UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
IN RE: AMENDED PLAN FOR THE ADMINISTRATION GENERAL ORDER
OF THE BENCH AND BAR FUND NO. 25-01
***
Pursuant to LR 83.1 and LCrR 57.1, each applicant for admission to the Bar of the United
States District Court for the Western District of Kentucky shall pay the Clerk the admission fee
prescribed by the Judicial Conference of the United States (JCUS), plus an additional fee of $30.00.
Pursuant to LR 83.2 and LCrR 57.2, each applicant seeking permission to appear pro hac vice in a
particular case shall pay the Clerk a fee of $150.00 per case, in addition to a renewal fee of $150.00
each year until the case is concluded.
The attorney admission fee required by the JCUS is deposited in the United States Treasury as
required by 28 U.S.C. § 751(e). The additional attorney admission fees, pro hac vice fees, and pro hac
vice renewal fees are deposited in bank accounts denominated as the Bench and Bar Fund.
The Court hereby adopts the attached Amended Plan for the Administration of the Bench
and Bar Fund to govern expenditures of monies contained in the Fund. The monies contained
therein may be used only in accordance with said Plan and the provisions of the Guide to
Judiciary Policy, Volume 4, Chapter 6.
The Order supersedes General Order 23-01.
DATED: January 16, 2025
ENTERED
J J. JR., CLERK
1/16/2025
U.S. DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
PLAN FOR THE ADMINISTRATION
OF THE BENCH AND BAR FUND
Revised January 16, 2025
I. ESTABLISHMENT OF THE BENCH AND BAR FUND
A. Authority. The United States District Court for the Western District of
Kentucky ("Court") established the Bench and Bar Fund ("Fund") pursuant
to the policies of the Judicial Conference of the United States ("Judicial
Conference"), as set forth in the Guide to Judiciary Policy, Volume 4,
Chapter 6 ("Guide"), and other related provisions; 28 U.S.C. §§ 1913 and
1914; and the Court's inherent authority. Volume 4, Chapter 6 of the Guide
to Judiciary Policy is incorporated herein by reference. This General Order
serves to set forth the guidelines for the Fund's use and amends and
supersedes General Order 23-01.
B. Purpose. The Fund exists for the management and expenditure of attorney
admission funds maintained locally by this Court.
1. Attorney Admission Funds. Attorney admission funds are non-
appropriated funds segregated from all other monies in the Court's
custody.
2. Permissible Sources. Sources of monies placed in the Fund include
attorney admission fees that are in addition to the basic attorney
admission fee prescribed by the Judicial Conference under 28
U.S.C. §§ 1913 and 1914, and earnings from the investment of
monies in the Fund.
3. Excluded Sources. Monies from any other sources, including those
specified in the Guide § 670(d), will not be placed in the Fund.
II. POLICIES FOR FUND EXPENDITURES
A. Permissible Uses. The Fund may only be used for purposes that inure to
the benefit of the members of the bench and the bar in the administration of
justice. Proper uses of the Fund include those listed in the Guide, Volume 4
§ 670.20, to wit:
1. Attorney admission proceedings, including expenses of admission
committees and admission ceremonies.
2. Attorney discipline proceedings, including, but not limited to,
expenses of investigating counsel for disciplinary enforcement,
stenographers, meeting room rentals, postage, travel expenses and fees
of witnesses.
3. Furnishings, equipment, and amenities for lawyer lounges that may
not be purchased or funded from appropriations. Examples:
a. furniture;
b. photocopiers and fax machines;
c. beverage supplies or service;
d. microwave, refrigerator, and other appliances; and
e. television, telephone and internet service.
2. Surety bond for the custodian of the fund. (The bond may only cover
monies in the fund.)
3. Fees for services rendered by outside auditors or accountants in
auditing the fund.
4. Reimbursement of pro bono counsel for out-of-pocket expenses,
payment of compensation to pro bono counsel, and payment of witness
fees and other expenses for indigent pro se civil litigants.
