[Rules of Admission for Attorneys to Practice in the Courts of the Republic of Palau]
IN THE
SUPREME COURT OF THE REPUBLIC OF PALAU
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IN RE RULES OF ADMISSION ) ORDER
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These Rules of Admission are promulgated by the Supreme Court of the Republic of Palau
pursuant to Article X, Section 14 of the Constitution and 4 PNC § 101. They take effect
immediately, and supersede all previously promulgated Rules of Admission.
/s/
Date: 12/14/01 ARTHUR NGIRAKLSONG
Chief Justice
/s/
LARRY W. MILLER
Associate Justice
/s/
R. BARRIE MICHELSEN
Associate Justice
/s/
KATHLEEN M. SALII
Associate Justice
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Promulgated by the Palau Supreme Court, December 12, 2001
[Footnote: The Order establishing these rules was signed December 14, 2001.]
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Rule 1. Except as provided in Rule 5 of these rules, only those persons admitted to the
practice of law before the courts of the Republic of Palau may practice law in the Republic
of Palau.
Rule 2. Any person seeking to be admitted to practice law before the courts of the
Republic of Palau shall be certified for admission to practice before the courts of the
Republic of Palau if the applicant satisfies all of the following requirements:
(a) Is of good moral character, as demonstrated by a certificate of good standing, issued
within 30 days of the application for admission, from the bar of each jurisdiction in which
the applicant is a member. Each certificate shall demonstrate that the applicant has not
been the subject of original or reciprocal disciplinary proceedings in that jurisdiction, and
that the applicant is not currently under investigation in that jurisdiction for alleged
violations of the canons of ethics or the rules of admission. The applicant shall also
personally attest that he or she has never been disbarred in any jurisdiction. If the
applicant is not and has never been an active member of any bar then he or she must
submit a letter attesting to the applicant’s good moral character from the dean (or the
dean’s designee) of the law school from which the applicant graduated;
(b) Has never been convicted of a felony, or if so convicted, has received a full pardon
from a competent authority;
(c) Has graduated from an accredited law school in the United States, its territories or
possessions, or other foreign country; and
(d) Has taken and passed a bar examination administered by the Supreme Court of the
Republic of Palau or its designee.
Rule 3.
(a) Any attorney who is a salaried employee of the Republic of Palau National
Government, or any state or other governmental entity of the Republic of Palau, or of the
Micronesian Legal Services Corporation, and who has been in active practice of law at
any time within the five (5) years immediately preceding the date of employment, may
practice law in Palau without complying with Rule 2(d) of these rules for a single period of
four (4) years, commencing on the first day of employment, so long as the attorney is
acting within the scope of employment and maintains membership in good standing in the
bar of any state, territory, or possession of the United States or other foreign country.
For the purpose of this section, the active practice of law includes those periods in which
the attorney was employed by a judicial officer as a law clerk or staff attorney.
Any practice of law after the expiration of this four (4) year period, or on behalf of any non-
governmental person or entity at any time, without first having complied with Rule 2(d) of
these rules, constitutes the unauthorized practice of law.
(b) Any law school graduate who otherwise meets the requirements of Rule 2 and who is
employed by the Republic of Palau National Government, or any state or other
governmental entity of the Republic of Palau, or the Micronesian Legal Services
Corporation, or by a private attorney who is an active member of the Palau Bar and
maintains an office in Palau, may be admitted to practice law in Palau without complying
with Rule 2(d) of these rules within four (4) years of the employee’s graduation from law
school, so long as the employee is making all efforts to comply with Rule 2(d), and so long
as the employee is acting within the scope of employment, and is under the supervision
of an attorney who has been an active member of the Palau Bar for at least two years.
Such supervision includes the duty to examine and sign all pleadings filed, but does not
require the Bar member to be present at court proceedings except (1) as the supervisor
deems necessary to ensure competent representation; or (2) in criminal matters in which
a felony has been charged; or (3) as the Court in any particular case may direct.
Rule 4.
(a) Any attorney admitted to practice before the courts of the Republic of Palau who does
not maintain an office in Palau may file pleadings and other documents in the courts of the
Republic of Palau, and may be served with such documents, in any manner permitted by
the Rules of Civil Procedure. Any attorney filing or receiving documents under this rule
must pay a $25 fee to cover the cost to the Clerk of Courts of transmitting court orders,
decisions, opinions, etc. to him or her; provided, that if the cost of transmitting
documents to the attorney exceeds $25 for any given year, the attorney must pay for the
excess transmission costs. Any document not issued by the court must be served by
opposing counsel.
(b) In individual cases, and for cause, the Supreme Court may require that pleadings and
other documents be filed by, and served upon, an agent appointed by the
attorney. Such agent must be an attorney or trial counselor who is admitted to practice
law in the Republic of Palau and who maintains an office in the Republic of Palau.
Rule 5. An attorney not admitted to practice before the courts of the Republic of Palau
may, on motion, be admitted for the special purpose of handling a particular case by the
Justice before whom the case is pending. Any attorney so admitted shall comply with
Rule 4(b) of these rules. Any motion made under this rule must be accompanied by a $100
special appearance fee.
Rule 6. A bar examination shall be given from time to time on dates to be determined by
the Supreme Court. The examination shall be designed to test the applicant’s knowledge
of the canons of ethics, proficiency in writing and reasoning, and legal knowledge,
including Palauan customary law and the laws applicable in the Republic of Palau.
