Former/Current Fed Clerks: Do PHV admissions involve background checks?

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Former/Current Fed Clerks: Do PHV admissions involve background checks?

Post by Anonymous User » Sat Jun 06, 2020 5:43 pm

Title mostly says it all. Are PHV motions/applications subject to criminal background checks? I don't think they are, and have never heard of it, but don't know for sure. My sense is that PHV motions are routinely approved provided they are compliant with the court's rules and there's no opposition. But I'd be glad to hear exactly what happens when a PHV motion comes in the door.

Anon b/c sensitive question.

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Re: Former/Current Fed Clerks: Do PHV admissions involve background checks?

Post by Anonymous User » Sat Jun 06, 2020 8:14 pm

When I clerked, they were basically rubber stamped. I have never heard of anyone ever really closely reviewing them, much less looking into an applicant's criminal background.

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Re: Former/Current Fed Clerks: Do PHV admissions involve background checks?

Post by Anonymous User » Tue Jun 09, 2020 12:03 pm

OP here. Thanks! That was what I figured. Any other fed clerks able to confirm?

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Re: Former/Current Fed Clerks: Do PHV admissions involve background checks?

Post by Anonymous User » Tue Jun 09, 2020 12:07 pm

Anonymous User wrote:
Tue Jun 09, 2020 12:03 pm
OP here. Thanks! That was what I figured. Any other fed clerks able to confirm?
Former district court clerk here. A PHV application virtually never requires a background check. Note that some criminal convictions may trigger bar discipline, which you would have to report on a PHV application and which some judges may investigate further if disclosed. But a general, a run of the mill PHV application will not require any criminal background check at all.

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Re: Former/Current Fed Clerks: Do PHV admissions involve background checks?

Post by Anonymous User » Tue Jun 09, 2020 12:37 pm

this is so wildly paranoid that I feel for OP. Pro hacs get approved if you pay the fee

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Re: Former/Current Fed Clerks: Do PHV admissions involve background checks?

Post by Anonymous User » Tue Jun 09, 2020 12:45 pm

OP here. Thanks all. Very helpful.

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Re: Former/Current Fed Clerks: Do PHV admissions involve background checks?

Post by Anonymous User » Tue Jun 09, 2020 1:12 pm

In my district, PHV applications are not even processed by the clerks - they go to a magistrate judge/clerk's office (specifically, attorney admissions) who confirm that you are in good standing with your bar.

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Re: Former/Current Fed Clerks: Do PHV admissions involve background checks?

Post by PriyaRai » Tue Jun 09, 2020 1:31 pm

Anonymous User wrote:
Tue Jun 09, 2020 1:12 pm
In my district, PHV applications are not even processed by the clerks - they go to a magistrate judge/clerk's office (specifically, attorney admissions) who confirm that you are in good standing with your bar.
Like they call up your state bar to double check? Or they verify that you've included a rote affidavit complying with local PHV requirements.

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Re: Former/Current Fed Clerks: Do PHV admissions involve background checks?

Post by Anonymous User » Tue Jun 09, 2020 2:03 pm

I litigated a case where OC objected to the PHV motion. The judge was totally unamused (it was a frivolous objection to try to keep biglaw out of the case relatively late in the game). Also I clerked and the judge never even put eyes on a PHV motion.

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