5. Donations to organizations that provide legal representation, advice, or
assistance to unrepresented litigants in federal civil matters, including
representation for settlement conferences or other alternative dispute
resolution activities, provided that such organizations use the donation for
no other purpose.
6. Reimbursement by district courts to jurors for lost or damaged
personal property incident to their jury service when compensation is
not available under a statute such as the Federal Tort Claims Act.
7. Hospitality items (e.g., food, beverages, mementos) for which
appropriated funds may not be used, including meals and beverages for
judges and employees attending a bench/bar meeting or similar event
at their official duty station in a non-official capacity.
8. Cash donations to law-related educational or charitable organizations,
such as a historical society, law school, or bar association, for purposes
that advance the administration of justice in the courts. In considering
such donations, care should be exercised to avoid the appearance of
impropriety, undue favoritism, conflicts of interest and other concerns
under the Codes of Conduct for United States Judges and Judicial
Employees (Guide, Vol. 2A).
3
9. Expenses of a circuit judicial conferences, to the extent permitted
by the policy of the Judicial Conference. Expenditures may be
paid from any court's attorney admission fund. See: JCUS-MAR
05, p. 5.
10. Any other purpose for which appropriated funds may not legally
be used that will benefit the bench and the bar in the
administration of justice. For limitations, see Guide § 670.30.
11. For internal control requirements applicable to the attorney
admission fund, see: Guide, Vol. 11, Ch 2, § 270.
B. Uses Approved by General Counsel. The Court will maintain a
compilation of requests for Fund expenditures for which the Court has
sought advice from the Office of General Counsel of the United States
Courts, along with an explanation of whether General Counsel allowed
each expenditure.
C. Approval of Expenditure Requests. Expenses less than $500 in the
aggregate may approved by individual district court judges. Expenses in
excess of $500 must be approved by the Chief Judge, subject to the
provisions of subsection II(C)(3) below.
1. Disbursement Directives. Judges must direct the Clerk to make
disbursements from the Fund in writing with attached receipts,
specifying the amount to be disbursed.
2. Authority to Exceed Authorized Amount. The Clerk has
authority to exceed the authorized amount by no more than 10%.
3. Reoccurring Expenditures. The Clerk, as custodian of the Bench
and Bar Fund, is authorized to make the following recurring
expenditures without prior approval. The Clerk shall provide the
Chief Judge with a memo documenting each such expenditure.
a. Dinner Fees for the Law Club. The Clerk is authorized to
pay the cost for judicial officers’ dinners held at the Law Club.
b. Veterans Treatment Court Incentive Awards. The Court
has concluded that the provision of program incentive awards
to participants in the Veterans Treatment Court at various
stages of the program will benefit the bench and bar in the
5
administration of justice. These incentive awards may include
token gifts and snacks, vouchers and gift cards along with
ceremonies at which light refreshments may be provided.
The U.S. Probation Office will purchase the inventive awards
and seek reimbursement by submitting to the Clerk a memo
that explains the expenditure(s), attaching all associated
receipt(s). The Clerk is authorized to reimburse the relevant
U.S. Probation Officer up to $30.00 for each voucher or gift
card and up to $100.00 for each graduation or promotion
ceremony without additional approval from the Court.
c. Public WiFi Access for Attorneys and Court Participants.
The Court maintains public WiFi in each of its courthouses for
the benefit of attorneys and other court participants. The Clerk
is authorized to pay both the annual licensing fee associated
with this service as well as the monthly service fees.
III. LIMITATIONS ON USE OF THE FUND
Limitations on use of the Fund include those found in the Guide § 670.30:
A. Impermissible Augmentation of Appropriation. Attorney
admission funds must not be used to pay for goods or services for
which appropriations may legally be used, even if the appropriated
funds are exhausted or otherwise not available.
B. Personal Benefit or Salary. Attorney admission funds must not be
used to supplement the salary of any judge or court employee, or
provide a personal benefit to any judge or court employee, or his or
her family member. As a limited exception, a judge or court
employee, or his or her family member, may receive a de minimis
personal benefit incidental to a proper expenditure from the
attorney admission fund, e.g., meals, refreshments or hospitality
items provided under § 670.20(b)(9). See above, II(A)(9).
