall transmit a proposed order of reference to the district judge to whom the case has been assigned for approval in his or her discretion. RULES BY DISTRICT COURT ATTORNEYS AND STUDENT PRACTICE 83.I.01: Roll of Attorneys. (A) The bar of this court consists of those attorneys heretofore admitted and those attorneys hereafter admitted as prescribed by Local Civ. Rule 83.I.01- 83.I.03 (D.S.C.). (B) Admission to practice before the district court is a prerequisite to practice in the bankruptcy division.

Any prohibition or limitation on the right to practice shall apply in both divisions absent express limitation in the controlling order. This rule does not preclude the bankruptcy division from imposing additional knowledge requirements (e.g., bankruptcy rules and statutes) for practice in that division or requiring additional training as a condition for authorization to file electronically. 83.I.02: Eligibility. A member in good standing of the bar of the South Carolina Supreme Court is eligible for admission to the bar of this court.

Suspension or revocation of the right to practice by the South Carolina Supreme Court shall automatically effect the same suspension or revocation of the right to practice in this court subject to this court’s reservation of the right to impose greater discipline. See infra RDE II(G). 45 83.I.03: Procedure for Admission. Before being presented to the district court for taking the required oath, an applicant for admission shall certify in a written application that such applicant: (A) Is a member in good standing of the bar of the South Carolina Supreme Court.

(B) Has studied the Federal Rules of Civil and Criminal Procedure, the Federal Rules of Evidence, the South Carolina Rules of Professional Conduct (Rule 407 of the South Carolina Appellate Court Rules), and the Local Civil and Criminal Rules of this court. (C) Has either completed the required trial experiences listed in Rule 403 of the South Carolina Appellate Court Rules for the examination and admission of persons to practice in South Carolina or has completed a “judicial clerkship with equivalent courtroom experience” as defined below and certified by the judge for whom the clerkship was served. A “judicial clerkship with equivalent courtroom experience” requires that all of the following be satisfied: (1) the applicant must have served for at least one year as a law clerk to a federal or state judge; (2) the applicant must have observed the equivalent of at least four complete trials (jury selection through verdict); (3) the applicant must have observed at least six oral arguments of motions or appeals; and (4) at least two of the trial equivalents and two of the oral arguments referenced above must have been in the federal court system. An applicant may demonstrate satisfaction of these requirements by submitting a certification signed by the judge for whom the clerkship was served in the form provided by the clerk of court.

To the extent an applicant relies on experiences beyond the clerkship to satisfy the requirements of (2)(4) above, he or she should attach a partially completed state court form (S.C. App. Ct. Rule 403(e or comparable documentation of the required courtroom experience. In addition to these certifications, the written application shall contain the certification of two attorneys who are members in good standing of the bar of this court that, to the best of their knowledge, information, and belief, the applicant is of good moral character and professional reputation and meets the requirements for admission. The applicant shall file the application, accompanied by the appropriate fee, with the clerk of court.

The appropriate fee at the time of filing is established in the District Court Miscellaneous Fee Schedule issued in accordance with 28 U.S.C. § 1914(b). If the application is in order and upon approval of the court, the clerk of court shall then issue to the applicant a 46 certificate of admission to the bar of this court. See Local Civ. Rule 5.02 (D.S.C.) (Filing With the Clerk). 83.I.04: Representation by Local Counsel Who Must Sign All Pleadings.

(A) Except as provided in subsection (B) below, litigants in civil and criminal actions, other than parties appearing pro se, must be represented by at least one member of the bar of this court who shall sign each pleading, motion, discovery procedure, or other document served or filed in this court. The attorney identification number is also required on each pleading, motion, discovery procedure, or other document served or filed in this court. (B) The following attorneys are exempt from the requirements of Local Civil Rules 83.I.01-83.I.06, except for Rule 83.I.05(B): (1) United States Department of Justice attorneys attending to the interests of the United States, pursuant to 28 USC §§ 515(a) and 517; and (2) Social Security Administration attorneys serving as Special Assistant United States Attorneys to represent the agency in court. Such attorneys shall sign each pleading, motion, discovery procedure, or other document served or filed in this court.

(C) Any attorney who is a member of the Office of the United States Attorney for this District or the Federal Public Defender’s Office for this District, may appear and file pleadings if the attorney is licensed to practice before the Supreme Court of the United States or before the highest court of any state in the United States (or the District of Columbia) and is familiar with the Federal Rules of Civil and Criminal Procedure, the Federal Rules of Evidence, the South Carolina Rules of Professional Conduct (Rule 407 of the South Carolina Appellate Court Rules), the Local Civil and Criminal Rules of this court, and substantive areas of law, as is relevant to their practice. In addition to the foregoing, attorneys appearing in criminal cases in this district shall be familiar with the Bail Reform Act (18 U.S.C. § 3141 et seq.), the Speedy Trial Act (18 U.S.C. § 3161), and the United States Sentencing Commission Sentencing Guidelines. Any attorney authorized to practice in this court pursuant to this rule is subject to Local Civil Rule 83.I.08: Rules of Disciplinary Enforcement. 83.I.05: Appearances by Attorneys Not Admitted in the District.

(A) Upon motion of an attorney admitted to practice before this court, any person who is a member in good standing of the bar of a United States district court and the bar of the highest court of any state or the District of Columbia may be permitted to appear in a particular matter in association 47 with a member of the bar of this court. A motion seeking admission under this rule: (1) Shall be accompanied by an application and affidavit setting forth the movant’s qualifications for admission and the movant’s agreement to abide by the ethical standards governing the practice of law in this court. (2) Shall include a certification by the applicant that counsel has read Local Civ. Rule 30.04 (D.S.C.) (Conduct During Depositions). (3) Shall be submitted to this court upon the forms prescribed by this court that can be obtained on this court’s Web site or from the office of the clerk of court.

