Coward v. JP Morgan Chase Bank

Filing 84

JUDICIAL COMMUNICATION TO THE STATE BAR signed by Judge Garland E. Burrell, Jr on 11/25/2013: in light of Mr. Wright's disregard of his obligation to comply with 83 Order to pay sanctions no later than 4:00 p.m. on November 12, 2013, and Loc al Rules 180(c) and 184(b), Clerk is directed to serve a copy of this judicial communication, along with Docket Nos. 80-83, on the office of the Chief Trial Counsel/Intake, The State Bar of California, 1149 South Hill Street, Los Angeles, CA 90015-2299, concerning the conduct of attorney Hal Wright (CA Bar #157814) for any action it deems appropriate. (Waggoner, D)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANA Y. COWARD,

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No.

2:11-cv-03378-GEB-AC

Plaintiff,
v.

JUDICIAL COMMUNICATION TO THE
CALIFORNIA STATE BAR CONCERNING
ATTORNEY HAL WRIGHT (CALIFORNIA
STATE BAR NO. 157814)

J.P. MORGAN CHASE,

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Defendant.

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The Clerk of the Court shall serve a copy of this

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judicial

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Office

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California, 1149 South Hill Street, Los Angeles, CA 90015-2299,

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concerning

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(California State Bar No. 157814). This communication shall also

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be served on Hal Wright at the following address: 216 F. Street,

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Suite 116, Davis, CA 95616.

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communication,

of

the

the

On

Chief

along

Trial

following

October

4,

with

Docket

Nos.

Counsel/Intake,

conduct

2013,

of

Plaintiff

80-83,

on

the

State

Bar

of

The

attorney

Dana

Hal

Coward

Wright

filed

a

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writing, in pro per, in which she requested “a continuance to

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file an amended complaint (4th) . . . due to [her] attorney [of]

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record [being] no longer able to practice law.” (ECF No. 81.)

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After receiving Ms. Coward’s communication, the Court

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reviewed the California State Bar website on October 23, 2013,

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which

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Wright, has been ineligible to practice in the United States

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District Court for the Eastern District of California since at

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least June 14, 2013.1 See E.D. Cal. R. 180(a) (“Admission to and

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continuing membership in the Bar of this Court are limited to

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attorneys who are active members in good standing of the State

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Bar of California.”). Yet Mr. Wright failed to “promptly notify

then

Court”

revealed

of

his

that

Plaintiff’s

“change

in

attorney

status”

and

of

the

record,

Hal

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the

“disciplinary

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action” that “ma[de] [him] ineligible . . . to practice in this

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Court” as required by Local Rules 180(c) and 184(b), copies of

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which are enclosed with this communication.

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Therefore, Mr. Wright was Ordered to Show Cause (“OSC”)

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in a writing to be filed no later than November 1, 2013, why he

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should

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failing to comply with Local Rules 180(c) and 184(b). (OSC, ECF

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No. 82.) Mr. Wright did not respond to the OSC. Therefore, Mr.

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Wright and/or the Law Office of Hal E. Wright were sanctioned

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five

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Sanction, ECF No. 83.) Mr. Wright was ordered to pay the sanction

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no later than 4:00 p.m. on November 12, 2013, and to file proof

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of payment within five days of payment. (Id.) Mr. Wright has not

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paid the monetary sanction as ordered.

not

be

hundred

sanctioned

dollars

five

hundred

($500.00).

dollars

(Order

($500.00)

Imposing

for

Monetary

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In light Mr. Wright’s disregard of his obligation to

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comply with the aforementioned local rules and to pay the imposed

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The State Bar of California, http://members.calbar.ca.gov/fal/Member/
Detail/157814 (last visited November 25, 2013).

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sanction, I have decided to inform The State Bar of California of

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Mr. Wright’s failures in this case, so that it may take any

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action it deems appropriate.

