FILED IN THE
UNITED STATES DISTRICT COURT
DISTRICT OF HAWAII
May 3, 2021
Michelle Rynne, Clerk of Court
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAI`I
IN THE MATTER OF THE ) ORDER AMENDING THE RULES
AMENDMENT OF THE RULES ) FOR CIVIL PRO BONO PANEL
FOR CIVIL PRO BONO PANEL ) FOR THE UNITED STATES
FOR THE UNITED STATES ) DISTRICT COURT OF THE
DISTRICT COURT OF THE ) DISTRICT OF HAWAI`I
DISTRICT OF HAWAI`I )
__________________________)
ORDER AMENDING THE RULES FOR CIVIL PRO BONO
PANEL FOR THE UNITED STATES DISTRICT
COURT OF THE DISTRICT OF HAWAI`I
IT IS HEREBY ORDERED that the attached “Rules For
Civil Pro Bono Panel For The United States District
Court of the District of Hawai`i” (Exhibit A) is
adopted by the United States District Court, District
of Hawai`i and is effective immediately.
IT IS SO ORDERED.
Dated: Honolulu, Hawaii, May 3, 2021.
/s/ J. Michael Seabright
Chief United States District Judge
/s/ Leslie E. Kobayashi
United States District Judge
/s/ Derrick K. Watson
United States District Judge
/s/ Jill A. Otake
United States District Judge
RULES FOR CIVIL PRO BONO PANEL
FOR THE UNITED STATES DISTRICT COURT
OF THE DISTRICT OF HAWAI`I
Rule 1. Establishment of the Civil Pro Bono Panel.
(A) The Civil Pro Bono Panel ("Panel") shall
consist of attorneys who are members in good standing
to practice in the District Court for the District of
Hawai`i and who have agreed to accept pro bono
appointments to represent indigent pro se litigants in
civil cases in the District Court for the District of
Hawai`i.
(B) The Chief Judge shall appoint a Standing
Committee ("Committee") for the Panel to implement and
oversee the Panel. The Committee shall include at
least one District Judge, one Magistrate Judge, one
representative from the Federal Bar Association
(Hawai`i Chapter) ("FBA Pro Bono Liaison"), and up to
two attorneys who are members in good standing to
practice in the District Court for the District of
Hawai`i. The Committee's responsibilities shall
include designating one of its non-judicial members to
serve as the "Pro Bono Coordinator" and preparing an
EXHIBIT A
annual report to the Chief Judge regarding the operation
of the Panel. The annual report should include
information such as the number of cases handled and
identify the attorneys who accepted appointment.
(C) The Committee is empowered to recommend
modifications to these Rules as needed. The court
retains the authority to approve or disapprove any
recommendations by the Committee and to modify the scope
of the Committee's authority at any time.
Rule 2. Qualifications For And Application To Pro Bono
Panel.
(A) Attorneys who are members in good standing and
admitted to practice in the District Court for the
District of Hawai`i may apply for appointment to the
Panel. Applicants for the Panel should be willing to
assist or represent indigent pro se litigants in civil
cases before this court at least one time per year as
requested by the court and without compensation.
Notwithstanding that attorneys appointed to the Panel
must be willing to serve without compensation, pro bono
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counsel may seek fees from an opposing party or parties
when authorized by law.
(B) Attorneys and law firms willing to accept
appointment to represent indigent pro se parties in
civil cases may apply to join the Panel by submitting
the letter application set forth in Form 1 to the Clerk
of Court (who shall collate and provide copies to the
Chief Judge and the Committee).
(C) Information on an application may be amended at
any time by letter to the Clerk of Court. Any
attorney, law firm, or Clinic may withdraw from the
Panel at any time by letter submitted to the Clerk of
Court; provided, however, that if said attorney, law
firm, or Clinic is then representing a client by
appointment from the Panel, said representation may
only end as authorized by these Rules and/or court
order.
(D) Applicants will be notified by letter from the
Committee whether the application is approved. A list
of approved applicants will be posted on the court's
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website.
Rule 3. Appointment of Counsel.
(A) The presiding judge to whom a civil case is
assigned may, on motion by the pro se litigant or sua
sponte, indicate his/her intention to appoint an
attorney from the Panel to represent a pro se litigant.
The presiding judge will enter an order referring the
case to the Panel, which order will be mailed to the pro
se litigant and docketed on the court's electronic case
filing system.
(B) Upon the filing of the Referral Order, the FBA
Pro Bono Liaison shall seek to secure an attorney from
the Panel to represent the pro se litigant, taking into
consideration the experience and preferences of these
attorneys regarding specific types of cases.
(C) Once an attorney has been secured by the FBA
Pro Bono Liaison, the attorney shall enter a Notice of
Appearance as set forth in Form 2 and provide a copy of
it to the FBA Pro Bono Liaison. To avoid ex parte
communication between court staff and prospective pro
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bono counsel, the FBA Pro Bono Liaison will serve as the
intermediary between the attorney and the Court in
arranging the attorney's appointment as pro bono counsel
for the pro se litigant. The FBA Pro Bono Liaison will
use reasonable efforts to complete appointment within
sixty (60) days of the Referral Order or as otherwise
ordered by the Court in the event pro bono assistance is
required for an event occurring in less than sixty (60)
days. The FBA Pro Bono Liaison may request additional
time from the Court to complete the appointment. If no
appointment can be made, the FBA Pro Bono Liaison shall
notify the Court so that the presiding judge may make an
appropriate docket entry.
