Appointment of Counsel Plans for Civil Cases in the Dist. Cts. Table 2013
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Pro Bono in the District Courts Cir 1 Dist ME PR 2 ED NY WD NY {07085630;1} Description of Program or Procedures for Appointment of Counsel in Civil Cases No plan or program, referrals to Yellow Pages, ME Bar Assn. or, if income eligible, to legal services (LSC funded programs are prohibited by law from representing prisoners) Mandatory Pro Bono Program, Local Rule 83L-adopted Oct. 2010; established procedure for appt. of counsel and pay exp.; funded by bar admission dues; clerk selects names randomly on an annual basis from members of the trial bar to serve on panel; no member is selected for a subsequent panel until all members of the bar have been selected; clerk selection of atty. from the panel is based on language proficiency, experience, case preference; exemptions for lawyers not having principal office in PR, gov’t lawyers, and legal aid attys.; attys. can volunteer to be on a panel; Program is administered by Asst. Ct. Clerk Jorge Soltero Pales, Esq., 787-772-3018 (TAB 1) Written Plan re Rules Governing Appt. of Atty. In Pro Se Civil Actions. Attys. volunteer to be on a civil pro se panel by applying indicating the same information sought by the PR Rule; atty. can withdraw at any time from panel; Clerk advises pro se party of the availability of the appointment of counsel; Judge decides whether to appoint counsel from Panel and notifies Clerk to select on random basis; Clerk sends notice to selected panel member; NOA must be made in 30 days; failure of the pro se party to request counsel does not preclude the judge from appointing counsel sua sponte; volunteer atty. to pay expenses unless not able to afford; max. expense paid is $200 unless allowed more by request; atty. may be able to seek and keep statutory fees based on criteria; Program is administered by the Clerk of the Court Tom Gould, 901-508-7919 (TAB 2) Ct. in the midst of revamping pro bono program; Working with University of Buffalo Law School to establish a pro se clinic at the courthouse to assist litigants and a database for pro bono atty. assignments; Contact Clerk of Court Annual Cost Program Program is administered by Assist. Ct. Clerk Program is administered by the Clerk of Court Litigation Exp Prisoner Pro Se Petitions NonPrisoner Pro Se Petitions 26 516 1 64 302 695 298 146 No. Cases Reviewed No. Cases Referred Cir Dist Description of Program or Procedures for Appointment of Counsel in Civil Cases Annual Cost Program Litigation Exp Prisoner Pro Se Petitions NonPrisoner Pro Se Petitions 164 243 643 580 67 74 471 579 70 543 Mike Roerner, 716-551-1750 CT 3 NJ 4 ND WV MD 5 ND TX Standing Order Regarding Pro Bono Representation, Local Rule 83.10; opt-out pro bono panel inclusion for any member of the bar who has appeared as counsel in more than one civil action since 1/1/2006; Clerk sends form to each such atty. to complete and return requesting similar info as PR; atty. can opt-out if done within 21 days of being sent form, otherwise atty. is on the panel; judge decides likely merit & whether counsel should be appointed, and instructs Clerk to appoint panel member from wheel; atty. has 14 days within which to decline apt; if not timely declined, Clerk enters order appting atty.; rule details responsibilities of atty. and relief from appt.; atty. bears expenses unless prior order sought and received for expenses which are handled by the Clerk; atty. may receive statutory fees if prevails; judge may request another atty. handle any appeal; Contact Pro Se Staff Atty., Cynthia Earle, probono@CTD.USCOURTS.GOV (TAB 3) No plan or program, referrals to Yellow Pages, Bar Assn. or, if income eligible, to legal services (LSC funded programs are prohibited by law from representing prisoners) No plan or program, referrals to Yellow Pages, Bar Assn. or, if income eligible, to legal services (LSC funded programs are prohibited by law from representing prisoners) Pro bono program run by Depty. Chief Clerk Jerrett Perlow, 410-962-3191 Pro Bono Civil Panel; written plan for voluntary pro bono panel in which all attys. are encouraged to join; panel is administered by the Clerk’s Office; 22 local law firms and numerous individual practitioners participate; program allows for the payment of atty. fees up to $1,000 and lit. expenses up to $3,500; attys. apply on-line; atty. appointed by Mag. on reference of dist. Judge after a decision case has merit; short term appointment to assist with mediation or summary judgment preparation is allowed; no panel member is called more than twice a year; clerk is respon- Program is administered by the Clerk of Court {07085630;1}2 No. Cases Reviewed No. Cases Referred Cir Dist 6 WD TN 7 CD IL