(a) Grounds; Application. After assignment, counsel may move for relief from an order of
assignment only on the following grounds or on such other grounds as the assigning judge
finds adequate for good cause shown:
(1) Counsel is 70 years of age or older, has no active appearance on file in any
case in this District and requests relief from the assignment. Relief under this
provision does not require withdrawal from the trial bar or alternate pro bono
assignment.
(2) Some conflict of interest precludes counsel from accepting the responsibilities
of representing the party in the action.
(3) In counsel’s opinion, counsel is not competent to represent the party in the
particular type of action assigned.
(4) Some personal incompatibility or a substantial disagreement on litigation
strategy exists between counsel and the party.
(5) Because of the temporary burden of other professional commitments involved in
the practice of law, counsel lacks the time necessary to represent the party.
(6) In counsel’s opinion, the party is proceeding for purpose of harassment or
malicious injury, or the party’s claims or defenses are not warranted under existing law
and cannot be supported by good faith argument for extension, modification, or
reversal of existing law.
Any application by assigned counsel for relief from an order of assignment on any of the
grounds set forth in this section shall be made to the judge promptly after the attorney becomes
aware of the existence of such grounds, or within such additional period as may be permitted by
the judge for good cause shown.
Where the attorney requesting withdrawal from a pro bono assignment has previously
withdrawn from another assignment, the application shall disclose the case name and number,
the nature of the assignment and the reason for withdrawal.
(b) Order Granting Relief. If an application for relief from an order of assignment is
granted, the judge may in the judge’s discretion either enter or not enter a further order
directing the assignment of another counsel to represent the party. Such assignment shall be
made in accordance with the procedures set forth in LR 83.36. In any action where the judge
discharges assigned counsel but does not issue a further order of assignment, the party shall
be permitted to proceed pro se.
(c) Consequences of Relief from Assignment.
Where the judge enters an order granting relief from an order of assignment on the basis of
LR 83.38(a)(4) (substantial disagreement with the client) or LR 83.38(a)(5) (determination
that the case is frivolous or filed for improper purpose), or LR 83.39 (discharged by the
client), or for some other reason the attorney has performed substantial work on the
assignment, the judge shall determine whether the attorney has satisfied the case
representation obligation or should be eligible for a new assignment.
Where the judge enters an order granting relief from an order of assignment because the
assignment would create a conflict with a current representation, the attorney will be eligible
for another assignment.
Where the judge enters an order granting relief from an order of assignment on the grounds that
counsel lacks relevant substantive expertise or lacks the time to represent the party due to a
temporary burden of other professional commitments, counsel so relieved shall, except as
otherwise provided in the order, automatically be eligible for a new assignment in 12 months
time. An attorney relieved of assignment on such grounds will, within one year
(1) obtain any necessary substantive expertise, if that is the reason for relief from
assignment, and
(2) certify that the attorney has engaged in one of the following alternatives to case
representation in the 12 months prior to certification:
(i) at least 50 hours of substantial alternative pro bono effort in a trial or settlement
context (for example, service to the indigent or service to a governmental or civic
organization);
(ii) volunteering at either the District Court’s William J. Hibbler Memorial Pro Se Help Desk
or the Bankruptcy Assistance Desk for at least one shift per month for six months or six total
shifts over the course of the year. An attorney electing this alternative must complete or have
completed a Pro Se Help Desk or Bankruptcy Assistance Desk training session before beginning
service;
(iii) service as counsel for one assignment with the court’s Settlement Assistance
Program. An attorney electing this alternative must complete or have completed a
Settlement Assistance Program training session before the assignment.
An attorney who fails to satisfy one of these alternatives will, absent good cause, be deemed
to have withdrawn from the trial bar.
Amended December 23, 2016, March 29, 2018;
April 22, 2018; February 24, 2023; and June 27, 2024
