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Admission to the Tenth Circuit at issue in Court’s Order to Show Cause

admissionThe Tenth Circuit Court of Appeals issued an Order to Show Cause as to why the attorney for now bankrupt Yellowstone Mountain Club LLC’s former owner should not be disciplined for failing to apply for admission to the Tenth Circuit bar.  Tenth Circuit Rule 46.2(A) requires that, “Upon filing a case or entering an appearance in this court, an attorney who is not admitted to the Tenth Circuit bar must apply for admission.”

According to the Order, in November 2015, an attorney for appellant Timothy Blixseth filed an entry of appearance in Mr. Blixseth’s appeal to the Tenth Circuit, which seeks to revive a racketeering suit against Cushman & Wakefield and Credit Suisse.  By filing his notice of appearance, Mr. Blixseth’s counsel triggered his obligation to apply for admission to the Tenth Circuit bar under Rule 46.2(A) the Order says.

Mr. Blixseth’s Counsel Continually Failed to Apply for Tenth Circuit Admission

On the day after Mr. Blixseth’s counsel filed his notice of appearance, the Tenth Circuit notified him or the requirement that he comply with Rule 46.2(a).  Mr. Blixseth’s counsel was again notified of his obligation to apply for admission with the Tenth Circuit bar in later December.  Since then, the Tenth Circuit stated they had “contacted [Mr. Blixseth’s counsel] via email and telephone numerous times, both to remind him of his obligation to apply for admission to this court’s bar, and provide him with the information and assistance necessary to do so.”  However, for whatever reason, Mr. Blixseth’s counsel has continually failed to apply for admission to the Tenth Circuit bar.  As a result, “he remains in violation of 10th Cir. R. 46.2(A) the court said.

Mr. Blixseth’s attorney was ordered to show cause on or before February 22, 2015 “why he should not be removed as counsel for the appellant, and why he should not be disciplined by this court for his failure to take the action necessary to comply with our local rules in the nearly three months since he was first notified of this deficiency.”

Order to Show Cause “Discharged”

According to a subsequent Order from the Tenth Circuit, the previous Order to Show Cause has been “discharged,” but Mr. Blixseth’s counsel “remains required to submit a certificate of good standing forthwith.”

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