(4) Shall be accompanied by the appropriate fee. (5) Shall include a certificate of consultation. See Local Civ. Rule 7.02 (D.S.C.).21 (B) The appearance of an attorney pursuant to this rule shall confer jurisdiction upon this court for any alleged misconduct in any matter related to the action for which the appearance is allowed. The court may revoke admission under this rule at its discretion.

(C) This rule is intended to allow for occasional appearances by attorneys who do not conduct a substantial portion of their practices in this district. It is not intended to substitute for regular admission to the bar of this court. In determining whether admission under this rule would violate its intended purpose, the court may consider, inter alia, whether the attorney resides in South Carolina (and, if so, the length of the residence); the frequency with which the attorney appears in the state and federal courts located in this state; the proportion of the attorney’s practice attributable to cases filed in South Carolina, and other factors suggested by South Carolina Medical 21 The consultation requirement found in Local Civ. Rule 7.02 (D.S.C.) is applicable to motions under this rule. It is the general practice in this district to grant motions under Local Civ. Rule 83.I.05 (D.S.C.) immediately upon receipt by the court, if they are proper in form and absent notice that opposing counsel has indicated an intention to object.

Prior consultation and disclosure of opposing counsel’s stated intention are necessary to facilitate this process. 48 Malpractice Joint Underwriting Ass’n v. Froelich, 377 S.E.2d 306, 307-08 (S.C. 1989), that, while not binding, has been adopted as a guide by this court. 83.I.06: Pleadings, Service, and Attendance by Local Counsel in Cases Where Out-of-State Attorneys Appear. Pleadings and other documents filed in a case where an attorney who is not admitted to the bar of this court appears pursuant to Local Civil Rule 83.I.05 shall contain the individual name, firm name, address, and phone number of both the attorney making a special appearance under that rule and of the associated local counsel.

In such a case, the service of all pleadings and notices as required shall be sufficient if served upon only the associated local counsel. Unless excused by the court, the associated local counsel shall be present at all pretrial conferences, hearings, and trials and may, but is not required, to attend discovery proceedings or other proceedings that are not before the court. Local counsel is expected to be prepared to actively participate in all proceedings before the court if necessary. 83.I.07: Withdrawal of Appearance.

No attorney whose appearance has been entered may withdraw his or her representation or be relieved as counsel except with leave of court on motion filed pursuant to this rule. (A) If the withdrawal will not leave the party unrepresented, the motion shall state whether it is with the consent of (1) the party and (2) those attorney(s) who will remain as counsel for the party. If the required consents have not been obtained, moving counsel shall show good cause why the relief should be granted and shall give notice to the party as required under subpart (B)(3). If new counsel are to be substituted, they must enter an appearance before the motion to withdraw will be granted.

(B) If the withdrawal will leave the party unrepresented, the motion shall: (1) Include the mailing address and telephone number for the party. (2) If the party is a corporation, partnership, association, other legal entity, or any person proceeding in a representative capacity, state that the party has been informed that (a) it may not proceed without counsel, (b) its counsel must be admitted in this district, and (c) it may be held in default or have its claims dismissed if it fails to obtain replacement counsel within a reasonable time. (3) Be filed along with either a consent to withdrawal signed by the party or a certification that the party has been provided a copy of the motion and an explanation of the party's right to object to withdrawal. The explanation shall inform the party of the date the motion was filed and state that any response must be received by the court within seventeen (17) days of the filing date.

If the party is a natural person, the explanation shall advise that the response may be in the form of a 49 letter signed by the party. If the party is a corporation, partnership, association, other legal entity, or any person proceeding in a representative capacity, the explanation shall advise that the response must be filed by counsel. (C) If the withdrawing attorney was movant for an attorney admitted pro hac vice, another attorney must file a certification that he or she accepts the duties of local counsel. (D) In the event an attorney dies or becomes incapacitated, any attorney involved in the action who is aware of the death or incapacitation should inform the court.

50 83.I.08: Rules of Disciplinary Enforcement (“RDE”). (A) All counsel admitted to practice before this court or admitted for the purpose of a particular proceeding (pro hac vice) shall be admitted subject to the following rules, conditions, and provisions. (B) For purposes of these rules, “this court” includes the bankruptcy division of the District of South Carolina unless otherwise indicated. All duties imposed on or notices required to be provided to the clerk of court refer to the clerk of the district court.

The clerk of the district court shall ensure that notices of suspension or reinstatement, or other notices respecting an attorney’s right to practice in this court, are promptly forwarded to the clerk of the bankruptcy division. RDE RULE I ATTORNEYS CONVICTED OF CRIMES (A) Upon the filing with this court of a certified copy of a judgment of conviction demonstrating that any attorney admitted to practice before this court has been convicted in any court of the United States, or the District of Columbia, or of any state, territory, commonwealth or possession of the United States of a serious crime as hereinafter defined, this court may enter an order immediately suspending that attorney, whether the conviction resulted from a plea of guilty, or nolo contendere or from a verdict after trial or otherwise, and regardless of the pendency of any appeal, until final disposition of a disciplinary proceeding to be commenced upon such conviction. A copy of such order shall immediately be served upon the attorney. Upon good cause shown, this court may set aside such order when it appears that the interests of justice require the same.

