(a) Duty. Every bar member should be available to represent, or assist in representing,
indigent parties whenever reasonably possible.
(b) Procedure. If the judge assigned to a case involving a party proceeding in forma
pauperis determines that representation of the party by an attorney is warranted under
28 U.S.C. § 1915 (e)(1) or 42 U.S.C. § 2000e-5(f), the judge may direct the clerk to
request that a bar member represent the indigent party.
(c) Entry of Appearance. An attorney who accepts a request to represent an indigent
party must enter an appearance for the party within 14 days after accepting the
request.
(d) Representation, Relief, and Discharge. The following are subject to the judge’s
discretion:
(1) whether the attorney should continue representing the party;
(2) whether to relieve the attorney from the appointment; and
(3) whether to discharge the attorney.
(e) Expense Reimbursement.
(1) Petition. Attorneys may seek reimbursement of reasonable expenses incurred
representing an indigent party by filing a petition with the court either before
the expenses are incurred, or within 90 days after they were incurred. The
petition:
(A) may be made ex parte; and
(B) must be accompanied by documentation sufficient to permit the court to
determine the request’s appropriateness and reasonableness.
(2) Type of Expenses. The court may approve reimbursement of expenses
necessary to prepare and present a civil action in this district. The court will not
approve payment for appeal-related expenses or for costs or fees taxed as part
of a judgment against the indigent party.
Local Rules |Northern District of Indiana Page | 73
Civil Rule 83-7
(3) Source. Approved reimbursements are paid from the Library and Court
Administration Fund.
(4) Repayment Upon Recovering Attorney’s Fees. An attorney who receives a fee
award must promptly repay all reimbursements.
Local Rules |Northern District of Indiana Page | 74
Civil Rule 83-8