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Dated:

November 25, 2013

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RULE 180 (Fed. R. Civ. P. 83)
ATTORNEYS

(a)
Admission to the Bar of this Court. Admission to and continuing
membership in the Bar of this Court are limited to attorneys who are active members in
good standing of the State Bar of California.
(1)
Petition for Admission. Each applicant for admission shall
present to the Clerk an affidavit petitioning for admission, stating both residence and
office addresses, the courts in which the applicant has been admitted to practice, the
respective dates of admissions to those courts, whether the applicant is active and in
good standing in each, and whether the applicant has been or is being subjected to any
disciplinary proceedings. Forms will be furnished by the Clerk and shall be available on
the Court's website.
(2)
Proof of Bar Membership. The petition shall be accompanied by
a certificate of standing from the State Bar of California or a printout from the State Bar
of California website that provides that the applicant is an active member of the State
Bar of California and shall include the State Bar number.
(3)
Oath and Prescribed Fee. Upon qualification the applicant may
be admitted, upon oral motion or without appearing, by signing the prescribed oath and
paying the prescribed fee, together with any required assessment, which the Clerk shall
place as directed by law with any excess credited to the Court's Nonappropriated Fund.
(b)
Practice in this Court. Except as otherwise provided herein, only
members of the Bar of this Court shall practice in this Court.
(1)
Attorneys for the United States. An attorney who is not eligible
for admission under (a), but who is a member in good standing of and eligible to
practice before, the Bar of any United States Court or of the highest Court of any State,
or of any Territory or Insular Possession of the United States, may practice in this Court
in any matter in which the attorney is employed or retained by the United States or its
agencies. Attorneys so permitted to practice in this Court are subject to the jurisdiction
of this Court with respect to their conduct to the same extent as members of the Bar of
this Court.
(2)
Attorneys Pro Hac Vice. An attorney who is a member in good
standing of, and eligible to practice before, the Bar of any United States Court or of the
highest Court of any State, or of any Territory or Insular Possession of the United
States, and who has been retained to appear in this Court may, upon application and in
the discretion of the Court, be permitted to appear and participate in a particular case.
Unless authorized by the Constitution of the United States or an Act of Congress, an
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attorney is not eligible to practice pursuant to (b)(2) if any one or more of the following
apply: (i) the attorney resides in California, (ii) the attorney is regularly employed in
California, or (iii) the attorney is regularly engaged in professional activities in California.
(i)
Application.
The pro hac vice application shall be
electronically presented to the Clerk and shall state under penalty of perjury (i) the
attorney's residence and office addresses, (ii) by what courts the attorney has been
admitted to practice and the dates of admissions, (iii) a certificate of good standing from
(iv) that the attorney is not currently
suspended or disbarred in any court, and (v) if the attorney has concurrently or within
the year preceding the current application made any other pro hac vice applications to
this Court, the title and number of each action in which such application was made, the
date of each application, and whether each application was granted.
(ii)
Designee.
The attorney shall also designate in the
application a member of the Bar of this Court with whom the Court and opposing
counsel may readily communicate regarding that attorney's conduct of the action and
upon whom service shall be made. The attorney shall submit with such application the
name, address, telephone number, and consent of such designee.
(iii)
Prescribed Fee. The pro hac vice application shall also be
accompanied by payment to the Clerk of any prescribed fee, together with any required
assessment which the Clerk shall place as directed by law with any excess credited to
the Court's Nonappropriated Fund. If the pro hac vice application is denied, the Court
may refund any or all of the fee or assessment paid by the attorney.
(iv)
Subject to Jurisdiction. If the application is granted, the
attorney is subject to the jurisdiction of the Court with respect to conduct to the same
extent as a member of the Bar of this Court.
(3)

Certified Students. See L.R. 181.

(4)

Designated Officers, Agents or Employees.

(A)
An officer, agent or employee of a federal agency or
department may practice before the Magistrate Judges on criminal matters in this Court,
whether or not that officer, agent, or employee is an attorney, if that officer, agent or
employee:
(i)
has been assigned by the employing federal agency
or department to appear as a prosecutor on its behalf;
(ii)
has received four or more hours training from the
United States Attorney's Office in the preceding twenty-four (24) months;
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(iii)