(B) The term “serious crime” shall include any felony and any lesser crime a necessary element of which, as determined by the statutory or common law definition of such crime in the jurisdiction where the judgment was entered, involves false swearing, misrepresentation, fraud, willful failure to file income tax returns, deceit, bribery, extortion, misappropriation, theft, or an attempt or a conspiracy or solicitation of any other to commit a “serious crime.” (C) A certified copy of a judgment of conviction of an attorney for any crime shall be conclusive evidence of the commission of that crime in any disciplinary proceeding instituted against that attorney based, in whole or in part, upon the conviction. 51 (D) Upon the filing of a certified copy of a judgment of conviction of an attorney for a serious crime, this court, in addition to suspending that attorney in accordance with the provisions of this rule, may also refer the matter to counsel for the institution of a disciplinary proceeding before this court in that the sole issue to be determined shall be the extent of the final discipline to be imposed as a result of the conduct resulting in the conviction, provided that a disciplinary proceeding so instituted will not be brought to final hearing until all appeals from the conviction are concluded. (E) Upon the filing of a certified copy of a judgment of conviction of an attorney for a crime not constituting a “serious crime,” this court may refer the matter to counsel for whatever action counsel may deem warranted, including the institution of a disciplinary proceeding before this court; provided, however, that this court in its discretion may make no references with respect to convictions for minor offenses. (F) An attorney suspended under the provisions of this rule will be immediately reinstated upon the filing of a certificate demonstrating that the underlying conviction of a serious crime has been reversed but the reinstatement will not terminate any disciplinary proceeding then pending against the attorney, the disposition of which shall be determined by this court on the basis of all available evidence pertaining to both guilt and the extent of discipline to be imposed.

RDE RULE II DISCIPLINE IMPOSED BY OTHER COURTS (A) Any attorney admitted to practice before this court shall, upon being subjected to public discipline by any other court of the United States or the District of Columbia, or by a court of any state, territory, commonwealth or possession of the United States, inform the clerk of court in writing within fourteen (14) days of such action. See supra Local Civ. Rule 83.I.08(B) (D.S.C.) (the clerk of the district court shall inform the clerk of the bankruptcy division). (B) Upon the filing of a certified or exemplified copy of a judgment or order demonstrating that an attorney admitted to practice before this court has been subjected to public discipline by another court, this court may impose reciprocal or other discipline pursuant to the procedures set forth below. Prior to imposing any discipline, the court shall issue a notice directed to the attorney containing: (1) A copy of the judgment or order from the other court and 52 (2) An order to show cause directing that the attorney inform this court within thirty (30) days after service of that order upon the attorney, personally or by mail, of any claim by the attorney predicated upon the grounds set forth in (D) hereof that the imposition of the identical discipline by this court would be unwarranted and the reasons therefor.

(C) In the event the discipline imposed in the other jurisdiction has been stayed there, any reciprocal discipline imposed in this court shall be deferred until such stay expires. (D) Upon the expiration of thirty (30) days from service of the notice issued pursuant to the provisions of (B) above, this court shall impose the identical discipline unless the respondent-attorney demonstrates, or this court finds, that upon the face of the record upon which the discipline in another jurisdiction is predicated, it clearly appears that one or more of the following circumstances applies: (1) That the procedure was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process. (2) That there was such an infirmity of proof establishing the misconduct as to give rise to the clear conviction that this court could not, consistent with its duty, accept as final the conclusion on that subject. (3) That the imposition of the same discipline by this court would result in grave injustice.

(4) That the misconduct established is deemed by this court to warrant substantially different discipline. Where this court determines that any of the above elements exist, it shall enter such other order as it deems appropriate. (E) In all other respects, a final adjudication in another court that an attorney has been guilty of misconduct shall conclusively establish the misconduct for purposes of a disciplinary proceeding in this court. (F) This court may at any stage appoint counsel to prosecute the disciplinary proceedings or defend a respondent-attorney.

See infra RDE V(A). (G) If an attorney admitted to practice before this court is disbarred or suspended by the South Carolina Supreme Court, such suspension or disbarment shall be immediately effective in this court. The nature and term of discipline shall be identical unless this court determines that the 53 misconduct justifies a more severe disciplinary action, in which case the attorney will be given notice and an opportunity to demonstrate that the imposition of a more severe disciplinary action is unwarranted. RDE RULE III DISBARMENT ON CONSENT OR RESIGNATION IN OTHER COURTS (A) Any attorney admitted to practice before this court who shall be disbarred on consent or resign from the bar of any other court of the United States or the District of Columbia, or from the bar of any state, territory, commonwealth or possession of the United States while an investigation into allegations of misconduct is pending, shall, upon the filing with this court of a certified or exemplified copy of the judgment or order accepting such disbarment on consent or resignation, cease to be permitted to practice before this court and be stricken from the roll of attorneys admitted to practice before this court.

(B) Any attorney admitted to practice before this court shall, upon being disbarred on consent or resigning from the bar of any other court of the United States or the District of Columbia, or from the bar of any state, territory, commonwealth, or possession of the United States while an investigation into allegations of misconduct is pending, promptly inform the clerk of this court of such disbarment on consent or resignation. RDE RULE IV STANDARDS FOR PROFESSIONAL CONDUCT (A) For misconduct defined in these rules, and for good cause shown, and after notice and opportunity to be heard, any attorney admitted to practice before this court may be disbarred, suspended from practice before this court for a definite time, fined, and/or reprimanded, either publicly or privately, or subjected to other disciplinary action as the circumstances may warrant. (B) Acts or omissions by an attorney admitted to practice before this court, individually or in concert with any other person or persons, that violate the Code of Professional Responsibility adopted by this court shall constitute misconduct and shall be grounds for discipline, whether or not the act or omission occurred in the course of any attorney-client relationship. The Code of Professional Responsibility adopted by this court is the South Carolina Rules of Professional Conduct (Rule 407 of the South Carolina Appellate Court Rules) adopted by the South Carolina Supreme Court, as amended from time to time by that state court, except as otherwise provided by specific rule of this court.

