PLAN FOR THE ADMINISTRATION OF THE
BENCH AND BAR FUND
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF VIRGINIA
October 2018
Revised Jun e 2023
I. Establishment of the Bench and Bar Fund
A. Authority. The United States District Court for the Western District of Virginia
("court") establishes 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"), 28 U.S.C.
§ 1914, Standing Order 2018-8 dated September 26, 2018, and the court' s inherent
authority.
B. Purpose. The Fund shall be used to promote the principles of equal justice under
law and to benefit the public, the bench, and the bar in the fair administration of
justice. The Fund shall not be used to supplement appropriated funds or
supplement the salary of any court officer or employee, or to pay for materials or
supplies currently available from statutory appropriations.
1. Attorney Admission Funds. Attorney admission funds are
non-appropriated funds segregated from all other monies in the court' s
custody. Attorneys appearing pro hac vice must pay an attorney
admission fee of one hundred dollars ($100.00) per case.
2. Sources. Funding is derived from attorney admission fees collected for the
filing of a motion to appear pro hac vice.
3. Excluded Sources. Except as provided in the Guide , Vol 4., Ch. 6,
§670.20(b)(6), monies from any other sources, including those specified in
the §670(d), will not be placed in the Fund.
II. Bench and Bar Advisory Committee
A. Purpose. Pursuant to the Guide, Vol. 4, Ch. 6, §670.60, the Court establishes an
Advisory Committee to provide advice and guidance to the Chief Judge on
appropriate expenditures and to make decisions on matters of policy relating to
the administration of the Fund. The Advisory Committee is the trustee of the
Fund tasked with administration and operation of the Fund in compliance with the
requirements of the Guide. Final determination ofrequests for reimbursement
over $1 ,000.00, with the exception of expenses involving pro bono representation,
must be approved by a majority vote of the Advisory Committee. All pro bono
representation expenses must be approved by the appointing judge.
B. Composition of the Committee. The Advisory Committee shall consist of seven
members: the Chief Judge, a Judge of the Western District of Virginia, the Clerk
of Court, a member of the Federal Bar Association and three members of the Bar
of the Western District of Virginia who are active and in good standing as
selected by the Chief Judge. The Chief Judge shall serve as long as he or she
occupies the position of Chief Judge. The appointment of a judge of the Western
District of Virginia to the Advisory Committee is for a three-year term and such
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shall be appointed by the Chief Judge. The attorney members shall be appointed
by the Chief Judge, serving three-year terms, with the option to be reappointed for
an additional three-year term at the discretion of the Chief Judge. Each
committee member shall serve a staggered three-year term. Special appointments
to fill unexpired terms due to a committee member' s resignation, retirement or
being otherwise unable or unwilling to serve may be appointed by the Chief
Judge.
C. Chairperson. The chief judge shall act as chairperson and preside over the
meetings of the committee. The chief judge acts for the committee when it is not
practical to convene a meeting of the committee.
D. Meetings. The Advisory Committee may conduct its meetings by telephone,
video conference, email, or in person. The chairperson calls meetings of the
committee as frequently as necessary to consider matters that the chief judge or
his or her designee puts before it. Unless designated otherwise, the meetings of
the committee are not open to the public. However, the court' s judges and
employees may attend meetings and participate therein.
E. Dissolution. All members of the committee serve at the will of the chief judge and
the court. The court or chief judge may dissolve the committee at any time. The
chief judge may at any time remove a member of the committee and appoint a
new member.
F. No Compensation. No member of the committee receives compensation for
service on the committee except for reimbursement of expenses incurred while
doing committee business. The chief judge must approve reimbursement of any
such expenses. Reimbursements are paid only from the Fund.
III. Policies for Fund Expenditures
A. Permissible Uses. The Fund may only be used for court related purposes that
promote equal justice under law and inure to the benefit of the public, bench, and
bar in the fair administration of justice. Proper uses of the Fund include, but are
not limited to, the following:
1. Reimbursement of expenses necessarily incurred by pro bono counsel as
defined in Appendix A. Normally, these expenses should not exceed
$2,500 per case. Expenses over that amount must be approved by the
presiding judge and Advisory Committee. In the event of an award of
attorney' s fees or costs to pro bono counsel in the course of such
litigation, the presiding judge may order return to the fund any payments
made from the fund to counsel for fees and expenses in an amount equal to
the award.
