FILED
2016 AUG 29 AM 10:58
CLERK
U.S. DISTRICT COURT
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
IN THE MATTER OF PRO BONO
PROGRAM FOR THE BANKRUPTCY General Order No. 16-004
COURT
The Court has been apprised of the Pro Bono Program (the AProgram@) proposed by the
Bankruptcy Court of this district and interested parties. A summary of the terms of the program
(the ASummary@) is attached hereto. In addition, the Bankruptcy Court has approved the
Program by its General Order, a copy of which along with a Notice to Litigants is also attached
hereto. With this presented,
The Court:
1. Approves the Program as outlined in the Summary and to the extent necessary,
authorizes it implementation by the Bankruptcy Court in this District. Only matters involving
Sections 523 and 727 of the Bankruptcy Court or the potential of leading up to such shall qualify
for the Program.
2. This Court approves the solicitation of attorneys and law firms as volunteers to
participate in the Program in such manner and means as the Bankruptcy Court and such ad hoc
committee it organizes or participates with deems appropriate.
3. The Summary procedures are authorized.
4. Once qualified and a volunteer attorney has accepted the assignment and is
confirmed, a letter to the attorney taking the case will be sent by the Access to Justice Director for
the Utah State Bar who shall follow the other procedures set forth in the Summary.
5. This Court authorizes the expenditure of costs only up to $2,000.00 per case or
proceeding which has qualified for the Program. The funds may be drawn on the attorney
admission fund administered by this Court.
6. Disbursements of funds for costs shall only be made after a review and approval by
the Bankruptcy Court and such ad hoc committee it deems appropriate. Such approval will then
be transmitted to the Clerk of this Court for processing and payment.
7. Although the expected expenses are not related to a criminal matter, the Court
deems following the guidelines for administration of the Criminal Justice Act helpful and should
be followed. Allowable expenses include deposition and transcripts, travel expenses, service of
papers and witness fees, interpreter services, cost of copies, photographs, long distance charges
and fax transmissions, computer assisted legal research, investigative expense and other expenses
approved in advance by the Bankruptcy Court and/or its ad hoc committee. The following costs are
non-allowable: general office expenses, personnel costs, rent, secretarial assistance, equipment
costs, costs awarded against a party and sanctions.
8. Upon acceptance of the representation, the participating attorney shall file an
appearance or response to the proceeding or contested matter. Following the filing of an entry of
appearance or response, the pro bono attorney shall communicate with the party and explore all
possibilities of resolving the matter. The pro bono attorney shall continue in the case or proceeding
until the attorney client relationship is ended.
9. A pro bono attorney may move the Bankruptcy Court for authorization to withdraw
from the representation if the pro bono attorney complies with the rules and procedures in effect in
the Bankruptcy Court at the time of such request. At the present time, they are outlined in
Bankruptcy Court Local Rule 2091-1.
10. If the Court allows the pro bono attorney to withdraw, the Court may either direct
that another attorney or firm be requested to serve as the pro bono attorney or may decline to make
an additional request for other attorney(s) to become involved in which case. In addition, the party
(and in almost all instances, the Debtor/ defendant) shall be permitted to defend the action pro se.
IT IS SO ORDERED:
_______________________________ Dated: August 11 2016
David Nuffer
Chief Judge
