Rule 301. Pro Hac Vice admission
(a) An attorney not regularly or specially admitted to practice law in
the Virgin Islands, and
(1) who is currently in good standing as an active member of the bar of
any state or territory of the United States or of any foreign country;
(2) who has not suffered any disbarment or suspension of his or her
license to practice in any jurisdiction;
(3) who has been retained or requested to represent any party in any
legal matter in the Virgin Islands; and
(4) who has paid all appropriate membership dues and licensing fees may,
in the discretion of the judge before whom a particular litigation has been
assigned or is pending and on motion of a regularly admitted attorney of record
in such litigation, be admitted pro hac vice to participate in that
legal matter only. An attorney admitted pro hac vice shall be bound by
the grievance procedures established for the Virgin Islands Bar and shall be
subject to the disciplinary and contempt jurisdiction of this Court in the
course of his practice during his pro hac vice admission whether such
disciplinary action is taken before or after termination or revocation of his
admission pro hac vice. No attorney or law firm may appear pro hac
vice in more than a total of three causes. The regularly admitted attorney
of record shall be accountable to the Territorial Court for the timely
prosecution of such causes and compliance with all applicable rules. Extended
practice on a pro hac vice basis is hereby expressly prohibited and any
attorney desirous of undertaking more than three (3) total appearances shall
seek regular admission to the Bar in order to share the burdens of local
practice.
(b) The motion for pro hac vice admission shall be accompanied by
the Pro Hac Vice Questionnaire, supplied by the Clerk of the Court,
which shall be completed by the applicant and served on counsel for all parties
in the case with appropriate certificate(s) of service attached.
(c) All pleadings filed by an attorney admitted pro hac vice shall
be signed by local counsel and failure to do so shall result in the pleading
being rejected.--Added Mar. 30, 1992; amended Oct. 14, 1994, eff. Nov. 16,
1994; Oct. 12, 1995.
Case Notes
Admission pro hac vice
Imposition of dues and fees
Integration of bar
Political activities of association
Social activities of association
Admission pro hac vice
Attorney in Territorial Court misrepresentation proceeding was considered
admitted pro hac vice,where attorney was so admitted in several cases
pending before jurisdiction's District Court involving same parties and issues,
and Territorial Court rule governing admission had language similar to District
Court's corresponding rule. O'Neale's Transport, Inc. v. Marshall &
Sterling, Inc., Terr. Ct. St. C. 1994, 29 V.I. 23.
Imposition of dues and fees
Imposition of mandatory bar dues and a licensing fee in order to practice
law in the Virgin Islands was not an impermissible double tax, since the fees
were imposed for separate uses and did not involve assessment of taxation twice
on the same gain or imposition of taxes by two separate sovereigns. Virgin
Islands Bar Association v. Government of the Virgin Islands, D.C.V.I. 1986, 648
F. Supp. 170, modified on other grounds, C.A.3d 1988, 857 F.2d 163.
Integration of bar
Given the judiciary's inherent power to regulate and supervise attorneys
within its jurisdiction, lack of legislative input did not render integration
of the bar by judicial action defective. Hollar v. Government of the Virgin
Islands, C.A.3d 1988, 857 F.2d 163.
District court, as the highest court of the jurisdiction, had inherent
power to order integration of the bar without legislative input. Virgin Islands
Bar Association v. Government of the Virgin Islands, D.C.V.I. 1986, 648 F.
Supp. 170, modified on other grounds, C.A.3d 1988, 857 F.2d 163.
Political activities of association
Where attorneys were required to pay dues to Bar Association in order to
practice law in the Virgin Islands, association's taking public position on
candidate for appointment as United States Attorney for the Virgin Islands was
ultra vires; by-laws of association did not specifically authorize taking such
position nor was it an act reasonably related to objectives of the
organization, particularly given the political overtones of such an action.
Hollar v. Government of the Virgin Islands, C.A.3d 1988, 857 F.2d 163.
Social activities of association
Social activities of Bar Association, which were largely supported by the
persons attending, properly served the function of enhancing interaction and
sharing of knowledge among members, and did not violate First Amendment right
of free association of attorneys required to pay dues to the association in
order to practice law in the Virgin Islands. Virgin Islands Bar Association v.
Government of the Virgin Islands, D.C.V.I. 1986, 648 F. Supp. 170, modified on
other grounds, C.A.3d 1988, 857 F.2d 163.
Social activities of Bar Associations did not impermissibly infringe on
First Amendment right to religious freedom of member whose religion prohibited
her from taking part in some of the activities; the fact that most of the
activities were largely supported by the persons attending and cost
non-participating members little or nothing reduced the extent to which she was
forced to support activities in which she could not participate in order to
practice law in Virgin Islands. Virgin Islands Bar Association v. Government of
the Virgin Islands, D.C.V.I. 1986, 648 F. Supp. 170, modified on other grounds,
C.A.3d 1988, 857 F.2d 163.
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