(a) Definitions
The following definitions shall apply to the pro bono rules:
(1) The term “assignment of counsel” shall mean the assignment of a
member of the bar of this Court to represent a party who lacks the
resources to retain counsel by any other means. Such assignment
shall only be in a civil action or appeal to the district court from an
administrative decision and shall not include any assignment made
pursuant to the Criminal Justice Act of 1964, 18 U.S.C. § 3006A.
(2) The term “judge” shall mean the judge to whom the action is
assigned, including a Magistrate Judge acting in a civil case pursuant
to 28 U.S.C. §§ 636(b) or (c).
(3) The term “panel” shall mean those members of the bar of this Court
who have volunteered for assignment and those whose names were
selected pursuant to section (c).
(4) The terms “pro bono rules” and “pro bono program” shall refer to
Local Rules 83.8-83.14.
(b) Duty of Attorneys to Accept Pro Bono Assignments.
Unless expressly exempted, every member of the bar of this Court, as
defined in SDIL-LR 83.1(a), shall be available for assignment by the Court
to represent or assist in the representation of those who cannot afford to
hire an attorney.
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(c) Creating the Panel
(1) Annually, the Clerk of Court shall select names at random from the
bar of this Court to create a panel.
(2) Following the selection of a panel, the Clerk of Court shall notify
each member. Upon receiving notice of their selection, an attorney
who feels they should be exempt from the panel pursuant to the pro
bono rules should promptly contact the Clerk of Court.
(3) Any member of the bar of this Court may volunteer to be included
in a panel or waive an exemption by contacting the Clerk of Court at
any time.
(d) Exemptions
The following attorneys shall be exempt from panel inclusion:
(1) Attorneys employed full-time by an agency of the United States, a
state, a county, or any sub-division thereof,
(2) Attorneys employed full-time by a not-for-profit legal aid
organization,
(3) Attorneys included on the current Criminal Justice Act panel, and
(4) The Clerk of Court may exempt in his/her/their discretion any
attorney who served a pro bono appointment as a mediator or
special mediation counsel consistent with the Mediation Plan set
forth in Appendix C in the year prior to appointment to the Pro Bono
Panel.
Every effort will be made to not include an exempt attorney on a panel, but
if an exempt attorney receives notice of panel inclusion, the attorney should
contact the Clerk of Court promptly.
(e) Fulfillment of Panel Duty
(1) At the conclusion of each panel’s term, members will be notified. If
assigned to a case during a panel term, an attorney must continue
with the representation until relieved from assignment, final
judgment is entered, or the case is otherwise concluded in the district
court. See SDIL-LR 83.10.
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(2) If assigned to represent a pro se litigant, an attorney is exempt from
placement on the next two panels (unless the Court has directed
otherwise).
(3) If an attorney does not receive an assignment while serving on a
panel, that attorney will be exempt from the pool of attorneys
eligible for the next year’s panel (unless the Court has directed
otherwise).
