ORIGINALLY FILED
2022 SEPT 23
AMENDED AND REFILED
2024 SEPT 26
CLERK
U.S. DISTRICT COURT
THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH
IN THE MATTER OF THE
PRO BONO PROGRAM General Order - AMENDED
FOR THE DISTRICT COURT 22-017
In February 2015, under General Order 15-001, the Court implemented a Pro
Bono Program (Program) consistent with the requirement of DUCivR 83-1.1(a)(3) that
active attorneys accept a reasonable number of pro bono appointments. As a means of
increasing access to justice for those litigants who are unable to retain counsel, this
Order expands the categories of reimbursement available for pro bono counsel.
Therefore, the authority granted in General Order 15-001 remains in effect
except as modified by this Order. If there is an inconsistency between General Order
15-001 and this Order, this Order governs. After careful consideration, the Court
approves, authorizes, and directs:
Appointment and Reimbursement
1. The District Court, in conjunction with Federal Bar Association, Utah
Chapter, will engage in outreach efforts to identify attorneys and law firms to accept pro
bono appointments under the Program.
2. When a judge requests appointment of pro bono counsel, the Clerk’s
Office will identify counsel who will accept the appointment and enter a staff note in the
docket.
3. Disbursement from the Attorney Admission Fund (Fund) may be made to
pro bono counsel in an amount up to $10,000.00 per case (the reimbursement cap),
unless the court orders otherwise, to reimburse for:
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a. out-of-pocket expenses including but not limited to awardable
costs;
b. compensation for fees;
c. payment of witness fees and other expenses for indigent pro se
litigants; and
d. the preparation and presentation of the case, contested matter, or
adversary proceeding to the extent they are reasonable,
necessary, and otherwise recoverable under this Order. The
assigned judge will determine the reasonableness of
reimbursements on a case-by-case basis.
4. The Attorney Admission Fund Committee is authorized to modify the per
case cap as necessary without amendment to this General Order. Future modifications
to the per case cap will be noted on the court’s website.
5. The following expenses may also be reimbursed in addition to the
expenses or costs identified above and in 28 U.S.C. § 1920:
a. an investigator or paralegal not to exceed $100.00 per hour;
b. pre-authorized travel (limited to accommodations and
transportation with a mileage at the rate for official government
travel in effect at the time of the travel);
c. mediation; and
d. other preapproved costs/expenses.
6. Pro bono counsel must file a Motion for Authorization of Travel and
Related Expenses or Costs or a Motion for Reimbursement of Expenses or Cost in the
case before requesting reimbursement from the Fund. Form motions are located on the
court’s website.
7. The Clerk of Court will make disbursements from the Fund to reimburse
pro bono counsel or a service provider (e.g., interpreter, investigator, mediator, court
reporter, etc.) retained by pro bono counsel, only after the assigned judge has
determined the request is reasonable, within the reimbursement cap, and approved the
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request. The assigned judge will send a copy of the order granting the motion to the
Clerk of Court for processing and payment.
8. The assigned judge must order repayment of any payments made from
the Fund to counsel for fees or expenses in an amount equal to fees, expenses, and
costs awarded. Repayment amounts will be deposited into the Fund.
Attorney Appearance and Withdrawal
IT IS FURTHER ORDERED that:
9. After acceptance of the pro bono appointment, the attorney must file an
appearance or response consistent with the scope of the appointment. Thereafter, the
pro bono attorney must communicate with the party and, if authorized by the
appointment, explore all avenues to resolve the matter. The pro bono attorney must
continue representation until the purpose and scope of the appointment has been
fulfilled.
10. A pro bono attorney may file a motion to withdraw from the case
consistent with the rules and procedures in effect at the time of filing the motion. If the
assigned judge grants the motion, the judge may request that another attorney or firm
be identified to accept the pro bono appointment.
11. The Clerk of Court must provide a copy of this Order to the pro bono
attorney after the appointment has been accepted.
SO ORDERED this 26th day of September, 2024.
BY THE COURT:
_____________________________________
ROBERT J. SHELBY
CHIEF UNITED STATES DISTRICT JUDGE
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