(D) Upon filing the Notice of Appearance, the pro
bono counsel is counsel of record for the pro bono
litigant. Pro bono counsel may submit a motion for
waiver of PACER fees as set forth in Form 3. If
granted, the pro bono counsel may access the docket in
the case at no charge. Nothing herein limits the
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ability of pro bono to seek withdrawal pursuant to
LR83.5.
Rule 4. Limited Purpose Representation.
(A) Any appointment for representation shall be
limited solely to the identified litigation before the
court and may be limited to specific issue(s) or
specified tasks as designated by the presiding judge.
Pro bono counsel shall represent the pro bono litigant
in the action until the earlier of (1) final judgment is
entered in the action, (2) the issue(s) or specified
task(s) designated by the presiding judge have been
resolved at the trial court level, or (3) the presiding
judge grants a motion to withdraw as counsel.
(B) When pro bono counsel is appointed to provide
representation for a specific issue(s) or specified
task(s), the order of appointment shall include a
finding to the effect that, under the circumstances of
the case and in the judgment of the presiding judge,
limited purpose representation is reasonable and
appears reasonably calculated to serve the interests of
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the parties and to further the administration of
justice.
(C) When representation has concluded because the
issue(s) or specified task(s) designated by the
presiding judge have been resolved at the trial level,
the presiding judge shall enter an order terminating pro
bono representation as set forth in Form 4.
However, nothing in these rules shall prohibit pro
bono counsel from further representing the pro bono
litigant provided both agree in writing to the further
representation.
Rule 5. Expenses.
(A) In the interest of the administration of
justice, the court authorizes funding for allowable
litigation costs and expenses incurred by court-
appointed pro bono counsel on behalf of a pro bono
litigant. Funds for allowable litigation costs and
expenses shall be allocated from the District of
Hawaii's non-appropriated funds. Continued funding
each year is subject to annual court review and
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approval. Non-appropriated funds may also be used for
training of pro bono counsel or for other purposes that
the court may determine will advance the goal of access
to justice and support the continuation of the Panel
and Committee.
(B) Allowable litigation costs and expenses include
reasonable expenses incurred for travel, lodging,
process services, filing fees, expert fees, witness
fees, interpreter services, costs as set forth in
LR54.1(f)(1)-(6), and any other costs or expenses
permitted to be claimed in taxation of costs awarded to
a prevailing party as provided in Fed. R. Civ. P.
54(d)(1). Travel expenses include public
transportation as well as mileage for private vehicles
(at the rate of reimbursement for official government
travel in effect at the time the expense is incurred),
parking fees and other similar costs.
(C) In the event that costs or expenses paid from
the District of Hawai`i non-appropriated funds are
subsequently recovered as a cost or expense from an
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opposing party, the pro bono counsel will reimburse
the court as directed by the presiding judge.
Rule 6. Reimbursement of Allowable Costs and Expenses.
(A) For allowable litigation costs and expenses,
pro bono counsel may request reimbursement at the
conclusion of the appointment or during the appointment
if circumstances warrant. Copies of receipts, bills
and invoices must be attached to the request as set
forth in Form 5 and filed in the case under seal. The
presiding judge shall review the request for
reimbursement and issue an order of approval or
disapproval. If approved, a copy of the order will be
transmitted by the Clerk of the Court to the Court's
Finance Department for issuance of payment to pro bono
counsel. An approval of payment of costs to the pro
bono counsel shall have no bearing on a request for
taxation of costs to an opposing party or opposing
counsel.
(B) Reimbursement of allowable litigation costs and
expenses is limited in each appointment to $1,500,
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unless approved in advance by the presiding judge. Upon
appointment, pro bono counsel should review the matter
as soon as possible to determine a budget for
anticipated allowable litigation costs and expenses. If
pro bono counsel determines at any time that more than
$1,500 in allowable litigation costs and expenses will
be necessary, then additional funds may be requested by
filing a motion under seal with the proposed budget and
justification as set forth in Form 6, after which the
presiding judge will decide whether or not to approve
the proposed budget, in whole or in part. Pro bono
counsel who does not submit a budget and obtain court
approval but incurs more than $1,500 in allowable
litigation costs and expenses and subsequently requests
reimbursement runs the risk of having reimbursement
denied.
(C) Reimbursement will not be permitted for costs
personally taxed against pro bono counsel or pro bono
litigant, or for costs paid by an adverse party. In
matters where the pro bono litigant obtains a judgment
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or settlement in excess of $6,000, reimbursement of and
allowable litigation costs and expenses incurred by pro
bono counsel is at the discretion of the presiding
judge.