C. Travel. Attorney admission funds must not be used to pay for
official or personal travel by a judge or court employee or by his or
her family member. As a limited exception, attorney admission
funds may be used to pay for local transportation of a judge or court
employee to attend bench/bar events for which appropriated funds
are unavailable.
D. Printing of Local Rules. Attorney admission funds must not be used
to pay for the printing of local rules.
6
E. Unreasonable Accumulation of Funds. The Court must avoid
unreasonable accumulation of attorney admission funds.
F. Equipment Purchases. If the Fund is used to purchase equipment for
the bench, the equipment becomes the property of the United States
District Court for the Western District of Kentucky and will be
available for use by the members of the Court's bar subject to any
guidelines established by the district court judges. The Fund may not
be used to augment the purchase of computers and other information
technology equipment that is otherwise subject to funding by the
Judiciary Information Technology Fund.
IV. Duties of the Custodian
A. Clerk as Custodian. The Clerk of the Court is appointed custodian of
the Fund. The custodian's duties are detailed in the Guide, § 670.70 as
set forth below:
1. Ensure that all monies for the fund are received, safeguarded,
deposited, disbursed, and accounted for in accordance with any
pertinent laws.
2. Secure a bond, to be paid for from the fund, if required by the
Court.
3. Establish an accounting system as required by the Court.
4. Ensure that financial statements and operating reports are
prepared in a timely fashion and sign these statements, thereby
certifying that the statements and reports accurately present the
financial condition of the fund.
5. Deposit or invest monies of the fund.
6. Perform such other functions as the Court may direct.
B. Successor Custodian. Whenever a Clerk of this Court leaves office,
his or her successor in office becomes the successor custodian of the
Fund. The outgoing custodian is required to participate in an exit audit
as provided in the Guide, § 670.70.20 The successor custodian must
execute a receipt for all monies in the Fund in accordance with the
Guide, § 670.70.20(b).
7
V. Maintenance of the Funds
A. Accounts. The Clerk will segregate monies in the Fund from all
other monies in the Court's custody by placing them in interest-
bearing accounts in federally insured banks or savings institutions,
government securities, or money market funds invested in
government obligations. The Clerk will leave sufficient liquid funds
available to meet known or anticipated obligations, while
maximizing, to the extent practicable, the amounts earning income.
B. Reports. At least quarterly, but more frequently if the Chief Judge
directs, the Clerk will provide the judges of this Court a report
showing the following: beginning balance of assets; revenue during
the reporting period, including collections and investments;
disbursements during the reporting period; ending balance of assets
(bank balances and undeposited collections); obligations, accounts
payable, or known future expenditures; and available balance.
C. Audits. Audits of the Fund are conducted according to the
provisions in the Guide,§ 670.80.20. The Clerk will arrange for an
audit of the funds by an outside auditor or disinterested inspector
(which maybe a government employee) periodically as deemed
necessary or appropriate. The written results will be provided to the
Court.
D. Disbursements. All disbursements from the Fund will be made by
check or debit card. All checks must be signed by the Clerk or the
Chief Deputy Clerk. Before signing checks, the Clerk or Chief
Deputy Clerk separately satisfy themselves that all disbursements
are made in accordance with this Plan.
VI. Dissolution of the Fund
A. By Vote. A majority of the active district court judges may vote to
dissolve the Fund. Any balances in the Fund shall be disposed of in
accordance with the majority vote of the active district judges in
ways that fulfill or further the purposes of the Fund.
B. Final Audit. If the active district judges vote to dissolve the Fund,
a final audit will be conducted and a written accounting rendered to
the Court, according to the Guide, § 670.80.30.
8
C. Notice to Claimants. At the time of dissolution, the custodian will
give notice to all persons known or believed to have incurred
expenses for which the Fund may be authorized or obligated to pay.
Such persons will be given at least 30 days to submit their claims
for payment.
9
