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OCTOBER 18, 2024
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3 UNITED STATES DISTRICT COURT
4 DISTRICT OF NEVADA
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IN THE MATTER OF:
7 THIRD AMENDED GENERAL ORDER
PRO BONO PROGRAM 2019-07
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10 WHEREAS, attorneys admitted to practice in this District have a strong tradition of
11 providing pro bono representation to indigent litigants in civil cases in the courts of the State of
12 Nevada;
13 WHEREAS, Legal Aid Center of Southern Nevada (“Legal Aid”) is willing to support and
14 coordinate providing qualified volunteer lawyers to represent indigent pro se litigants in this
15 District;
16 WHEREAS, volunteer lawyers provide an extremely valuable service, which enhances
17 our legal system;
18 WHEREAS, volunteer lawyers who provide their time and resources to preserve access
19 to justice for those unable to afford a lawyer greatly assist this Court in the performance of its
20 mission;
21 WHEREAS, the Judges of this District have authorized the implementation of the attached
22 Program for the Representation of Pro Se Litigants;
23 IT IS THEREFORE ORDERED that the Pro Bono Program for the Representation of Pro
24 Se Litigants in the United States District Court for the District of Nevada, attached hereto, is
25 adopted.
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1 IT IS FURTHER ORDERED that the Court’s Pro Bono Committee is directed to maintain
2 statistics measuring program activity and submit annual reports to the Judges of this District.
3 DATED this 17th day of October, 2024.
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ANDREW P. GORDON CHIEF JUDGE
6 UNITED STATES DISTRICT COURT
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1 PRO BONO PROGRAM FOR THE REPRESENTATION OF
2 PRO SE LITIGANTS IN THE UNITED STATES
DISTRICT COURT FOR THE DISTRICT OF NEVADA
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4 The United States District Court for the District of Nevada (“Court”) adopts the following
5 Pro Bono Program (“Program”) for furnishing representation to pro se litigants in matters where
6 the Court exercises its discretion to provide such representation. See 42 U.S.C. § 2000e, et seq.
7 and 28 U.S.C. § 1915. This Program will govern the appointment of attorneys to represent pro
8 se litigants. For each civil action commenced by such litigant, any District Judge or Magistrate
9 Judge to whom the action is assigned may issue an order of appointment and other orders
10 relating to representation by the appointed attorney in accordance with this Program. The Court,
11 through a Pro Bono Committee and designated Pro Bono Liaison, will work in conjunction with
12 Legal Aid to administer the Program. The designated Pro Bono Liaison (“Liaison”) can be
13 reached at :
14 333 Las Vegas Boulevard South, Suite 3071
Las Vegas, Nevada 89101
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702.464.5570
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Volunteer lawyers provide an extremely valuable service, which enhances our legal
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system. Pro bono representation can be a rewarding and enlightening experience. The Court is
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grateful to the volunteer lawyers who provide their time and resources to preserve access to
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justice for those unable to afford an attorney. This includes several firms in the community which
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have agreed to accept pro bono cases on an ongoing basis and are part of a direct assignment
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program.
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24 The Program will cover costs for civil cases assigned through this Program and those
25 associated with the preparation of a pro se bankruptcy case in U.S. Bankruptcy Court for the
26 District of Nevada, as detailed in Sections 2(c)-(f). The Program will not otherwise administer or
27 provide coordination for pro se bankruptcy cases.
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2 SECTION 1. APPOINTMENT
3 (a) Referral to the Program.