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FORM 1 - LETTER APPLICATION
RE: Letter Application Seeking Appointment to Civil
Pro Bono Panel for the District of Hawai`i
Dear
I am interested in being appointed to the Civil Pro
Bono Panel for the District of Hawai`i. I am willing to
assist or represent indigent pro se litigants in civil
cases at least one time per year as requested by the
federal court and without compensation.
My legal experience is [indicate information]
____ I have practiced law for years, and
am a member in good standing and admitted to practice
in the District Court for the District of Hawai`i.
____ I am a recent law school graduate of [name
of law school] and am a member in good standing and
admitted to practice in the District Court for the
District of Hawai`i.
____ [Law Firms] The firm has __ attorneys
who are members of good standing and admitted to
practice in the District Court for the District of
Hawai`i . The firm's attorneys have - years of law
practice.
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My preferences for appointment are in the following
areas [for instance, employment, religious or racial
discrimination, civil rights, habeas corpus, Federal
Tort Claims Act, social security appeals]:
1.
2.
3.
Other languages spoken:
Very truly yours,
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FORM 2 - NOTICE OF APPEARANCE
Pursuant to the court's order appointing pro bono
representation in the above-referenced action, the
undersigned hereby respectfully gives notice of his/her
appearance on behalf of _________________ and requests
to receive electronic service filings via CM/ECF. By
filing this notice of appearance, the undersigned
confirms (i) based on the current facts and
circumstances available, that no conflict of interest
or other rule of professional conduct would preclude
the undersigned's representation of the pro se litigant;
and (ii) that the undersigned has obtained a letter of
consent from _________________ to this representation.
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FORM 3 - Plaintiff's/Defendant's Motion for Waiver
of Pacer Fees
MOTION FOR WAIVER OF PACER FEES
Comes now PLAINTIFF/DEFENDANT and hereby files
his/her motion for an order granting waiver of PACER
fees. Counsel has been appointed as pro bono counsel in
the above-referenced action pursuant to the Rules for
Civil Pro Bono Panel for the United States District
Court for the District of Hawai`i and waiver of PACER
fees will assist in representing PLAINTIFF/DEFENDANT.
This motion is made pursuant to Rule 3(D) of the
Rules for Civil Pro Bono Panel for the United States
District Court for the District of Hawai`i.
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FORM 4 - Court Order Terminating Pro Bono
Representation
ORDER TERMINATING PRO BONO REPRESENTATION
The Court, having determined that representation
has concluded pursuant Rule 4(C), Rules for Civil Pro
Bono Panel for the District Court for the District of
Hawai`i, hereby terminates [attorney’s name] as pro
bono counsel for [party’s name] in the instant action.
IT IS SO ORDERED.
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FORM 5 - Request for Reimbursement of Allowable Costs
and Expenses [Filed Under Seal]
REQUEST FOR REIMBURSEMENT OF ALLOWABLE COSTS
AND EXPENSES
Comes now PLAINTIFF/DEFENDANT and hereby files
his/her request for reimbursement of allowable costs
and expenses as provided by Rule 6(A) of the Rules for
Civil Pro Bono Panel for the United States District
Court of the District of Hawai`i. By signing this
request, counsel represents under penalty of perjury
that the costs and expenses being sought for
reimbursement were reasonable and necessary for the
representation of PLAINTIFF/DEFENDANT and were actually
incurred in the prosecution/defense of his/her case,
and that the copies of receipts, bills and/or invoices
attached hereto as "Exhibit A" are true and correct
copies.
Good cause exists for the filing of the request
under seal as this procedure is specifically mandated
by Rule 6(A) of the Rules for Civil Pro Bono Panel for
the United States District Court of the District of
Hawai`i, and public filing would likely result in the
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disclosure of attorney-client communications
and/or attorney work product.
This request is made pursuant to Rule 6(A) of
the Rules for Civil Pro Bono Panel for the United
States District Court of the District of Hawai`i, the
representations of Counsel, and Exhibit A.
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FORM 6 - Budget Request
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAI`I
Budget for Pre-Approval of Out-
of-Pocket Funds pursuant to the Case Name:
Civil Pro Bono Program,
Case Number:
Attorney, Law School, or Student Intern Information:
Name: Phone:
Address: Email:
Person Represented:
Complete and submit budget section for pre-approval when
estimated expenses exceeds $1,500. An estimate of the total
additional amount needed to complete the case should be provided,
so the Court can set a specific dollar amount in excess of the
limit. If you find it essential to exceed the approved amount, a
further application should be made, with a proposed case budget.
BUDGET:
Original Budget: $
Increase Requested:
Deposition or Transcript Witness Fees: $
Costs: $ Expert Witness
Travel Expenses1:..$ Fees: $
Telephone/Postal Interpreter Fees:..$
Charges: ........ $ Other: $
Court Fees: ...... $
Copies: .......... $
Total Increase
25
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in Budget: .$
Detailed Justification (Include enough information for the
Court to understand the need to exceed the prior limit):
APPROVED FOR $
JUDGE OF THE ABOVE ENTITLED COURT
0
To be limited to actual lodging and meal expenses for the pro bono attorney in an amount not to
exceed the government per diem allowance provided for court personnel.
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