Comments on New Second Circuit Rules Due April 11

The Second Circuit Court of Appeals has proposed two new Second Circuit rules, and you have until April 11, 2012 to tell the court what you think of them.

The new rules require disclosure of attorney assistance with court filings, and detail the procedure for appeals of district court attorney discipline orders.

The first change is Local Rule 32.2, Pro Se Party Submission of a Brief, Appendix, or Other Paper Drafted by an Attorney; Disclosure of Attorney Assistance. The rule states, “A pro se party who submits a paper that an attorney has drafted in whole or substantial part must state at the beginning of the paper, ‘this document was drafted in whole, or substantial part, by an attorney.’ Unless the court orders otherwise, the attorney’s identity and address need not be disclosed.”

The second amendment to the Second Circuit rules is Local Rule 46.3, Appeal from District Court Attorney Disciplinary Order. The rule adds the following provisions:

(a) Civil Appeal. An appeal taken from an attorney disciplinary order entered by a district court judge or district court attorney disciplinary authority is a civil appeal under FRAP 3.
(b) Appearance on Behalf of the District Court Judge or Attorney Disciplinary Authority. The district court judge or attorney disciplinary authority may appear by counsel or, without counsel, through a brief, a statement or an amicus curiae brief.
(c) Service of Papers. The appellant must serve all papers on the district court clerk.
(d) Oral Argument. An appeal under this section is decided without oral argument unless the court orders otherwise.
(e) Applicable Rules. All provisions of FRAP and these LRs are applicable to the review of a district court attorney disciplinary order, except LR 33.1.

The Second Circuit Court of Appeals will take your comments about these changes through next Wednesday because they value your opinion, and federal law requires the court to do so. (But really, they do appreciate your input.)

You can email comments to the Clerk of Court at rulescomments@ca2.uscourts.gov or snail mail them to 40 Foley Square, New York, NY 10007, no later than April 11, 2012.

Related Resources:

• Second Circuit Court of Appeals (US Courts)
• FindLaw’s Second Circuit Blog (FindLaw)
• Local Rules for the Second Circuit Court of Appeals (US Courts)
• NY Attorneys: Time to Ditch Your Legal Specialist Disclaimers? (FindLaw’s Second Circuit Blog)