54 RDE RULE V DISCIPLINARY PROCEEDINGS (A) When misconduct or allegations of misconduct that, as substantiated, would warrant discipline on the part of an attorney admitted to practice before this court shall come to the attention of a judge of this court, whether by complaint or otherwise, and the applicable procedure is not otherwise mandated by these rules, that judge shall petition the chief judge of the district court to (1) refer the matter to the appropriate state disciplinary authority for investigation or prosecution or (2) refer the matter to the United States Attorney or other selected counsel for investigation and the prosecution of a formal disciplinary proceeding or the formulation of such other recommendation as may be appropriate. Nothing herein shall, however, preclude a judge from reporting an attorney’s actions or inactions directly to the disciplinary authority for any state where the attorney is admitted to practice. The chief judge may also appoint defense counsel for an indigent attorney. Counsel appointed for prosecution or defense will be compensated according to the court’s plan for appointment of counsel in criminal cases, from the attorney admission fund in an amount to be determined by the chief judge.

Should the chief judge be disqualified, the most senior active district judge shall have the responsibility of enforcing this section. Should the matter be referred to a state disciplinary authority, or should there be a parallel state disciplinary proceeding, the chief judge may provide to such authority information and documents pertinent to the investigation, subject to the requirements of Rule 6(e), Federal Rules of Criminal Procedure, and an appropriate protective order. (B) Counsel appointed pursuant to these rules to investigate allegations of misconduct or prosecute disciplinary proceedings or in conjunction with a reinstatement petition, as well as the respondent-attorney, shall have the authority to issue subpoenas pursuant to Rule 17 of the Federal Rules of Criminal Procedure. (C) Should counsel conclude after investigation and review that a formal disciplinary proceeding should not be initiated against the respondent- attorney because sufficient evidence is not present, or because there is another proceeding pending against the respondent-attorney, the disposition of which in the judgment of counsel should be awaited before further action by this court is considered, or for any other valid reason, counsel shall file with the court a recommendation for disposition of the matter, whether by dismissal, admonition, deferral, or otherwise setting forth the reasons for such recommendation.

55 (D) To initiate formal disciplinary proceedings, counsel shall obtain an order of this court, upon a showing of probable cause, requiring the respondent- attorney to show cause within thirty (30) days after service of that order upon that attorney, personally or by mail, why the attorney should not be disciplined. The respondent-attorney shall have the right to be represented by counsel in these proceedings. (E) Upon the respondent-attorney’s answer to the order to show cause, if any issue of fact is raised or the respondent-attorney wishes to be heard in mitigation, the chief judge shall set the matter for prompt hearing before a panel of three judges of this court (“disciplinary panel”). In the event the complaint relates to one or more bankruptcy division matters, at least one of the judges on the panel shall be a bankruptcy division judge.

If the disciplinary proceeding is predicated upon the complaint of a judge of this court, the complaining judge shall not serve on the panel. Mere forwarding or referring a complaint made by a third party shall not, however, preclude a judge from serving on the disciplinary panel. (F) The senior judge of the three-judge disciplinary panel, within a reasonable time following the hearing, shall provide to the district court a written report that shall include a recommendation as well as a transcript of the hearing and all pleadings and evidence. (G) After receiving the report, the district court, sitting en banc, shall by written order make a final determination.

In the event the complaint relates to one or more bankruptcy division matters, the judges of the bankruptcy division shall participate in the en banc review. (H) Misconduct, as the term is used herein, means any one or more of the following: (1) Violation of any provision of the oath of office taken upon admission to the practice of law. (2) Violation of any provision of the South Carolina Rules of Professional Conduct as adopted by this court. (3) Commission of a crime involving moral turpitude.

(4) Conduct tending to pollute or obstruct the administration of justice or to bring the courts or the legal profession into disrepute. (5) Conduct demonstrating a lack of professional competence in the practice of law. 56 (6) Conduct tending to obstruct the court’s disciplinary investigation. (7) Conduct constituting a serious crime as defined in RDE I(B).

(8) Conduct violating applicable rules of professional conduct of another jurisdiction. (I) Upon receipt of sufficient evidence demonstrating that an attorney poses a substantial threat of serious harm to the public or the administration of justice, and pursuant to the procedures set forth below, the attorney may be placed on interim suspension or may have other restrictions placed on his or her rights to practice in this court pending a final determination in any proceeding under these rules. (1) A petition for interim suspension/restrictions may be initiated by the investigating attorney, by any judge of the court, or by the disciplinary panel on its own motion. (2) The petition shall set forth the factual basis for the proposed suspension/restrictions and shall be served personally or by mail on the attorney who is the subject of the petition.

(3) The petition shall be forwarded to the disciplinary panel, if one has been assigned, or, if no disciplinary panel has been assigned or if exigent circumstances require a more immediate response, to the chief judge of the district court. If the chief judge is unavailable or if the petition or complaint was initiated by the chief judge, then the petition shall be forwarded to the next most senior district judge. (4) The disciplinary panel or judge to whom the petition is forwarded pursuant to RDE V(I)(3) above may enter an interim suspension based on such further proceedings as are consistent with due process, including, if made necessary by exigent circumstances, without any further pre-suspension proceedings. (5) An attorney placed on interim suspension/restrictions by a single judge may apply for reconsideration to the judge who entered the suspension/restrictions order.

If the application is denied, the attorney may appeal to the disciplinary panel. Interim suspensions entered by the disciplinary panel may be appealed to the en banc court. (6) Any interim suspension/restrictions shall be set forth in an unsealed order stating only the fact and effective dates of the 57 suspension/restrictions. All other documents and information relating to the suspension/restrictions shall be kept confidential pending completion of the proceedings except that a copy of all such documents may be provided to other entities with disciplinary authority.