4 (1) Timing. At any time during the course of litigation, an assigned Judge may refer the
5 case to the Program for the appointment of pro bono counsel. The referring Judge must
6 inform the Pro Bono Liaison of the need for pro bono counsel by either emailing the
7 Liaison or instructing the Clerk of Court (in the order appointing counsel) to inform the
8 Liaison of the referral to the Program. Referral to the Program is not an endorsement of
9 the merits of the case. Whether to refer a case for appointment is discretionary and
10 generally based on a number of factors, including but not limited to:
11 A. the inability of the pro se party to retain counsel by other means;
12 B. the potential merit of the claims as set forth in the pleadings;
13 C. the nature and complexity of the action, both factual and legal, including the need
14 for factual investigation, the need for (an) expert(s), and the overall needs of
15 discovery;
16 D. the presence of conflicting testimony calling for a lawyer’s presentation of evidence
17 and cross-examination;
18 E. whether the pro se party has another case pending before the Court and, if so,
19 whether counsel has been appointed in such case;
20 F. the capability of the pro se party to present the case;
21 G. the degree to which the interests of justice will be served by appointment of
22 counsel, including the benefit the Court may derive from the assistance of
23 appointed counsel;
24 H. whether reasonable expenses and attorney’s fees may be recoverable by the
25 prevailing party in the action;
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1 I. the degree to which it appears an early ADR procedure, such as a settlement
2 conference or early neutral evaluation under Local Rule 16, may bring about an
3 early, inexpensive and consensual resolution of the litigation by:
4 (i) facilitating or improving communications between the parties;
5 (ii) providing the parties an opportunity to be heard regarding their
6 respective grievances, positions, concerns, goals, and interests;
7 (iii) promoting the parties’ understanding of the strengths and weaknesses
8 of their respective cases;
9 (iv) limiting, narrowing, or simplifying the issues in dispute;
10 (v) restoring or preserving personal or business relations;
11 (vi) otherwise creating an atmosphere conducive to settlement;
12 (vii) achieving settlement on terms not available through litigation; or
13 (viii) achieving settlement of some or all issues as between some or all
14 parties; and
15 J. any other factors deemed appropriate by the referring Judge.
16 (2) Scope of Appointment. Cases may be referred to the Program for either general
17 purpose or limited purpose representation. Limited purpose representation will normally,
18 though not necessarily, correlate to representation for purposes of participating in an
19 Alternative Dispute Resolution proceeding under Local Rule 16, including early mediation
20 conferences in Section 1983 prisoner litigation.
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22 (b) Appointment. Once the assigned Judge has informed the Liaison of the referral to
23 the Program, the Liaison will forward the referral to Legal Aid. Legal Aid will, in turn,
24 screen the litigant for financial eligibility and ensure the litigant is requesting the
25 assistance of pro bono counsel. Once eligibility is determined and the desire for pro bono
26 counsel is confirmed, Legal Aid will relay this information to the Liaison. In turn, Legal Aid
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1 and/or the Pro Bono Committee will attempt to locate counsel willing to take on the pro
2 bono representation.
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4 (c) Order of Appointment. Once pro bono counsel has agreed to take a case through
5 the Program, the Liaison will forward a proposed order appointing pro bono counsel to
6 the referring Judge. Absent unusual circumstances, pro bono counsel is expected to
7 remain as counsel for the duration of the purpose of the appointment. Docketing of the
8 order appointing pro bono counsel must result in the setting of a public PROBONO case
9 flag. Appointment under this Program does not extend to the appeal, if any, of a final
10 decision, which must be the responsibility of the client.
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12 (d) Notice of Appearance and Appointment Response Form. Within thirty (30) days
13 after entry of the order appointing counsel, pro bono counsel must file a Notice of
14 Appearance. Pro bono counsel must also complete and return to Legal Aid the Pro Bono
15 Response Form, indicating: “Representation of [pro se litigant’s name] for [type of
16 appointment (i.e. “the limited purpose of” or “All Purposes”)] is accepted.” Pro bono
17 counsel must also indicate on this form that they have conferred with the litigant and that
18 the litigant agrees to the representation.
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20 (e) Notice of Completion of Pro Bono Appointment. The Notice of Completion Form
21 is critical to the Program’s success, the accuracy of case records, and the quality of
22 service to pro se litigants. This Form must be submitted within fourteen (14) days after
23 completion of legal services rendered by pro bono counsel to Legal Aid.
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25 (f) Record of Attorney Appointments. The Liaison, in conjunction with Legal Aid, will
26 maintain a record of appointments and provide an annual written report to the Pro Bono
27 Committee and Chief District Judge.
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2 (g) Waiver of CM/ECF Fees. Attorneys who have taken on the pro bono representation
3 must not be charged fees for use of the Court’s electronic filing system (PACER) in the
4 case on which they are serving as pro bono counsel.
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6 (h) Liability Insurance. Participating attorneys will be eligible for professional errors and
7 omissions insurance coverage provided by Legal Aid to the extent such coverage is
8 available.
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10 (i) Business Entities Not Eligible. Business entities are not eligible for participation in
11 the Program.
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13 (j) Pro Hac Vice. Attorneys who file for pro hac vice status will not be charged the petition
14 filing fee in a case where they are serving as pro bono counsel.