ND IL Description of Program or Procedures for Appointment of Counsel in Civil Cases Annual Cost Program sible for handling expenses; Contact Clerk of Court Karen Mitchell, Karen_Mitchell@TXUSCOURTS.GOV (TAB 4) Civil Pro Bono Panel for Pro Se Indigent Parties, Local Rule 83.7; voluntary membership on pro bono panel; pro se party can apply for apt. of counsel, enter contract for representation with atty. to receive 1/3 of anything recovered or amount of fees awarded, and reimburse any expenses; apt. is at discretion of judge; clerk assigns the atty.; atty. not req’d to handle appeal; Clerk administers expense fund from admission fees and pro hac vice fees; Clerk provides group malpractice insurance; Contact, Clerk of Court Tom Gould, 901-508-7919, Tom_Gould@TNWD.USCOURTS.GOV (TAB 5) Plan for the Appointment of Counsel for Indigent Parties in Certain Civil Cases; attys voluntarily register on-line to be appt’d to be app’td to pro se civil cases; name is placed on list alphabetically, judicial officer determines whether case merits appt’mt of counsel, order sent to Pro Bono Coordinator, and each lawyer app’ted in rotation takes a case one at time unless allowed to decline for established reasons; if declined, case is tendered to next atty on list; alternatively, the Pro Bono Coordinator can recommend to the judicial officer to vacate the appt’mt. If appeal taken, app’ted atty can take or decline. W/in 30 days, app’ted counsel can apply for fees and expenses up to $1,000 and $500 for eligible law students. Pro Bono Coordinator works for the Clerk. Contact: Denise Koester, (512) 4924027, Denise_Koester@ilcd.uscourts.gov (TAB 6) Pro Bono Program, Local Rule 83.35; a mandatory pro bono program; pursuant to LR 83.11(g), every member of the trial bar must represent or assist in representing a pro se litigant; no atty. has to take more than one case per year; exemptions to attys whose office is outside the dist.; legal aid attys, gov’t attys; clerk has to obtain attys experience and type of cases atty will accept; assignment is done by application of the party; once assigned, the atty contin- {07085630;1}3 Litigation Exp Prisoner Pro Se Petitions NonPrisoner Pro Se Petitions 212 235 575 124 878 948 No. Cases Reviewed No. Cases Referred Cir 8 Dist ND IA SD IA ED MO MN Description of Program or Procedures for Appointment of Counsel in Civil Cases Annual Cost Program ues until completed unless discharged; program is run by the Clerk’s office; Contact Assist. Clerk Annette Panter, 312-435-6860, Annette_Panter@ILND.USCOURTS.GOV (TAB 7) Settlement Assistance Program for Pro Se Litigants, Local Rule 83.11,; Program allows pro se litigants to have the assistance of atty at settlement conf. Voluntary attys from the firms who are members of the Chicago Lawyers’ Committee for Civil Rights assist the pro se litigant in settlement confs, attend conf. and assist with responding to Motion to Dismiss if appropriate, but do nothing else in the litigation. Contact LCCR, (TAB 7 – last page) No written plan or program, just referrals to Yellow Pages, Bar Assn. or, if income eligible, to legal services (LSC funded programs are prohibited by law from representing prisoners) No written plan or program, just referrals to Yellow Pages, Bar Assn. or, if income eligible, to legal services (LSC funded programs are prohibited by law from representing prisoners) Plan for the Appointment of Volunteer Counsel for Indigent Parties in Certain Cases; new program to start 1/2014; atty volunteer panel; Clerk or designee is the Pro Bono Public Service Coordinator; once the judge decides an atty is needed, the Clerk sends out notice of the case to all attys on the panel; if no one takes the case within a reasonable time, the Clerk enters a random order assigning someone from the panel to the case, and the atty enters a NOA; limited fees, expenses, and compensation is available; Contact Jim Woodward, Clerk of Court, Jim_Woodward@MOE.USCOURTS.GOV, 314-244-7890 (TAB 8) Pro Se Project of the D. Ct. and FBA; voluntary program of the ct. and FBA to (1) recruit volunteer attys to represent pro se litigants with meritorious claim or defenses & (2) to advise pro se litigants who is pursuing nonmeritorious matter. MN Bar also associated and CLE cred- {07085630;1}4 Litigation Exp Prisoner Pro Se Petitions NonPrisoner Pro Se Petitions n/a n/a 52 568 86 65 170 230 63 245 No. Cases Reviewed No. Cases Referred 86 (4 declined) Cir 9 Dist AK CD CA ED CA ND CA Description of Program or Procedures for Appointment of Counsel in Civil Cases Annual Cost Program it given for representation. Also associated with nonprofit organ. which pairs law students w/ volunteer attys. After pro se matter is filed, Project Coordinator sends litigants a letter arranging consult with atty. If