U.S. Code > Appendix to Title 10 (Rules of Court of Appeals for the Armed Forces) > UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES— > ATTORNEYS— > Rule 13A. Student Practice Rule

Rule 13A. Student Practice Rule

(a) Appearance by Law Student. With leave of this Court, an eligible law student acting under a supervising attorney may appear in a particular case, except a case in which any party is under or is potentially subject to a sentence of death, on behalf of any party, including the United States, provided that the student and supervising attorney comply with the provisions of this rule.
(b) Eligibility of Student. To be eligible to appear and participate in any case, a law student must:
(1) be a student in good standing in a law school approved by the American Bar Association, or be a recent graduate of such school awaiting the result of a state bar examination;
(2) have completed legal studies amounting to at least four semesters, or the equivalent if the school is on some basis other than a 3 year, 6 semester basis;
(3) have completed and received a passing grade in courses in criminal procedure and criminal law;
(4) neither ask for nor receive any compensation or remuneration of any kind from the person on whose behalf the services are rendered; and
(5) be familiar with the Uniform Code of Military Justice and the rules of this Court.
(c) Supervising Attorney Requirements. A supervising attorney must:
(1) be an attorney of record in the case;
(2) be a member in good standing of the bar of this Court;
(3) have been admitted to practice for a minimum of two years and have appeared and argued in at least one case before this Court or appeared and argued in at least three cases before state or Federal appellate courts;
(4) not supervise more than five (5) students at any one time;
(5) appear with the student in any oral presentations before this Court;
(6) read, approve and sign all documents filed with this Court;
(7) assume personal professional responsibility for the student’s work in matters before this Court;
(8) be responsible to supplement the oral or written work of the student as necessary to ensure proper representation of the client;
(9) guide and assist the student in preparation to the extent necessary or appropriate under the circumstances;
(10) be available to consult with the client; and
(11) neither ask for nor receive any compensation or remuneration of any kind from the person on whose behalf the services are rendered.
(d) Authorization and Certification. (1) The party on whose behalf the student appears must consent to the representation by that student in writing.
(2) The supervising attorney must indicate in writing approval of the appearance by the law student and consent to supervise the law student.
(3) The law student must be certified by the dean of the student’s law school as being of good character and competent legal ability.
(4) Before commencing student representation in any case under this rule, the supervising attorney shall file a motion for leave to allow student representation in such case. The motion should put forth that the provisions of this rule have been met and that in counsel’s view the case is an appropriate one for student representation. The written consent, approval and certification referred to above shall be attached to the motion. A copy of the motion shall be served on opposing counsel, but no answer will be allowed except with leave of the Court. Once these documents are filed, the Court will decide, using its discretion on a case-by-case basis, whether to allow the student representation.
(e) Activities. Upon fulfilling the requirements of this rule, the student may enter an appearance in a case and:
(1) assist in the preparation of briefs and other documents to be filed in this Court, but such briefs or documents must also be signed by the supervising attorney;
(2) participate in oral argument, but only in the presence of the supervising attorney; and
(3) take part in other activities in connection with the case, subject to the direction of the supervising attorney.
(f) Termination. The dean’s certification of the student:
(1) shall remain in effect, unless sooner withdrawn, until the publication of the results of the first bar examination taken by such student following the student’s graduation. For any student who passes that examination the certification shall continue in effect until the date the student is admitted to the bar;
(2) may be withdrawn by the Court at any time; and
(3) may be withdrawn by the dean at any time.
(g) Exceptions. (1) This rule does not apply to an appearance or an oral argument by a law student on behalf of an amicus curiae.
(2) Nothing in this rule shall preclude the Government or any agency, firm, or organization from compensating a law student for services rendered under such rule.
(3) The Court retains the authority, on good cause shown, to establish exceptions to these procedures in any case. See Rule 33.