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16 (k) Available Resources. Legal Aid and the Pro Bono Committee offer several resources
17 to assist attorneys who have taken a case through the Program. These resources include,
18 but are not limited to, periodic CLEs, guides to Section 1983 litigation, and mentors.
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21 SECTION 2. EXPENSES
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23 (a) Reimbursement of Reasonable Expenses. An attorney assigned pursuant to the
24 Program to represent a party in a proceeding before this Court may apply for
25 reimbursement from the Court Fund of reasonable expenses, eligible expenses not paid
26 by the party. Before seeking reimbursement of costs, pro bono counsel must seek
27 payment from the party, to the extent feasible. The “Court Fund” consists of an annual
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1 allowance made by the District of Nevada’s Attorney Admission Fund to the Pro Bono
2 Committee to use in the Committee’s discretion for reimbursement of eligible expenses
3 on a pro rata basis.
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5 (b) Advancement of Expenses. The assigned attorney or firm may, but is not required
6 to, advance the payment of expenses. Assigned counsel or the firm with which counsel
7 is affiliated may advance part or all of the payment of any such expenses without requiring
8 that the counsel or firm remain ultimately liable for such expenses. In appropriate
9 circumstances, the Pro Bono Committee may approve an advance of expenses
10 requested by pro bono counsel.
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12 (c) Expenses Eligible for Reimbursement.
13 1. Deposition and Transcript Costs. Counsel must inquire with Legal Aid as to the
14 availability of court reporters who charge a discounted rate for pro bono cases.
15 Except as otherwise ordered by the Court, the cost of the original of any transcript
16 or deposition together with the cost of one copy each where needed by counsel
17 and, for deposition, the copy provided to the Court will be eligible for
18 reimbursement.
19 2. Travel Expenses. Reasonable expenses of travel by car or air to the unofficial
20 Northern or Southern districts for client visits, hearings, and/ or trials will be eligible
21 for reimbursement at the rate currently prescribed for federal judiciary employees.
22 For car travel, reasonable expenses of travel by privately owned automobile are
23 eligible for reimbursement at the rate currently prescribed for federal judiciary
24 employees who use a private automobile for conduct of official business
25 (“Reimbursed Vehicle Rate”), plus parking fees, tolls, and similar expenses,
26 provided, however, that if the cost of a vehicle rental plus fuel (“Rental Vehicle
27 Rate”) is less expensive than the Reimbursed Vehicle Rate, reimbursement will be
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1 capped at the Rental Vehicle Rate, plus parking fees, tolls, and similar expenses.
2 Reasonable expenses for transportation other than by privately owned automobile,
3 including air travel, may be claimed on an actual expense basis. Actual expenses
4 reasonably incurred will be guided by the prevailing limitations placed upon travel
5 and subsistence expenses of federal judiciary employees in accordance with
6 existing government travel regulations.
7 3. Lodging. Reasonable lodging expenses in the unofficial Northern or Southern
8 districts in connection with court hearings and/or trials will be eligible for
9 reimbursement at the rate currently prescribed for federal judiciary employees.
10 4. Service of Papers; Witness Fees. Counsel must inquire with Legal Aid about the
11 availability of free or discounted process servers. Fees for service of papers and
12 the appearances of witnesses that are not otherwise avoided, waived, or
13 recoverable are eligible for reimbursement.
14 5. Interpreter Services. Reasonable expenses of interpreter services not otherwise
15 avoided, waived, or recoverable are eligible for reimbursement. The fees/rates are
16 subject to a reasonableness standard and may not exceed the hourly rate
17 established by the Criminal Justice Act.
18 6. Experts. Reasonable expenses for expert services, other than interpreters, not
19 otherwise avoided, waived, or recoverable, are eligible for reimbursement.
20 7. Expenses Ineligible for Reimbursement from the Court Fund. General office
21 expenses, including personnel, rent, telephone services, secretarial help, and
22 photocopying, are not reimbursable. Any expenses incurred in conducting
23 computer assisted legal research is not reimbursable. The expense of printing
24 briefs, regardless of the printing method utilized, is not reimbursable.
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26 (d) Limits for Reimbursements.
