RULES FOR CIVIL PRO BONO PANEL
FOR THE UNITED STATES DISTRICT COURT
OF THE DISTRICT OF HAWAII
FOR THE DISTRICT COURT FOR 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
EXHIBIT A
include designating one of its non-judicial members to
serve as the "Pro Bono Coordinator" and preparing an
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.
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(B) Notwithstanding that attorneys appointed to the
Panel must be willing to serve without compensation,
pro bono counsel may seek fees from an opposing party
or parties when authorized by law.
(C) 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).
(D) 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.
(E) Applicants will be notified by letter from the
Committee whether the application is approved. A list
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of approved applicants will be posted on the court's
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 Pro
Bono Coordinator shall select an attorney from the
Panel, taking into consideration the experience and
preferences of these attorneys regarding specific types
of cases.
(C) Once an attorney is selected, the Pro Bono
Coordinator will notify the Clerk of the Court, and the
Clerk shall enter a Notice of Appointment as set forth
in Form 2 and provide a copy of it to the FBA Pro Bono
Liaison. In order to avoid ex parte communication
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between court staff and prospective pro bono counsel,
the FBA Pro Bono Liaison will contact the attorney to
discuss the case and appointment as pro bono counsel.
(D) Within ten (10) days after entry of the Notice
of Appointment, the attorney must submit a letter to
the presiding judge accepting or declining the
appointment, using Form 3A or Form 3B as appropriate.
If accepting the appointment, the attorney must confirm
having conducted a conflict of interest inquiry and
determined that no conflict of interest would preclude
the attorney's representation of the pro se litigant.
(E) Once the attorney accepts appointment, the
presiding judge shall file an order appointing pro bono
counsel as set forth in Form 4. Once the order
appointing pro bono counsel is filed, 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 5. If granted, the pro
bono counsel may access the docket in the case at no
charge. The pro bono counsel, after accepting
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appointment, must obtain and file notice of a letter of
consent from the pro bono litigant as set forth in Form
6. If a letter of consent from the pro bono litigant
cannot be obtained, then pro bono counsel shall file a
notice of his/her efforts and inability to obtain the
letter of consent with the presiding judge, who will
determine what further action is appropriate.
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
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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
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 7.
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
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and expenses shall be allocated from the District of
Hawai`i's non-appropriated funds. Continued funding
each year is subject to annual court review and
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
LR54.2(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
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the District of Hawai`i non-appropriated funds are
subsequently recovered as a cost or expense from an
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 8 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
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expenses is limited in each appointment to $1,500,
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
9, 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
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practice.
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 APPOINTMENT
Pursuant to the court's order appointing pro
bono representation in the above-referenced action, the
Pro Bono Coordinator for the District of Hawai`i's
Civil Litigation Pro Bono Panel ("Pro Bono Panel"),
after having taken into consideration the experience
and preferences of these attorneys regarding specific
types of cases, selects the following attorney from the
Pro Bono Panel and notifies the Clerk of the Court of
this selection: {Name, address, telephone number and
e-mail address}
The Federal Bar Association, Hawai`i Chapter
Pro Bono Liaison for the Pro Bono Panel is hereby
notified of the selection and is directed to contact
the attorney to discuss the case and appointment as pro
bono counsel. The attorney must, within ten (10) days
of this notice, submit a letter to the presiding judge
accepting or declining the appointment. If accepting
the appointment, the attorney must confirm that no
conflict of interest exists.
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A copy of the Notice of Appointment shall be
mailed by the Clerk's Office to the pro se litigant at
his or her last known address.
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FORM - 3A Letter Declining Appointment as Pro Bono
Counsel
Pursuant to Rule 3(D) of the Rules for Civil Pro
Bono Panel for the District Court for the District of
Hawai'i ("Rules"), the undersigned respectfully
declines appointment as Pro Bono Counsel in this matter
on the grounds below:
____ Conflict of interest
____ Other grounds consistent with the applicable
Rules of Professional Conduct:
_______________________________________________________
_______________________________________________________
_________.
Respectfully submitted,
_______________________
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FORM 3B Letter of Acceptance of Appointment of Pro Bono
Counsel
The undersigned has conducted a conflict of
interest review pursuant to Rule 3(D) of the Rules for
Civil Pro Bono Panel for the District Court for the
District of Hawai'i ("Rules"), has determined that no
conflict of interest exists that would preclude the
undersigned's representation of [Name of pro bono
litigant] in this action, and hereby accepts
appointment as pro bono counsel of record for [Name of
pro bono litigant] in this action for the scope and
purposes of representation specified in the letter and
the order of appointment, and pursuant to the Rules for
Civil Pro Bono Panel for the District Court for the
District of Hawai'i. The undersigned will undertake to
obtain the letter of consent executed by the pro bono
litigant, and if unable to do so, will provide a
statement of the efforts made to obtain that letter of
consent, and will comply with the Rules and other
applicable law, rules and professional conduct rules.
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Respectfully submitted,
________________________
[Pro bono counsel]
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FORM 4-Court Order Appointing Pro Bono Representation
ORDER APPOINTING PRO BONO REPRESENTATION
The Court, having been advised of and having
considering the Notice of Appointment of Pro Bono
Counsel and the letter accepting appointment, and
pursuant to Rule 3(e), Rules for Civil Pro Bono Panel
for the District Court for the District of Hawai`i,
hereby appoints [attorney’s name] as pro bono counsel
for [party’s name] in the instant action for the
specific purpose of pro bono representation for: [list
specific issue(s) or task(s) being designated].
Counsel shall serve as pro bono counsel until released
from representation by court order.
IT IS SO ORDERED.
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FORM 5-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 Hawaii and waiver of PACER
fees will assist in representing PLAINTIFF/DEFENDANT.
This motion is made pursuant to Rule 1(E) of the
Rules for Civil Pro Bono Panel for the United States
District Court for the District of Hawaii.
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FORM 6 - Notice Regarding Letter of Consent to
Appointment of Pro Bono Counsel
On [Date of Appointment Order], the Court entered
an order appointing [Name of pro bono counsel] as pro
bono counsel of record for [Name of pro bono litigant]
in this action. Pursuant to Rule 3(E) of the Rules for
Civil Pro Bono Panel for the District Court for the
District of Hawai'i, please take notice:
___ Attached is the letter of consent executed by
the pro bono litigant
___ Counsel could not obtain a letter of consent from
the pro bono litigant, despite the following diligent
efforts.
[Describe efforts to obtain letter of consent]
Respectfully submitted,
_______________________
[Pro bono counsel]
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FORM 7-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 8 - 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 Hawaii. 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
Hawaii, 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 Hawaii, the
representations of Counsel, and Exhibit A.
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FORM 9 - Budget Request
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
Budget for Pre-Approval of Out- Case Name:
of-Pocket Funds pursuant to the
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
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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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