Tuesday, October 04, 2005

D.C. Court of Appeals to Assist Attorneys Affected by Hurricane Katrina

FOR IMMEDIATE RELEASE Contact: Leah Gurowitz 879-1700 September 20, 2005


D.C. Court of Appeals to Assist Attorneys Affected by Hurricane Katrina
-- Lawyers from affected states allowed to temporarily locate practice in DC --.



WASHINGTON, D.C. – Chief Judge Eric T. Washington of the D.C. Court of Appeals announced today that the Court has issued an Order making it clear that attorneys displaced by Hurricane Katrina may temporarily operate their practice in D.C. without running afoul of the Unauthorized Practice of Law rules. “We realize that there are lawyers from Louisiana, Mississippi and Alabama who may want to conduct their practice from the District, temporarily. In an effort to lighten the burden of their evacuation and relocation process, and to assist the justice systems in the affected states, the Court has made it clear that attorneys displaced by Hurricane Katrina can temporarily practice from the District of Columbia without running afoul of Rule 49 of the District of Columbia Court of Appeals which governs the unauthorized practice of law,” said Chief Judge Washington. “This Court wants to do everything it can to assist the courts, the parties, the judges and the lawyers in Louisiana, Mississippi and Alabama.

The order issued today by the full D.C. Court of Appeals allows attorneys displaced by the hurricane to “practice law until February 28, 2006, from a location in the District of Columbia as if the attorney were located in the attorney’s home jurisdiction.” Attorneys practicing under this rule are responsible for making clear to clients that they are not admitted to practice in the District of Columbia. A memorandum and copy of the order were sent to the BarAssociations and Supreme Courts of Louisiana, Mississippi and Alabama, as well as the American Bar Association.

Chief Judge Washington closed his memorandum to his colleagues in the affected region by expressing the Court’s sympathy over the tragedy: “We share the nation’s sorrow over the tragedy that has befallen your states, and hope that this accommodation to your states’ attorneys will aid in the restoration of a fully functioning system of justice…”




September 20, 2005

TO: Supreme Courts of Louisiana, Mississippi and Alabama
State Bar Associations of Louisiana, Mississippi and Alabama
American Bar Association

FROM: Eric T. Washington
Chief Judge

SUBJECT: Temporary Admission to Practice Law from the District of Columbia

The District of Columbia Court of Appeals and the District of Columbia Bar offer our best wishes in your efforts to recover from the disaster wrought by Hurricane Katrina and to re-establish a functioning system of justice in your states. At the request of the Presidents of the District of Columbia Bar and the American Bar Association, the District of Columbia Court of Appeals has approved an order clarifying the court’s rules regarding the unauthorized practice of law to permit lawyers from your states who were displaced by Hurricane Katrina to continue to practice while temporarily residing in the District of Columbia. The rule permits lawyers from your states, who are in good standing, to practice law until February 28, 2006, from a location in the District of Columbia as if they were located in the attorney’s home jurisdiction. Enclosed is a copy of the subject order, which was filed this date.

We share the nation’s sorrow over the tragedy that has befallen your states, and hope that this accommodation to your states’ attorneys will aid in the restoration of a fully functioning system of justice in Louisiana, Mississippi and Alabama. Please feel free to call upon me or my colleagues if we can be of further assistance during these difficult times.

1 Enclosure


District of Columbia
Court of Appeals



No. M-224-05

BEFORE: Washington, Chief Judge; Terry, Schwelb, Farrell, Wagner, Ruiz, Reid, Glickman, and Kramer, Associate Judges

ORDER AUTHORIZING PRACTICE OF LAW BY ATTORNEYS DISPLACED BY HURRICANE KATRINA.

WHEREAS Hurricane Katrina has caused widespread devastation that made it impossible to live or practice law in substantial portions of Louisiana, Mississippi, and Alabama, and forced thousands of residents to relocate to other jurisdictions, including the District of Columbia;

WHEREAS the evacuees include attorneys licensed in those states with professional obligations to their clients;

WHEREAS the District of Columbia Bar and the American Bar Association have asked that courts accommodate the practice needs of lawyers displaced by Hurricane Katrina; and

WHEREAS it is in the interests of justice to avoid uncertainty about whether Rule 49 of the Rules of this Court permits displaced lawyers to continue to practice while temporarily residing in the District of Columbia;

Now, therefore, it is hereby ORDERED that:

Notwithstanding anything in Rule 49, an attorney who is an active member in good standing of the bar of the highest court of Louisiana, Mississippi, or Alabama, and who has been displaced from the attorney’s home jurisdiction due to Hurricane Katrina, is permitted to practice law until February 28, 2006, from a location in the District of Columbia as if the attorney were located in the attorney’s home jurisdiction.

Any attorney practicing law from a location in the District of Columbia pursuant to this Order shall inform clients and other persons to whom the attorney holds out as an attorney that the attorney is not admitted to practice in the District of Columbia.

ENTERED BY DIRECTION OF THE COURT



GARLAND PINKSTON, JR., Clerk


September 20, 2005

Traffic court back in session in Jefferson Parish

from the Times-Picayune

Attention, bad drivers: Traffic court back in session in Jefferson Parish
5:17 p.m.