no merit, atty discusses with pro se litigant. If pro se litigant proceeds, a volunteer mediator may assist the volunteer atty in reaching resolution. If merit, atty enters NOA. Pro Se Project Coordinator stays involved at each step. Project recently implemented an Early Settlement Conf. Project. Contact: Tiffany Sanders, Esq., Pro Se Project Coordinator, 612965-3711, proseproject@q.com (TAB 9) No written plan or program, just referrals to Yellow Pages, Bar Assn. or, if income eligible, to legal services (LSC funded programs are prohibited by law from representing prisoners) Pro Bono Civil Rights Panel; panel of private law firms to represent only prisoners in civil rights cases; only referred if case has survived a dispositive motion or judge determined apptmt is appropriate; if atty accepts apptmt, atty can move to reopen discovery, but generally appmt is for settlement conf and trial. 40 law firms participate and members expected to take one case per year; reimbursement of up to $10,000 in costs; atty can keep fees if litigant prevails (TAB 10) Pro Bono Panel; panel had 131 members in 6/2009; each is expected to take at least one case every 3 years; panel was mainly set up to handle prisoner pro se cases; cases had survived MSJ or where legal importance or difficulty merited appmt of atty; discovery closed but re-open for good cause; cases involved limited cost and time committment; there are also limited purpose appmts for mediation or settlement confs; attys are reimbursed for costs, and if prevail, can keep fees; panel is administered by the Ct.; Contact: Sujean Park, ADR and Pro Bono Program Director; 916-930-4278, spark@caed.uscourts.gov (TAB 11) Federal Pro Bono Project; Project arranges atty for litigants who are referred by ct. Cases include full representa- {07085630;1}5 Litigation Exp Prisoner Pro Se Petitions NonPrisoner Pro Se Petitions 20 75 595 2,550 1,180 684 864 1,009 No. Cases Reviewed No. Cases Referred Cir Dist SD CA ID WD WA Description of Program or Procedures for Appointment of Counsel in Civil Cases Annual Cost Program tion and for settlement conf. w/ Mag. Ct. will reimburse up to $15,000 in costs; atty may recover statutory fees as part of prevailing or settlement; new atty are provided mentors; Two Federal Assistance Self Help Center Supervising Attorneys: (S.F. & Oak) Manjari Chawls, Esq., 415-6266917; (San Jose) Steve Salomon, 408-297-1480 (TAB 12) Plan for Representation of Pro Se Litigants in Civil Cases; the ct. and the FBA-San Diego reviews applications of attys and firms which volunteer to be on pro bono panel if certain factors are met; if selected, must remain on panel for at least 2 yrs.; judge will decide whether a panel atty is assigned; judge forwards request to court’s pro bono administrator to select an atty on the random ordered list; absent a conflict, atty is expected to take the case within 3 weeks; once atty accepts, the ct. enters order of appmt.; atty is reimbursed for expenses; LRule 83.8(a)(2); reimbursement of exp. <$1,000: Contact: (TAB 13) Pro Se Pro Bono Program; the court’s pro se staff attorneys and bankruptcy law clerks (“Pro Se Unit”) screen the cases and determine whether referral to pro bono panel is appropriate based on potentially meritorious claims; volunteer program; atty may seek reimbursement up to $1,500 without prior approval; ct. must authorize >$1,500; assistance provided by Univ. Idaho Law School’s pro se referral panel, faculty, attys and law students, pursuant to LRule 83.4(g) (TAB 14) Plan for WD Washington for Representation of Pro Se Litigants in Civil Rights Actions; volunteer panel for apt. in civil rights matters and to do early ADR; Clerk is designated Pro Bono Coordinator to administer the plan; attys and law firms may apply to be on the Plan using criteria similar to PR; designate no. of cases willing to take per year; Non-Prisoner Screening Committee no less than 6 members; Clerk makes non-prisoner, pro se litigant aware of and provides an application for apt. of counsel or early ADR; if judge makes decision case not frivolous based on complaint and record, judge directs the Clerk to forward {07085630;1}6 Litigation Exp Prisoner Pro Se Petitions NonPrisoner Pro Se Petitions 337 439 121 88 227 440 No. Cases Reviewed No. Cases Referred Cir Dist OR 10 CO Description of Program or Procedures for Appointment of Counsel in Civil Cases Annual Cost Program application and all documents to the Screening Committee; Screening Committee may interview the party and after reviewing pleadings determine whether counsel should be apptd.; factors are listed as to whether to apt. counsel; Screening Committee reports to ct. whether counsel should be apptd.; if the Judges accepts recommendation of apt., judge notifies Clerk to apt. atty or law