UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF KENTUCKY

COVINGTON DIVISION

 

 

IN RE:

CRAIG A. ERVEN

DEBTOR CASE NO. 93-20837

 

 

CRAIG A. ERVEN PLAINTIFF

 

VS. ADV. NO. 93-2084

 

ELISSA WITTMAN DEFENDANT

 

MEMORANDUM OPINION

 

This matter is before the Court on the defendant's Motion to Vacate Order, filed herein on December 17, 1993. The Order to which the defendant's Motion refers is this Court's Order of November 24, 1993, requiring defendant's counsel to designate resident counsel for receipt of service. This requirement is stated in Rule 3(c) of the Joint Local Rules for the United States District Courts of the Eastern and Western Districts of Kentucky.

Counsel for the defendant, who practices in Cincinnati, Ohio, is licensed to practice in Kentucky and has been admitted to practice in the United States District Court for the Eastern District of Kentucky. She maintains that the requirement of designation of local counsel is "unconstitutional", and cites in support of her position Frazier v. Heebe, 107 S.Ct. 2607 (1987). She states that this case struck down a local rule of court in the United States District Court for the Eastern District of Louisiana "that similarly required a designation of residence (sic) counsel."

Counsel for the defendant has apparently misread the Frazier case. What the Supreme Court actually did in that case was to strike down a local rule that required applicants for admission to the bar of Louisiana to be Louisiana residents. Frazier v. Heebe, at p. 2612.

While Judge Bertelsman may have granted a "similar motion" in another case, this Court is unaware of the circumstances of that motion. In any event, Rule 3(c) has not been abrogated, and its requirement stands. It would appear that a proper motion to abrogate this rule should be addressed to the District Court, generally, who promulgated it. This Court will therefore enter a separate order overruling the defendant's Motion to Vacate Order.

Dated:

By the Court -

 

 

____________________________

Judge

Copies to:

Debtor

Monica R. Bohlen, Esq.

Michael L. Baker, Esq.