David J. Gallo, Movant-Appellant v. United States District Court for the District of Arizona, Real Party in Interest-Appellee

Movant-Appellant David J. Gallo (“Gallo”) appeals from the District Court’s order that pursuant to an amendment to Rule 1.5 of the Local Rules of the United States District Court for the District of Arizona (“Rule 1.5”), Gallo no longer may appear before the District of Arizona without successful completion of a pro hac vice application. In his appeal, he argues that the rule is unconstitutional and that the District Court erred in concluding that Gallo had received sufficient notice of the applicability of the amendment to him and that the Ninth Circuit should exercise its supervisory power to direct the District Court to apply Rule 1.5(a) prospectively.

BACKGROUND

Gallo was admitted to the Bar of the United States District Court for the District of Arizona (the “District Court”) on July 28, 1995, under Local Rule 1.5, which allowed non-resident attorneys to gain admission based on their admission to the bar of any United States District Court. In September 1999, the District Court amended Local Rule 1.5 to state: “Admission to and continuing membership in the bar of this Court is limited to attorneys who are active members in good standing of the State Bar of…