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1 1. Types of Actions. Expenses associated with the preparation of a civil action in the
2 U.S. District Court for the District of Nevada will be eligible for reimbursement.
3 Expenses associated with the preparation of a bankruptcy case in the U.S.
4 Bankruptcy Court for the District of Nevada will also be eligible for reimbursement.
5 Expenses associated with the preparation or presentation of an appeal to the U.S.
6 Court of Appeals or the U.S. Supreme Court will not be reimbursed.
7 Reimbursement may be limited by funds available.
8 2. Dollar Limits. To the extent the represented party is unable to bear all or part of
9 the expense of litigation, advances plus reimbursements are limited to $7,500 in
10 aggregate absent prior court approval under section (g).
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12 (e) Procedures for Obtaining Reimbursement or Advance.
13 1. Reimbursement. A request for reimbursement for reasonable expenses not paid
14 by the litigant must be made by sending a memorandum to the Program’s Liaison,
15 who in turn, will forward the request to the Pro Bono Committee. Requests may be
16 made at any time after the expense has been paid during the pendency of the
17 proceedings and up to thirty days following the entry of judgment in the
18 proceedings. The request must set forth the reason for the request and the amount
19 of the expense, as well as any expenses that have already been advanced and/or
20 reimbursed in the action on behalf of the party. The Committee may condition
21 approval or denial of such requests subject to the availability of funds at the time
22 of the request.
23 2. Advance. A request for an advance disbursement to cover an expense must be
24 made by sending a memorandum to the Program’s Liaison, who in turn, will
25 forward the request to the Pro Bono Committee. All requests for preapproval and
26 advancement must be submitted through the Liaison. The request must set forth
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1 the reason for the request and the estimated amount of the expense, as well as
2 any expenses that have already been advanced and/or reimbursed in the action
3 on behalf of the party. The Committee may condition approval or denial of such
4 requests on the availability of funds at the time of the request.
5 3. Format. The request must be accompanied by sufficient documentation to permit
6 a determination that the request is appropriate and reasonable. The request should
7 also note whether the expense has already been paid.
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9 (f) Repayment to the Court Fund. To the extent a party assigned counsel under the
10 Program obtains a monetary award through final judgment, or an award of costs
11 (including taxable costs), any advances or reimbursements previously obtained from the
12 Court Fund must be repaid in full, first from the cost award and then from the judgment,
13 not to exceed the total amount of the awards.
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15 (g) Extraordinary Expenses. If pro bono counsel has incurred expenses of an
16 extraordinary nature, and after exhausting the maximum amount reimbursable from the
17 Court Fund as set forth in paragraph 2(d)(2) above, counsel may apply for additional
18 reimbursement or advance. Any such request must be made by:
19 (1) filing an ex parte motion under seal (which complies with LR IA 10-5) before the
20 assigned Judge explaining why the need for additional reimbursement/advance is
21 reasonable, necessary, and essential to the effective representation of the pro bono
22 client, and
23 (2) sending a copy of the motion to the Program’s Liaison, who in turn, will forward the
24 request to the Pro Bono Committee.
25 The approval or denial of such requests by the Pro Bono Committee is subject to (1) the
26 assigned Judge’s determination that the reimbursement is reasonable and necessary and
27 (2) the availability of funds at the time of the request.
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3 SECTION 3. COMPENSATION FOR SERVICES
4 (a) Attorney Fees. Upon appropriate application, the assigned Judge may award
5 attorney fees against an opposing party for services rendered in the action as
6 authorized under applicable statutes, regulations, rules, or other provisions of law, and
7 as the Judge deems just and proper considering the applicable legal standards.
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9 (b) Changed Circumstances. If, after appointment, the appointed attorney discovers the
10 party, due to changed circumstances, is no longer financially eligible as originally
11 determined pursuant to Section 1(b), the attorney must bring this information to the
12 attention of the assigned Judge, who may thereupon (i) approve a fee arrangement,
13 including a contingency fee arrangement, between the party and the appointed
14 attorney, or (ii) relieve the attorney from the responsibilities of the order of appointment
15 and permit the party to retain an attorney or proceed pro se.
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17 (c) Contingency Fee Agreements. Nothing in these rules will preclude or limit appointed
18 counsel and the pro se litigant from entering into a contingency fee agreement, subject
19 to any legal and ethical obligations, at the outset of the appointment. Except as
20 provided in subsection (b) of this section, any such agreement must be made within
21 the time frame for filing a notice of appearance, which must indicate that a contingency
22 fee agreement is in place. In the case of a contingency agreement or other
23 arrangement made under this subsection or subsection (b), appointed pro bono
24 counsel is not eligible for advancement or reimbursement of expenses.
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