(a) Admission to the Bar.
An attorney is eligible for admission to the bar of a court
of appeals if that attorney is of good moral and
professional character and is admitted to practice before
the Supreme Court of the United States, the highest court of
a state, another United States court of appeals, or a United
States district court (including the district courts for
Guam, the Northern Mariana Islands, and the Virgin Islands).
An applicant must file an application for admission, on a
form approved by the court that contains the applicantís
personal statement showing eligibility for membership. The
applicant must subscribe to the following oath or
affirmation: ďI, ____________, do solemnly swear [or affirm]
that I will conduct myself as an attorney and counselor of
this court, uprightly and according to law; and that I will
support the Constitution of the United States.Ē
(3) Admission Procedures.
On written or oral motion of a member of the courtís bar,
the court will act on the application. An applicant may be
admitted by oral motion in open court. But, unless the court
orders otherwise, an applicant need not appear before the
court to be admitted. Upon admission, an applicant must pay
the clerk the fee prescribed by local rule or court order.
(b) Suspension or Disbarment.
A member of the courtís bar is subject to suspension or
disbarment by the court if the member:
(A) has been suspended or disbarred from practice in any
other court; or
(B) is guilty of conduct unbecoming a member of the
The member must be given an opportunity to show good cause,
within the time prescribed by the court, why the member
should not be suspended or disbarred.
The court must enter an appropriate order after the member
responds and a hearing is held, if requested, or after the
time prescribed for a response expires, if no response is
A court of appeals may discipline an attorney who practices
before it for conduct unbecoming a member of the bar or for
failure to comply with any court rule. First, however, the
court must afford the attorney reasonable notice, an
opportunity to show cause to the contrary, and, if requested,
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Last modified at 12/16/2009