RDE RULE VI DISBARMENT ON CONSENT WHILE UNDER DISCIPLINARY INVESTIGATION OR PROSECUTION (A) Any attorney admitted to practice before this court who is the subject of an investigation into, or a pending proceeding involving, allegations of misconduct may consent to disbarment, but only by delivering to this court an affidavit stating that the attorney desires to consent to disbarment and that each of the following is true: (1) The attorney’s consent is freely and voluntarily rendered; the attorney is not being subjected to coercion or duress; the attorney is fully aware of the implications of so consenting. (2) The attorney is aware that there is a pending investigation or proceeding involving allegations that grounds exist for the attorney’s discipline, the nature of which the attorney shall specifically set forth. (3) The attorney acknowledges that the material facts so alleged are true. (4) The attorney so consents because the attorney knows that if charges were predicated upon the matters under investigation, or if the proceeding were prosecuted, the attorney could not successfully defend himself or herself.

(B) Upon receipt of the required affidavit, this court shall enter an order disbarring the attorney. (C) The order disbarring the attorney on consent shall be a matter of public record. However, the affidavit required under the provisions of this rule shall not be publicly disclosed or made available for use in any other proceeding except upon order of this court. 58 RDE RULE VII REINSTATEMENT (A) After Disbarment or Suspension.

An attorney suspended for less than a year may resume practice before this court upon the expiration of the suspension ordered by the South Carolina Supreme Court and this court. An attorney disbarred or suspended for a year or more must reapply for admission and may not resume practice until reinstated by order of this court. (B) Time of Application Following Disbarment. A person who has been disbarred after hearing or by consent may not apply for reinstatement until the expiration of at least five (5) years from the effective date of the disbarment.

(C) Hearing on Application. Petitions for reinstatement by a disbarred or suspended attorney under this rule shall be filed with the chief judge of this court. Upon receipt of the petition for reinstatement, the chief judge shall first submit the matter to the full court to determine whether to accept a decision of the South Carolina Supreme Court reinstating the attorney. If the court declines to accept the South Carolina Supreme Court’s decision without further review, the chief judge shall then advise the petitioner of the right to request a hearing before a three-judge panel of this court for review and further consideration of the petition for reinstatement.

In the event a panel is not requested, the petition for reinstatement shall be dismissed. If the disciplinary proceeding was predicated upon the complaint of a judge of this court, the complaining judge shall not serve on the panel. The judges assigned to the matter shall promptly, after referral, assign the matter to counsel and schedule a hearing at which the petitioner shall have the burden of demonstrating by clear and convincing evidence that he or she has the moral qualifications, competency, and learning in the law required for admission to practice law before this court and that his or her resumption of the practice of law will not be detrimental to the integrity and standing of the bar or to the administration of justice or subversive of the public interest. Within a reasonable time following the hearing, the senior judge of the three-judge panel shall provide all judges of this court a written report that shall include a recommendation pursuant to subparagraph (F) of this section.

After receiving the report, this court, sitting en banc, shall by written order make a final determination and enter judgment pursuant to subparagraph (F) of this section. (D) Duty of Counsel. In all proceedings upon a petition for reinstatement, cross- examination of the witnesses of the respondent-attorney and the submission of evidence, if any, in opposition to the petition shall be conducted by counsel. 59 (E) Deposit for Costs of Proceeding.

Petitions for reinstatement under this rule shall be accompanied by an advance cost deposit in an amount to be set from time to time by this court to cover anticipated costs of the reinstatement proceeding. (F) Conditions of Reinstatement. If the petitioner is found unfit to resume the practice of law before this court, the petition shall be dismissed. If the petitioner is found fit to resume the practice of law before this court, the judgment shall reinstate the petitioner, provided that the judgment may make reinstatement conditional upon the payment of all or part of the costs of the proceedings, and upon the making of partial or complete restitution to parties harmed by the petitioner whose conduct led to the suspension or disbarment.

This court may impose any conditions of reinstatement that are reasonably related to the grounds for the lawyer’s original suspension or disbarment, or to evidence presented at the hearing regarding the lawyer’s failure to meet the criteria for reinstatement. Provided further that if the petitioner has been suspended or disbarred for five (5) years or more, reinstatement may be conditioned, in the discretion of this court, upon the furnishing of proof of competency and learning in the law, that proof may include certification by the bar examiners of a state or other jurisdiction of the attorney’s successful completion of an examination for admission to practice subsequent to the date of suspension or disbarment. (G) Successive Petitions. No petition for reinstatement under this rule shall be filed within one (1) year following an adverse judgment upon a petition for reinstatement filed by or on behalf of the same person.

RDE RULE VIII SERVICE OF PAPERS AND OTHER NOTICES

Service of an order to show cause instituting a formal disciplinary proceeding shall be made by personal service or by registered or certified mail addressed to the respondent-attorney at the last address of record with the clerk of court. Service of any other papers or notices required by these rules shall be deemed to have been made (1) if delivered electronically through the court’s electronic filing system or (2) if mailed to the respondent-attorney at the last address of record with the clerk of court or (3) if mailed to counsel for the respondent-attorney at the address indicated in the most recent document filed on behalf of the respondent-attorney in the course of any proceeding.

RDE RULE IX APPOINTMENT OF COUNSEL

Whenever counsel other than the United States Attorney is to be appointed pursuant to these rules to investigate allegations of misconduct or prosecute disciplinary proceedings or in 60 conjunction with a reinstatement petition, this court shall appoint as counsel one or more members of the bar of this court. The respondent-attorney may move to disqualify the United States Attorney or any other attorney so appointed on grounds of conflict of interest. Any motion for disqualification shall be determined by the chief judge or, should the chief judge be disqualified, the most senior active judge. Counsel, once appointed, may not resign unless permission to do so is given by this court.