has filed a designation in accordance with (B); and

(iv)
is supervised by the United States Attorney's Office.
Supervision by the United States Attorney's Office means that employees of that Office
are available to answer questions of any such officer, agent, or employee.
(B)
Designations shall be filed on a form provided by the Clerk
that shall include a verification that the officer, agent, or employee has satisfied the
requirements of this Rule. A designation is effective for twelve months. The officer,
agent, or employee shall file the designation either in Fresno, if the officer, agent, or
employee anticipates appearing only before Magistrate Judges at locations in the
counties specifically enumerated in L.R. 120(b), or in Sacramento in all other
circumstances. After filing the designation in any calendar year, the officer, agent, or
employee shall not appear before any particular Magistrate Judge without providing a
copy of the designation to that Magistrate Judge.
(C)
Officers, agents and employees so permitted to practice in
this Court are subject to the jurisdiction of this Court with respect to their conduct to the
same extent as members of the Bar of this Court.
(5)
RIHC and RLSA Attorneys.
An attorney who is currently
designated by the State Bar of California as Registered In-House Counsel (RIHC) or as
a Registered Legal Services Attorney (RLSA) may petition the Court to practice by
completing the petition for admission, supplying the proof of bar membership, and
providing the oath and prescribed fee under (a). Any attorney allowed to practice in the
Eastern District of California under this section may only practice as long as the attorney
is designated as an RIHC or RLSA by the State Bar of California.
(c)
Notice of Change in Status. An attorney who is a member of the Bar of
this Court or who has been permitted to practice in this Court under (b) shall promptly
notify the Court of any change in status in any other jurisdiction that would make the
attorney ineligible for membership in the Bar of this Court or ineligible to practice in this
Court. In the event an attorney appearing in this Court under (b) is no longer eligible to
practice in any other jurisdiction by reason of suspension for nonpayment of fees or
enrollment as an inactive member, the attorney shall forthwith be suspended from
practice before this Court without any order of Court until becoming eligible to practice
in another jurisdiction.
(d)
Penalty for Unauthorized Practice. The Court may order any person
who practices before it in violation of this Rule to pay an appropriate penalty that the
Clerk shall credit to the Court's Nonappropriated Fund. Payment of such sum shall be
an additional condition of admission or reinstatement to the Bar of this Court or to
practice in this Court.

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(e)
Standards of Professional Conduct. Every member of the Bar of this
Court, and any attorney permitted to practice in this Court under (b), shall become
familiar with and comply with the standards of professional conduct required of
members of the State Bar of California and contained in the State Bar Act, the Rules of
Professional Conduct of the State Bar of California, and court decisions applicable
thereto, which are hereby adopted as standards of professional conduct in this Court.
In the absence of an applicable standard therein, the Model Code of Professional
Responsibility of the American Bar Association may be considered guidance. No
attorney admitted to practice before this Court shall engage in any conduct that
degrades or impugns the integrity of the Court or in any manner interferes with the
administration of justice.
(f)
Attorney Registration for Electronic Filing. All attorneys who wish to
file documents in the Eastern District of California must be admitted to practice or
admitted to appear pro hac vice. They must also complete an e-filing registration as
prescribed in L.R. 135.

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RULE 184 (Fed. R. Civ. P. 83)
DISCIPLINARY PROCEEDINGS AGAINST ATTORNEYS

(a)
Discipline. In the event any attorney subject to these Rules engages in
conduct that may warrant discipline or other sanctions, any Judge or Magistrate Judge
may initiate proceedings for contempt under 18 U.S.C. § 401 or Fed. R. Crim. P. 42, or
may, after reasonable notice and opportunity to show cause to the contrary, take any
other appropriate disciplinary action against the attorney. In addition to or in lieu of the
foregoing, the Judge or Magistrate Judge may refer the matter to the disciplinary body
of any Court before which the attorney has been admitted to practice.
(b)
Notice of Change in Status. An attorney who is a member of the Bar of
this Court or who has been permitted to practice in this Court shall promptly notify the
Court of any disciplinary action or any change in status in any jurisdiction that would
make the attorney ineligible for membership in the Bar of this Court or ineligible to
attorney shall forthwith be suspended from practice before this Court without any order
of Court until becoming eligible to practice. Upon written motion to the Chief Judge, an
attorney shall be afforded an opportunity to show cause why the attorney should not be
suspended or disbarred from practice in this Court.
(c)
Penalty for Unauthorized Practice. The Court may order any person
who practices before it in violation of this Rule to pay an appropriate penalty that the
Clerk shall credit to the Court's Nonappropriated Fund. Payment of such sum shall be
an additional condition of admission or reinstatement to the Bar of this Court or to
practice in this Court.

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