IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In Re Amendments to the )
Federal Civil Panel )
that Provides Legal )
Assistance to Indigent )
Parties in Certain Civil Litigation )
STANDING ORDER
The Court hereby amends the policies and procedures relating to the volunteer panel of
attorneys known as the "Federal Civil Panel" (hereinafter, "the Panel"). The attorneys on the
Panel, upon Court authorization, shall represent indigent parties in prisoners' rights, equal
employment, and other types of civil cases, consistent with the following policies and
procedures:
1. Upon the determination by the Court that representation of a pro se, indigent party
is warranted, the Court may enter an order approving the referral to an attorney pursuant to the
procedures set forth herein. Notwithstanding these procedures, however, the Court retains the
discretion to request the services of an attorney in any type of case under such circumstances as it
deems appropriate.
2. Upon the entry ofthe type of order referenced above, the Clerk's Office will seek
to refer the representation to a member of the Panel. The Clerk's Office shall maintain (1) a list
of Panel members; (2) a list of the law firms or legal organizations with which those members
are affiliated; and (3) for each such firm/organization, the name of a designated Panel
representative ("representative"). In making a referral, the Clerk's Office will select a
firm/organization to whom the matter should be referred. It will then contact the
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firm/organization's representative to begin the referral process. The acceptance or rejection of
such a referral shall occur subject to the following procedures:
a. A firm/organization to whom representation is referred shall exert every
reasonable effort to accept the case, to provide competent representation, and to continue such
representation until the case is concluded. It is recognized by the Bar that this commitment is
essential to the effective operation of the PaneL Representation shall be declined by the
firm/organization's representative only in cases where: (l) there is a conflict of interest; (2) the
firm/organization is currently representing a party in two or more Panel cases; or (3)
representation may otherwise cause an undue hardship for the firm/organization.) Within 14
days of the date of the referral, unless an extension is granted, the firm/organization's
representative shall respond to the Clerk's Office in writing and indicate whether or not the
referral is accepted. If the referral is not accepted, the firm/organization's representative shall
also communicate the reason for the rejection to the Clerk's Office in writing.
b. If representation is accepted, the firm/organization's representative will
advise the Clerk's Office as to the name(s) of the firm/organization's Panel members who will be
representing the indigent party. Additionally, the firm/organization will immediately inform the
indigent party of the referral and arrange an initial conference. Within 30 days after the initial
conference, either the indigent party or the Panel attorney(s) may decline, without explanation, to
proceed with the representation. 2 Upon the indigent party's request, a referral to another
Given that the Court has already characterized these cases as non-frivolous and these
plaintiffs as in need of representation, a declination based on a merits review is not appropriate.
This initial period -- in which either the indigent party or the attorney may decline the
representation -- may be extended by agreement for an additional 30 days. If the attorney finds it
necessary to ask for leave to withdraw after the representation has been accepted and an
appearance for the indigent party has been entered, the Court will give due consideration to the
public service nature of the representation when considering such a request.
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firm/organization may be made. 3 In cases in which a fund may be created or a fee may be
shifted as a result of the attorney's services, a written agreement covering fees and expenses will
be entered into by the indigent party and the attorney.
3. As an alternative to representation, and subject to Court approval, the indigent
party and the attorney(s) may agree to have the attorney(s) act on a consulting basis.
4. A referred attorney may represent the indigent party as such counsel would
represent any indigent client. As to discovery costs and trial expenses, the Court hereby
encourages court reporters and others, including medical experts, to charge reduced rates
reflecting the nature of the representation. Counsel may, but shall not be required to, advance
costs.
5. The Federal Bar Association's District of Delaware Chapter ("FBA") will from
time to time, and subject to this Court's approval, appoint attorneys from the FBA's Federal
Civil Panel section to serve as Coordinators for the Panel ("Coordinators"). These Coordinators
will assist the Court and the Clerk's Office with the organization of the Panel, and shall be
available to discuss specific Panel-related issues with Panel members and the Clerk's Office.
6. The Court recognizes that these are public interest representations and, to the
extent practicable, will consider this factor in case management and scheduling. For example,
when a referred attorney encounters problems with a correctional system in communicating with
a prisoner, the Court will consider entering an order requesting the facility's cooperation.
7. The Court, with the assistance of the Coordinators, will review the operation of
the Panel on an annual basis. The Court and the Bar will meet regularly to discuss Panel matters
of mutual concern. Educational and training sessions will be conducted from time to time, and
If an indigent party declines representation twice, the Court, in its discretion, may decide
not to refer the case for representation a third time.
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informative legal reference materials will be provided to Panel members. Any attorney or law
firm having an unresolved Panel matter may bring it before the Court. The Court and the Bar
will study and consider other alternative dispute resolution procedures that may be appropriate in
certain prisoner cases and will encourage the correctional system to handle prisoner claims
administratively whenever feasible.
8. The Court and the FBA will endeavor to conduct an intensive and ongoing
campaign to increase and maintain the number of attorneys and law firms involved in providing
legal services to indigent persons and shall include the Panel as part of that multi-faceted effort.
The Court values and strongly endorses this effort to provide counsel in appropriate cases for
persons unable to obtain counsel themselves. The Court and the Bar shall join together in
making this program successful.
Dated: June 27, 2016
FOR THE COURT:
(~rlb
Chief JUllge Leonard P. Stark
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