RDE RULE X DUTIES OF THE CLERK OF COURT (A) Upon being informed that an attorney admitted to practice before this court has been convicted of any crime, the clerk of this court shall determine whether the clerk of court in which such conviction occurred has forwarded a certificate of such conviction to this court or to the South Carolina Supreme Court or its disciplinary counsel. If a certificate has not been so forwarded, the clerk of court shall promptly obtain a certificate and file it with this court. (B) Upon being informed that an attorney admitted to practice before this court has been subjected to public discipline by another court, the clerk of court shall determine whether a certified or exemplified copy of the disciplinary judgment or order has been filed with this court, and, if not, the clerk of court shall promptly obtain a certified copy or exemplified copy of the disciplinary judgment or order and file it with this court. (C) Whenever it appears that any person convicted of any crime or disbarred or suspended or censured or disbarred on consent by this court is admitted to practice law in any other jurisdiction or before any other court, the clerk of court, within fourteen (14) days of that conviction, disbarment, suspension, censure, or disbarment on consent, shall transmit to the disciplinary authority in such other jurisdiction, or for such other court, a certificate of the conviction or a certified or exemplified copy of the judgment or order of disbarment, suspension, censure, or disbarment on consent, as well as the last known office and residence addresses of the defendant or respondent.

(D) The clerk of court shall likewise promptly notify the National Lawyer Regulatory Data Bank operated by the American Bar Association of any order imposing public discipline upon any attorney admitted to practice before this court. (E) The clerk of court shall be responsible for circulating all notices relating to disciplinary action to all judges of this court, including all magistrate, bankruptcy and district judges, as well as the clerk of the bankruptcy division. 61 RDE RULE XI JURISDICTION Nothing contained in these rules shall be construed to deny to this court such powers as are necessary for this court to maintain control over proceedings conducted before it, including, but not limited to, the power to impose sanctions including civil penalties or other action authorized by rule or statute, enjoin violations of the law, or institute proceedings for contempt.

RDE RULE XII EFFECTIVE DATE

Any amendments to these disciplinary enforcement rules shall become effective immediately upon the entry and filing of any order, provided that any formal disciplinary proceedings then pending before this court shall be concluded under the procedure existing prior to the effective date of these amendments. 83.I.09: Student Practice. (A) Upon the approval of the judge to whom the case is assigned, an eligible law student, with the written consent of an indigent and the indigent’s attorney of record, may appear in this court on behalf of that indigent in any case. Upon the written consent of the United States Attorney or his or her authorized representative and the consent of the presiding judge, an eligible law student may also appear in this court on behalf of the United States.

Upon the written consent of the South Carolina Attorney General or his or her authorized representative and the consent of the presiding judge, an eligible law student may also appear in this court on behalf of the State of South Carolina. In each case, the written consent shall be filed with the clerk of court. (B) An eligible law student may assist in the preparation of pleadings, briefs, and other documents to be filed in this court, but such pleadings, briefs or other documents must be signed by the attorney of record. A student may also participate in court proceedings with leave of the court, but only in the presence of the attorney of record.

The attorney of record shall personally assume professional responsibility for the law student’s work and for supervising the quality of the student’s work. The attorney of record should be familiar with the case and prepared to supplement or correct any written or oral statement made by the student. (C) In order to make an appearance pursuant to this rule, the law student must: (1) Be duly enrolled in a law school approved by the American Bar Association. 62 (2) Have completed legal studies amounting to at least four (4) semesters (or the equivalent if the school is on some basis other than a semester basis), be enrolled in a clinical law course, and appear only as a requirement of that course.

(3) Be certified by the dean of the law school as being of good character and competent legal ability, which certification shall be filed with the clerk of court and may be withdrawn by the dean at any time by mailing notice to the clerk of court. (4) Be introduced to this court by an attorney admitted to practice before this court. (5) Neither ask for nor receive any compensation or remuneration of any kind for legal services from the person on whose behalf the student renders services, but this shall not prevent an attorney, legal aid bureau, law school, public defender agency, a state, or the United States from making such charges for its services as it may otherwise properly require. (6) Certify in writing that the student has read and is familiar with the South Carolina Rules of Professional Conduct.

EXHIBITS AND COURT REPORTERS 83.II.01: Handling of Exhibits. The clerk of court shall be the custodian of all exhibits admitted into evidence. However, during any civil or criminal proceeding, the court may order an attorney or a law enforcement agency to take possession of any exhibit(s) and be responsible for the safekeeping of the exhibit(s). Upon the entry of final judgment, the clerk of court may, at any time following the expiration of thirty (30) days, notify the attorneys of record and the parties that the clerk of court intends to dispose of the exhibits in the manner indicated in the notice.

If no attorney of record or a party in interest takes custody of or interposes an objection within fourteen (14) days of the posting of the notice, the clerk of court shall be authorized to dispose of the exhibits in the manner stated, unless otherwise ordered by the court. In the event of an appeal in a case involving exhibits that could not be mailed to the appellate court or stored in the clerk of court’s facilities, the court may, upon request of the clerk of court, transfer custody of these exhibits to the attorney or law enforcement agency offering the exhibit. Those exhibits not transmitted as part of the record on appeal should be retained and safeguarded by the attorney to be made available for use by the appellate court upon request. 63 83.II.02: Court Reporters.

The clerk of court shall have supervisory and managerial authority over court reporters with the advice and consent of the court, pursuant to such orders as the court may enter. See Court Reporter Management Plan for the District of South Carolina, 3:08-mc-5004 (D.S.C.) Aug. 25, 2008). FAIR TRIAL DIRECTIVES22 83.III.01: Court Personnel.

