Non-Resident Attorney Appearance (Pro Hac Vice)
A reputable attorney who resides outside of Texas and who is licensed in another state or foreign jurisdiction - but not in Texas -may seek permission to participate in the proceedings of any particular cause in a Texas court or body by following the steps set out in Texas Government Code §82.0361 and Rule 19 of the Rules Governing Admission to the Bar of Texas. Satisfying the non-resident attorney fee is the "mandatory initial requirement" in the process.
The non-resident attorney fee is $250 per attorney, per cause. Use the on-line Non-Resident Attorney Fee Submission Form, found at the link to the Texas Board of Law Examiners below, to submit the fee.
After processing your completed Submission Form, you will be issued an Acknowledgement Letter containing the non-resident attorney name, the cause number, and the Texas court or body in which the proceeding is pending. The Acknowledgment Letter will serve as proof that the non-resident attorney has satisfied the required fee. The Acknowledgment Letter will be delivered to you by e-mail, as instructed in the Submission Form. Once the Acknowledgment Letter is delivered, its contents cannot be altered, and the fee cannot be refunded or transferred for any reason. For more information, see Rule 19 of the Rules Governing Admission to the Bar of Texas and Texas Government Code §82.001 et seq. For information on asking the Supreme Court of Texas to waive or reduce the non-resident attorney fee, see Request to Waive or Reduce Non-Resident Attorney Fee.)
After satisfying the fee requirement, a non-resident attorney must then file a motion in the Texas court or body in which the attorney is requesting permission to appear. The motion must be accompanied by the Acknowledgment Letter, as well as a motion from a resident practicing Texas attorney. See Rule 19 for information on the required form and content of these motions. The decision to grant or deny a motion for permission to participate is made by the Texas court or body in which it is filed.
The Local Selection Committee for the Seventh Administrative Judicial Region of Texas has approved revisions to its Standards for Qualification of Attorneys for Appointment to Capital Cases, effective October 1, 2011. A copy is attached.
The Legislature passed SB 1308, effective September 1, 2011, which required each Region to amend its standards for attorney qualifications. Specifically, the bill amends Article 26.052, Code of Criminal Procedure to give attorneys who have previously been found to have rendered ineffective assistance of counsel in a capital case an opportunity to request that a local selection committee make a determination regarding the attorney's current ability to provide effective representation in capital cases.
I respectfully request that the local administrative district judge in each county ensure that a copy of theses revised standards is furnished to the District Clerk.
A copy of the revised standards will be posted on the Seventh Administrative Judicial Region’s website. Please Click Here