(a) Grounds and Application
After assignment, counsel may apply to be relieved of 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) A conflict of interest precludes counsel from accepting the
responsibilities of representing the party in the action.
(2) Due to another extraordinary professional commitment, counsel
lacks the time necessary to represent the party.
(3) Irreconcilable differences have arisen between counsel and the party
they were appointed to represent that make it impossible for the
attorney/client relationship to continue.
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Any application by 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. The Court will decide whether relief from assignment is warranted,
whether another attorney should be assigned, and whether any further
action is required before any merits-based decision is rendered.
(b) Order Granting Relief
(1) If an application for relief from an order of assignment is granted,
the judge may issue an order directing the assignment of another
attorney to represent the party. Such assignment shall be made in
accordance with the procedures set forth in SDIL-LR 83.9(b).
Alternatively, the judge shall have the discretion not to issue a
further order of assignment, in which case the party shall be
permitted to prosecute or defend the action pro se.
(2) Where the judge enters an order granting relief from an order of
assignment on the grounds that counsel lacks the time to represent
the party due to the extraordinary burden of other professional
commitments, the name of counsel so relieved shall, except as
otherwise provided in the order, automatically be included among
the names selected for the next panel.
(c) Refusal of Assignment
An attorney who is not relieved of an assignment but still refuses to
represent the party shall, on Order of the Court, be stricken from the roll of
the bar of this Court for two years, during which time the attorney will not
be permitted to appear pro hac vice. An attorney so removed from the roll
must reapply for admission to the bar of the Court, pay the general
admission fee, and will only be admitted upon the approval of all district
judges. An attorney securing readmission will be added to the current pro
bono panel and assigned to a case at the earliest opportunity.