All supporting court personnel, including, but not limited to, the marshal, deputy marshals, court clerks and office personnel, bailiffs, court reporters, and employees or subcontractors retained by the court or the marshal, and judges’ office personnel, are prohibited from disclosing to any person, without authorization by the court, information relating to a pending civil case that is not a part of the public record of the court that has been filed and served on the parties to the proceeding. Further, all such personnel are forbidden to divulge any information concerning arguments and hearings held in chambers or otherwise outside the presence of the public or in the case of jury trials outside the presence of the jury. 83.III.02: Attorneys. [Deleted effective January 24, 2012. See Local Civ. Rule 83.I.08 (D.S.C.), RDE IV.B (adopting South Carolina Rules of Professional Conduct except as otherwise provided); South Carolina Rule of Professional Conduct 3.6 (“Trial Publicity”).] 83.III.03: Copies of Public Records.

Any person may obtain copies of public records from the clerk of court upon payment of copying fees. Representatives of federal agencies requesting copies of records or papers that are unavailable through electronic access may obtain copies without charge. 83.III.04: Conduct of Judicial Proceedings. In any case, the court, on motion of either party or on its own motion, may issue a special order governing such matters as extrajudicial statements by parties and witnesses likely to interfere with the rights of the parties to a fair trial by an impartial jury, the seating and conduct in the courtroom of spectators and news media representatives, the management and sequestration of jurors and witnesses, and any other matters that the court may deem appropriate for inclusion in such an order.

83.III.05: Photographing and Reproducing Court Proceedings. The taking of photographs or video and operation of audio recorders in the courtroom or its environs and radio or television broadcasting from the courtroom or its environs, during the progress of or in connection with judicial proceedings, whether or not court is actually in session, is prohibited. The court may, however, permit (1) the use of electronic or photographic means for the 22 Fair trial directives relating to criminal matters are more extensive and may be found in the Local Criminal Rules. 64 presentation of evidence or the perpetuation of a record; and (2) the broadcasting, televising, recording, or photographing of investitive, ceremonial, or naturalization proceedings.

REMOVAL PROCEDURES 83.IV.01: Service and Filing of Notice of Removal. Service upon all adverse parties of a notice of removal filed pursuant to 28 U.S.C. § 1446(a) and the filing of such notice with the appropriate state court clerk shall constitute compliance with the requirements of 28 U.S.C. § 1446(d). 83.IV.02: Contents of Notice of Removal. Where removal is based on jurisdiction under 28 U.S.C. § 1332, the short and plain statement of the grounds for removal shall contain a statement of the date of the commencement of the action.

PRETRIAL BRIEF REQUIREMENTS 83.V: [Pretrial brief requirements were moved to Local Civ. Rule 26.05 (D.S.C.) effective December 1, 2000.] CONDUCT OF TRIAL 83.VI.01: Opening Statement. Counsel for any party may summarize their pleadings to the jury or make a statement to the jury of the ultimate facts alleged in the pleadings and their theory of the case, but counsel shall not argue the case during the opening statement. The pleadings shall not be submitted to the jury for its deliberations. 83.VI.02: Examination of Witness.

One counsel only, on each side, shall examine or cross-examine a witness. During examination in open court, the examining counsel shall stand. 83.VI.03: Scope of Redirect. Redirect examination in both civil and criminal trials shall be limited only to new matters brought out on cross-examination.

83.VI.04: Closing Argument of Counsel. In the trial of a civil action, the plaintiff shall open and conclude the testimony and argument unless the plaintiff’s entire case shall be admitted by the defendant’s pleadings, and the controversy shall be wholly upon matter of counterclaim or affirmative defense interposed by the defendant. A full opening of the case, both in testimony and argument, shall be made by the party having the opening. Unless otherwise ordered by the court, the reply shall be restricted to a reply to new matter both as to testimony and argument.

Closing arguments in criminal cases are governed by Fed. R. Crim. P. 29.11. The time allowed for argument in both criminal and civil cases shall be limited by the court as the cause may seem to require. 83.VI.05: Excusing Witnesses. In both criminal and civil cases, every witness is automatically excused when he or she steps off the witness stand, unless one of the parties objects.

65 SOCIAL SECURITY CASES 83.VII.01: Copies of Pleadings. [Deleted effective November 15, 2013.] 83.VII.02: Initial Service of Process. [Deleted effective December 1, 2022: Topic covered by Supplemental Rules for Social Security included in the Federal Rules of Civil Procedure.] 83.VII.03: Reference to Magistrate Judge. (A) After the briefing schedule (as set out in Local Civ. Rules 83.VII.07 (D.S.C. , the case will be referred to a magistrate judge for either a recommendation or a final order, dependent upon the consent of the parties and the district court. (B) The court will issue an order referring Social Security cases to the assigned magistrate judge for final disposition in those cases where all parties have submitted their consent to such referral. 83.VII.04: Answer of the Commissioner.

The electronic certified administrative record (eCAR) filed by the Agency satisfies the requirement of a certified copy of the administrative record found in Rule 4(b) of the Supplemental Rules for Social Security. 83.VII.05: Expediting Cases. When a case that meets the criteria for being expedited as a critical case as defined by the Agency’s Hearings, Appeals, and Litigation Law Manual has not already been expedited by the Agency the claimant’s counsel shall confer with agency counsel about that issue as soon as possible. See Local Civ. Rule 7.02 (D.S.C.).

If the parties cannot agree on whether the case should be expedited, the claimant may file a motion seeking an order requiring that the eCAR be prepared and filed in a shorter timeframe than what these rules would otherwise allow. 83.VII.06: Petitioner’s Brief. [Deleted effective December 1, 2022: Topic covered by Supplemental Rules for Social Security included in the Federal Rules of Civil Procedure.] 83.VII.07: Commissioner’s Brief. [Deleted effective December 1, 2022: Topic covered by Supplemental Rules for Social Security included in the Federal Rules of Civil Procedure.] 66 83.VII.08: Service of Briefs. [Deleted effective December 1, 2022: Topic covered by Supplemental Rules for Social Security included in the Federal Rules of Civil Procedure.] 83.VII.09: Objections to Report and Recommendation. A party may file an objection to the magistrate judge’s report and recommendation within the time prescribed in 28 U.S.C. § 636(b)(1). 83.VII.10: Application for Attorney’s Fees.