By Matt Scallan
East Jefferson bureau

In what surely is an unwelcome sign of normalcy for some, traffic court in Jefferson Parish is back in business.

First and Second Parish courts opened Monday for the first time in five weeks, and court officials urged drivers who missed court dates because of Hurricane Katrina and Rita evacuations to stop by to resolve pending cases.

"We're asking people to just come in, or if they can't come in to call us," Judge Rebecca Olivier of First Parish Court said.

Even people with outstanding warrants won't be arrested if they try to resolve their issues, said Judge Stephen Gefer of Second Parish Court.

"We've instructed our staff to work with people," he said. "We want to help anyone who is trying to do the right thing."

The district attorney's office has assigned assistants to stay in court all day to handle traffic matters, unlike the normal routine in which traffic is limited to the evening schedule.

Parish courts handle traffic and misdemeanor cases, which include first- and second-offense drunken driving, shoplifting and battery cases, as well as small civil matters.

The buildings that house First Parish Court in Metairie and Second Parish Court in Gretna suffered some storm damage. But no information in the computer systems has been lost, court administrators said.

More than 30 people waited in line at Second Parish Court on Monday. Gilbert Higgerson of Bridge City, who hoped to deal with a citation for running a stop sign, leaned against a column in the building's lobby near a sign that said "Contempt Department." He wore an expression that said he wished he were somewhere else.

"It looks like everybody went to lunch at the same time," he grumbled. "They should let them go in shifts."

Still, traffic was light in both courts. Grefer said no more of the 10 of the 120 people scheduled for Monday's docket showed up.

"That's not really surprising, given the number of people who have evacuated," he said.

Under normal circumstances, arrest warrants would be issued for the no-shows. But considering the havoc wreaked by two hurricanes, Grefer said the court is being more flexible. First Parish Court Administrator Bea Parisi said her staff re-programmed the court's computers to eliminate its normal commands to sic law enforcement agencies on no-shows.

"There are procedures in place, but we're overriding some of that because of the circumstances," she said.

That doesn't mean that the court will be so understanding forever, Olivier said.

"Anyone has a case before us really needs to come in as soon as they can," she said.

Louisiana Supreme Court Suspends CLE Requirement for 2005

The Louisiana Supreme Court has suspended the continuing legal education (CLE) requirement effective for calendar year 2005 only. The court’s action is in response to the hardships imposed by the two recent hurricanes on Louisiana-licensed attorneys. The annual minimum legal education requirement of 12.5 CLE hours will be back in force for calendar year 2006, unless amended or changed through future orders of the court. For the full order, go to: http://www.lsba.org/home1/SCO09292005.pdf

Dues, Assessment Must Be Paid by Oct. 31 to Avoid Penalties, Ineligibility

The Louisiana Supreme Court and Louisiana State Bar Association have extended the date for noncompliance provisions to be imposed on Louisiana-licensed lawyers who fail to timely file an Attorney Registration Statement and/or fail to pay the 2005/2006 Louisiana State Bar Association dues and the Louisiana Attorney Disciplinary Board assessment. Both were due and payable on July 1. Members whose payments and registration statements are not received at the LSBA’s temporary Lafayette offices by Monday, Oct. 31, 2005, shall be assessed penalties and will be certified ineligible to practice law. Fees for 2005/2006 are as follows:
• Dues for members admitted three years or less - $40
• Dues for members admitted more than three years - $100
• Disciplinary assessment for members admitted three years or less - $100
• Disciplinary assessment for members admitted more than three years - $165
Payments and registration statements should be mailed to: Attorney Registration, P.O. Drawer 52828, Lafayette, LA 70505. Additional notices regarding dues and assessments will not be mailed. Those members not in compliance were mailed notices on August 5 and advised that they would be certified ineligible if they did not comply by September 6. This deadline was extended due to the August 29 Hurricane Katrina strike. Questions should be directed to membership@lsba.org . Go to: http://www.lasc.org/katrina_orders/RuleXIX_8d_8e.pdf for a full copy of the Court Order.

Free CLE on Rebuilding Practice After Disaster

The Louisiana State Bar Association will sponsor a free CLE program entitled “Rebuilding Your Practice After Disaster Strikes” on Friday, Oct. 7 at the Best Western Hotel Acadiana in Lafayette. The full-day CLE with ethics credits will begin at 8 a.m. with registration. For details, including a list of speakers and topics, go to: http://www.lsba.org/CLE-1/cle-rebuilding_your_practice_a.html

Update on Attorney Disciplinary Board and Committee on Bar Admissions

Effective Monday, October 3, 2005, the Louisiana Attorney Disciplinary Board http://www.ladb.org and the Louisiana Supreme Court Committee on Bar Admissions http://www.lascba.org resumed operations at their Metairie location. Until the curfew is lifted in Jefferson and surrounding parishes the agencies' office hours will be from 8:30 a.m. until 4 p.m., Monday-Friday.

Interested parties may submit documents to the Disciplinary Board or Bar Admissions by mail at 2800 Veterans Memorial Blvd., Suite 310, Metairie, LA 70002, or by fax at (504) 834-1449.

For additional information, visit the agencies' websites or contact the Disciplinary Board at (504) 834-1488 or (800) 489-8411, or Bar Admissions at (504) 836-2420 or (800) 314-1530.