Rule 7. In order to apply to take the bar examination, an applicant must submit to the
Supreme Court the application form prescribed by the Supreme Court along with an
application fee of $100. The admission fee shall be paid and the application filed at least
forty -five (45) days before the scheduled date of the next bar examination.
Rule 8. If an applicant meets the requirements set forth in Rule 2 of these rules, that
applicant shall be notified by the Supreme Court of the date to appear before the
Supreme Court to be sworn in to the Palau Bar.
Rule 9. An attorney may either be an active or an inactive member of the Palau Bar. An
inactive member may not practice law in the Republic of Palau. Members of the Palau Bar
must pay an annual fee to maintain their membership.
(a) During the first year of admission, an attorney must pay the annual fee before
engaging in the practice of law in Palau. For the first year of admission for active and
inactive attorneys, the annual fee for the year is as follows:
For attorneys admitted during the months of January, February or March, the annual fee is
$200; For attorneys admitted during the month of April, the annual fee is $180; For
attorneys admitted during the month of May, the annual fee is $160; For attorneys
admitted during the month of June, the annual fee is $140; For attorneys admitted during
the month of July, the annual fee is $120; For attorneys admitted during the month of
August, the annual fee is, $100; For attorneys admitted during the month of September,
the annual fee is $80; For attorneys admitted during the month of October, the annual fee
is $60; For attorneys admitted during the month of November, the annual fee is $40; For
attorneys admitted during the month of December, the annual fee is $20.
(b) After the first year of admission, the annual fee for active members of the Bar is $200.
After the first year of admission, the annual fee for inactive members of the Palau Bar is
$100. For each year after the first year of admission, the annual fee must be paid by
January 20. The failure of an active member to timely pay his or her annual fee shall be
the suspension of his or her privilege to practice law in the Republic of Palau. Any
attorney who fails to pay his or her annual fee by January 20 must pay his or her annual
fee and a $50 late charge within 90 days of the date the Clerk of Courts mails a late fee
notice. If an attorney fails to pay his or her annual fee and the late charge within the 90
days, the attorney shall be deemed to have resigned from the Palau Bar.
(c) Payment shall be by check made payable to the “Palau Bar Association,” and shall be
delivered to the Clerk of Courts for deposit in a segregated account in the name of the
Palau Bar Association. All monies in said account shall be administered by the President
of the Palau Bar Association and the Chief Justice for the benefit of the members of the
Palau Bar Association and all checks drawn upon said account shall be jointly signed by
the President of the Palau Bar Association or his or her designee and by the Chief Justice
or his or her designee. The President of the Palau Bar Association and the Chief Justice
shall provide the members with an annual report identifying the account balance, the
amount of fees collected, and the amount of expenditures.
Rule 10. Any member of the Palau Bar convicted in any jurisdiction of a felony or other
crime involving dishonesty or false statement, and any member of the Palau Bar
disbarred or suspended from the practice of law in any court of competent jurisdiction,
shall automatically be suspended from the practice of law in the Republic of Palau.
Provided, that in the event a member of the Palau Bar is disciplined in some other
jurisdiction and the Palau Supreme Court determines from the record upon which the
discipline was predicated that:
(a) the procedure was so lacking in notice or opportunity to be heard as to constitute a
deprivation of due process; or
(b) there was such an infirmity of proof establishing the misconduct that this Court could
not, consistent with its duty, accept as final the conclusion on that subject; or
(c) the imposition of the same discipline by this Court would result in grave injustice; or
(d) the misconduct established is deemed by this Court to warrant substantially different
discipline, then such attorney shall not be automatically similarly disciplined by this Court.
An attorney automatically suspended pursuant to this Rule may be reinstated upon
approval of the Court only on written application showing cause why such attorney should
be reinstated, excepting, however, that in the event the discipline imposed in the other
jurisdiction has been stayed there, the discipline imposed in this Court shall likewise be
deferred until such a stay expires in the other jurisdiction.
Any member of the Palau Bar convicted, disbarred, or suspended as described in this
Rule shall immediately notify in writing the Clerk of Courts of such action and shall state
the particulars thereof.
Rule 11. An attorney admitted to the Palau Bar who is under investigation for
misconduct or who is facing disbarment proceedings in any court of competent
jurisdiction, and who resigns from the bar of the investigating jurisdiction, or who
voluntarily permits a license to practice therein to terminate, shall be deemed by this
Court to have been disbarred in that other jurisdiction and shall forthwith be disbarred
from practicing in this Court. An attorney disbarred pursuant to this Rule may be
reinstated upon approval of the Court on written application showing cause why such
attorney should be reinstated.
Rule 12. Except for use by an attorney admission, disciplinary, and/or judicial selection
authority of any jurisdiction in which an applicant is admitted to practice or seeks to
practice law, applications and other information submitted in connection with applications
for admission to the Palau Bar shall be absolutely privileged and no lawsuits predicated
thereon may be instituted. Members of the Palau Bar and court staff performing duties or
functions under these rule shall be absolutely immune from suit and liability for any
conduct in the course of their official duties.
Rules of Admission
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RULES OF ADMISSION FOR ATTORNEYS
AND TRIAL COUNSELORS
AND TRIAL COUNSELORS
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