Admission Pro Hac Vice

(a) Eligibility for Admission. An attorney not admitted to practice law in Kansas may request admission to practice law before the Office of Administrative Hearings (OAH) for a specific case if the attorney meets the following requirements:

• (1) has an active law license from the highest court of another state, the District of Columbia, or a United States territory;
• (2) is in good standing under the rules of that jurisdiction; and
• (3) associates with a Kansas attorney of record in the case who is registered as active under Kansas Supreme Court Rule 206 and is in good standing under the Kansas Supreme Court Rules.

(b) Kansas Attorney's Duties. The Kansas attorney of record under subsection (a)(3) must fulfill the following duties:

• (1) actively engage in the case;
• (2) sign and file all pleadings and other documents;
• (3) be present throughout all court or administrative proceedings; and
• (4) attend any deposition or mediation unless excused by the court or under a local rule.

(c) Pro Hac Vice Motion. An out-of-state attorney must request admission pro hac vice for each case.

• (1) Requirements. The following requirements apply to the motion for admission pro hac vice.
  • (A) The Kansas attorney must file the motion.
  • (B) The motion must include the out-of-state attorney's verified application under subsection (d).
  • (C) The Kansas attorney must file the motion as soon as possible but no later than the date the out-of-state attorney appears on any document filed in the case or appears at any proceeding.
  • (D) The Kansas attorney must serve the motion on all counsel of record, unrepresented parties not in default for failure to appear, and the client the out-of-state attorney seeks to represent.
• (2) Denial of Motion. OAH must specify the reason for denying any pro hac vice motion.

(d) Verified Application.

• (1) Contents. The out-of-state attorney must include the following information in the attorney's verified application for admission pro hac vice:
  • (A) the client represented;
  • (B) the Kansas attorney's name; attorney registration number; business address; telephone number; e-mail address; and fax number, if any;
  • (C) the out-of-state attorney's business address; telephone number; e-mail address; and fax number, if any;
  • (D) all jurisdictions that have admitted the out-of-state attorney to the practice of law and the dates of admission and attorney registration numbers;
  • (E) a statement that the out-of-state attorney is in good standing under the rules of each jurisdiction identified under subsection (d)(1)(D);
  • (F) a statement that the out-of-state attorney has never received public discipline, including suspension, disbarment, or loss of license, in any jurisdiction;
  • (G) a statement that the out-of-state attorney has no pending attorney disciplinary complaint in any jurisdiction or a detailed description of the pending complaint and the address of the disciplinary authority in charge; and
  • (H) the case name, case number, and court where the out-of-state attorney has appeared pro hac vice in Kansas in the last 12 months, if any.
• (2) Obligation to Report Changes. The out-of-state attorney has a continuing obligation to notify OAH of any change in the information the attorney provided in the application.

(e) Fee. The attorney must submit a non-refundable fee of $50, payable to the Office of Administrative Hearings, with each motion for admission pro hac vice.

(f) Fee Waiver. The Kansas attorney may move the court to waive the fee if the out-of-state attorney represents the government or an indigent party. The Kansas attorney must move for waiver before filing the motion for admission pro hac vice.

(g) Service. Serving a document on the Kansas attorney has the same effect as personally serving the document on the attorney admitted pro hac vice.

(h) Consent to Disciplinary Jurisdiction. An out-of-state attorney who is admitted consents to the exercise of disciplinary jurisdiction under Kansas Supreme Court Rule 202(a)(5).

(i) Appearance by Self-Represented Litigant. This rule does not prohibit a party from appearing before OAH on the party's own behalf.

* This is all in accordance with Kansas Supreme Court Rule 116.