The following procedure will be used if the petitioner’s attorney applies to the court for an order fixing attorney’s fees to be paid out of past accrued benefits for an award of past due benefits. This rule does not apply to fees awarded pursuant to the Equal Access to Justice Act. (A) (B) (C) (D) The original of any petition for attorney’s fees will be filed together with a certificate of service showing a copy served on the United States Attorney. The petition for attorney’s fees shall be filed no later than sixty (60) days after the issuance of all notices of award of benefits from the Social Security Administration.

This does not preclude filing a petition based on fewer than all anticipated notices of award of benefits. Noncompliance with this time limit may be deemed a waiver of any claim for attorney’s fees, unless the attorney can show good cause for the delay. The petition should comply with the requirements set forth in Gisbrecht v. Barnhart, 535 U.S. 789, 792 (2002), and should contain evidence (copy of Certificate of Social Insurance Award) that the case has reached the final determination, that the Commissioner is withholding the fee requested, and that the attorney and client entered a valid agreement for the fees. It should also contain a supporting statement or affidavit by the attorney if a substantial amount is involved or there are exceptional circumstances.

The United States Attorney shall be allowed thirty (30) days in which to file any objections to the petition for attorney’s fees. The petition, together with supporting materials and the Commissioner’s objection, if any, will be forwarded to the appropriate district judge or magistrate judge for consideration. 67 ACTIONS FILED BY PRISONERS 83.VIII.01: Filing of Civil Rights Actions. All complaints filed by state, federal, and local prisoners seeking relief under 42 U.S.C. § 1983 et seq., or under the holding in Bivens v. Six Unknown Members of Federal Bureau of Narcotics, 403 U.S. 388 (1971), shall be filed with the court in compliance with the instructions of the clerk of court on the appropriate form(s) or on forms substantially similar.

Instructions and the appropriate forms may be obtained from the clerk of court without charge. 83.VIII.02: Procedure for State, Federal, and Local Prisoners Seeking to Proceed In Forma Pauperis. The court shall maintain an operating procedure for prisoners seeking to proceed in forma pauperis. The operating procedure, which is set forth in detail in a miscellaneous order of the court, shall be fully effective as if reprinted in these rules.

83.VIII.03: Filing of Habeas Corpus Actions. All petitions filed by state, federal, and local prisoners seeking relief under 28 U.S.C. § 2254 or 28 U.S.C. § 2255 shall be filed with the clerk of court in compliance with the instructions of the office of the clerk of court and on the appropriate form(s) or on forms substantially similar. The instructions and the appropriate forms may be obtained from the office of the clerk of court without charge. 83.VIII.04: Successive Habeas Corpus Petitions.

The Anti-Terrorism and Effective Death Penalty Act of 1996 has placed limitations on successive petitions. In light of conflicting precedents in various federal jurisdictions and because most closed case records are at the Federal Records Center, a magistrate judge or district judge may, in his or her discretion, authorize service of a petition under 28 U.S.C. § 2254 or 28 U.S.C. § 2255 where court records do not conclusively show that a petition is successive. In such circumstances, the respondents may raise successiveness as an affirmative defense. 83.VIII.05: Federal, State, and Local Prisoners Seeking Relief Under 28 U.S.C. § 2241.

All petitions filed by federal, state, and local prisoners seeking relief under 28 U.S.C. § 2241 shall be filed with the clerk of court in compliance with the instructions and on the appropriate forms or on forms substantially similar. The instructions and the appropriate forms may be obtained from the office of the clerk of court without charge. 83.VIII.06: State and Local Prisoners Seeking Relief Under 28 U.S.C. § 2241. [Deleted effective November 15, 2013.] 83.VIII.07: Forms on Electronic Media. The clerk of court is authorized to promulgate the civil rights forms or any habeas corpus forms on electronic media and is authorized to distribute copies of the forms to correctional institutions, detention institutions, or litigants.

Such forms on electronic media, if promulgated, shall be deemed to be “forms substantially similar” to the appropriate forms. 68 BANKRUPTCY PRACTICE 83.IX.01: Referral to Bankruptcy Judges. Pursuant to 28 U.S.C. § 157(a), the court hereby refers to the bankruptcy judges for this district all cases under Title 11 and all proceedings arising under Title 11 or arising in or related to a case under Title 11. See 28 U.S.C. § 157, Procedures.

83.IX.02: Local Civil Rules of Bankruptcy Practice. Pursuant to Fed. R. Bankr. P. 9029, the bankruptcy judges of this district are hereby authorized to make such rules of practice and procedure as they may deem appropriate; however, in promulgating the rules governing the admission or eligibility to practice in the bankruptcy division, the bankruptcy judges shall require district court admission except for appearances pro se or for appearances pursuant to the student practice rules of this court. (A) Pro Hac Vice Admission. The bankruptcy judges, as judicial officers of the district court, are hereby empowered to grant pro hac vice admission to the district court for bankruptcy matters under rules identical to this court’s rules on such admission.

(B) Exemption. When appropriate, the bankruptcy judges may exempt certain filings such as the filing of claims from these requirements. 83.IX.03: Jury Trials by Bankruptcy Judges. The United States District Court for the District of South Carolina hereby specially designates the bankruptcy judges of this district to conduct jury trials pursuant to 28 U.S.C. § 157(e).

83.IX.04: Disciplinary Rules. The Rules of Disciplinary Enforcement set forth at Local Civ. Rule 83.I.08 (D.S.C.) apply in the bankruptcy division of the district court. 69