firm to case or to conduct ADR; also procedures for early ADR; Separate apt. procedures for prisoner civil rights cases; whenever the judge assigned the case believes counsel is merited, he sends the case to the Clerk to apt. atty or firm from the panel; expenses are reimbursed from civil rights litigation fund up to $2,500 pre-trial, and additional $2,500 for trial, and more on motion and ct. approval; sliding scale for reimbursement of lit. expense money if case settles; detail on costs covered; educational and pilot project projects are allowed; (TAB 15) Pro Bono Program; voluntary program is operated by the Clerk’s Office; no written plan, but considerable documents on line; appts. made on motion for apt. of counsel or sua sponte; once judge decides counsel should be appted, on line “Pro Bono Apt. Request” sent to pro bono coordinator and Operations Dept.; 16 firms and 56 attys district wide have volunteered to serve on panel; attys have free liability insurance from Program; also has mentor attys; average cases per year, 38; Guide for representing prisoners; Contact: Nicole Munoz, Pro Bono Coordinator, Clerk’s Office, 503-326-8014. (TAB 16) Pilot Program to Implement a Civil Pro Bono Panel; just started in July, 2013, a volunteer atty program, led by a Standing Committee of judges, attys, reps from CO Bar Assn, and local law school clinic programs; judge directs the Clerk to apt. an atty; private, non-profit entity exists to cover lit. expenses which is funded by the ct. from bar dues; ct. increased bar dues to fund project; $3,000 cap on lit. exp. (TAB 17) {07085630;1}7 Litigation Exp Prisoner Pro Se Petitions NonPrisoner Pro Se Petitions 0 219 353 370 No. Cases Reviewed No. Cases Referred Cir Dist KS WD OK NM 11 ND FL MD FL SD FL Description of Program or Procedures for Appointment of Counsel in Civil Cases Annual Cost Program No written plan or program, just referrals to Yellow Pages, Bar Assn. or, if income eligible, to legal services (LSC funded programs are prohibited by law from representing prisoners) Pro Bono/Civil Rights Representation; voluntary program for pro se prisoners whose civil rights cases survive dispositive motions and likely to go to trial; ct. provides limited expenses; atty apply on-line, and return to FBA (TAB 18) Civil Pro Bono Plan, Misc. No. 95-189; Civil Pro Bono Panel Selection Committee appt’d by Chief Judge; Pro Se Law Clerk standing member; meets at least once a year to select atty to serve on panel; meets quarterly to review cases which would benefit from atty; voluntary program; whenever a judge determines counsel necessary, atty is selected by Clerk; Clerk sends notice to panel atty; lit. exp. up to $2,500 unless ct. approves more; Clerk provides an annual assessment of the no. and type of cases handled annually to members of the Pro Bono Panel and the court.; training is to be provided to panel members; panel members receive CLE at no cost; funded out of Bench and Bar Funds; Contact: Andy Thomas, Clerk’s Office, 505-3482213 (TAB 19) No plan. Court either sends letter or calls an atty and requests representation, or enters an order soliciting an atty to volunteer, and sends out using CM/ECF No plan; judge sometimes will call an atty to represent the pro se litigant. Administrative Order 93-106, In the Matter of The Volunteer Lawyers’ Project and Attorney Dues for the S.D. Fla. (as amended) and VLP “working paper”; voluntary program for all members of the S.D. for civil cases deemed to warrant representation; administered by the Florida Justice Institute; screens cases sent over by the Magistrate Judge handling prisoner cases and those sent by other Judges which have been filed and served; post-filing discovery done to determine merit; meritorious cases sent {07085630;1}8 Litigation Exp Prisoner Pro Se Petitions NonPrisoner Pro Se Petitions 132 160 146 92 74 150 302 185 776 666 307-346 658 No. Cases Reviewed No. Cases Referred Cir DC Dist Description of Program or Procedures for Appointment of Counsel in Civil Cases MD GA out using CM/ECF and posted on court’s web site and program web site; programs recruits attorneys, provides pleadings and technical support; matches attys with clients; mentors for inexperienced atty; law student research available; free malpractice coverage; provides training and CLE; staff atty consulting; operates a Revolving Litigation Loan Fund for expense reimbursement; Contact Bethell Forbes, 305358-2081, Ext. 226, BForbes@VolunteerLawyersProject.org (TAB 20) No plan. Judge appoints if merited. Use to pay atty fees and expenses, now just expenses. Contact: DC Pro Bono Program and Panel List Annual Cost Program {07085630;1}9 Litigation Exp Prisoner Pro Se Petitions NonPrisoner Pro Se Petitions 301 130 159 483 No. Cases Reviewed No. Cases Referred