2. Educational programs for members of the bar of this court and educational
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programs for community outreach.
3. Equipment for photographing, videoing and otherwise recording court
events, educational programs and court history for the archives of the
court.
4. Attorney admission proceedings.
5. Attorney discipline proceedings.
6. Payment of fees and expenses incurred by expert witnesses appointed
pursuant to Federal Rule of Evidence 706 for which appropriated funds
are not available. Such payments are limited to civil cases involving pro
bona counsel representing indigent parties.
7. Fees for services rendered by independent Fund auditors.
8. Provide $5,000.00 for expenses not covered by appropriated funds
associated with the costs of a judicial portrait which includes the cost of
the portrait and framing for an Article III district judge of this court.
9. Provide $5,000.00 for expenses not covered by appropriated funds
associated with a portrait hanging ceremony for an Article III district
judge of this court.
10. Provide $5,000.00 for expenses not covered by appropriated funds
associated with an investiture ceremony for an Article III district judge or
magistrate judge of this court.
11. Provide $5,000.00 for expenses associated with a retirement ceremony or
event honoring the service of a judicial officer to the court upon their
leaving that service including flowers, mementos, and other appropriate
items for a memorial service of a judicial officer.
12. Purchase of incentives (i.e. , challenge coins, certificates, gift cards,
mementos), refreshments, and educational materials and expenses related
to receptions and graduation ceremonies, limited to $2,500.00 per fiscal
year (October 1 to September 30) for use in the following programs
(whether used collectively or for a single program):
a. Drug Treatment Court
b. Veteran's Treatment Court, and
c. Reentry Court.
13. Any other purpose for which appropriated funds may not legally be used
that will benefit the bench and bar in the administration of justice.
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B. Advice of 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 the
advice received in each such instance.
IV. Limitations on Use of the Fund
A. Limitations. Limitations on use of the Fund include those found in the Guide ,
Vol. 4, Ch. 6, §670.30, as well as the following :
1. No Unreasonable Accumulation of Funds. The court will avoid
unreasonable accumulation of funds. The reasonableness of any
accumulation of funds will be measured against the potential for large
unanticipated litigation expenses of appointed counsel. When the fund
reaches the amount of $150,000.00 and remains at that amount for more
than two fiscal years, the Court may, upon the recornrnendation of the
Advisory Cornrnittee, reduce the amount of the attorney admission fee
being collected for the filing of a motion to appear pro hac vice by fifty
percent (50%) or may temporarily suspend assessment and collection of
the attorney admission fee.
2. Equipment Purchases. If the Fund is used to purchase equipment, the
equipment becomes the property of the United States District Court for the
Western District of Virginia and will be available for use by the members
of the court's bar subject to any guidelines established by the active
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.
V. Duties of the Custodian
A. Clerk of Court or designee as Custodian. The Clerk is appointed as the custodian
of the Fund. The custodian' s duties are detailed in the Guide, Vol 4., Ch. 6,
§670.70. In addition to the duties detailed in the Guide, the custodian will prepare
an annual report on the financial condition of the Fund to be submitted to the
Court no later than two months after the end of the fiscal year certifying that it
accurately reflects the financial condition of the non-appropriated Fund.
B. Successor Custodian. Whenever a clerk of this court leaves office, his or her
designee or successor in office becomes the successor custodian of the Fund. The
outgoing custodian is required to participate in an exit audit and the successor
custodian must execute a receipt for all monies in the Fund as provided in the
Guide, Vol. 4, Ch. 6, §670.70.20(a) and (b).
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C. Budget and Finance Administrator. The Clerk of Court has designated the Budget
and Finance Administrator to supervise the maintenance, investment, and
protection of the Fund, specifically to :
1. Receive, safeguard, deposit, and account for all monies in the Fund in
accordance with any pertinent laws, internal controls, this plan, the Guide,
and the policies established by the court;
2. Reconcile the account and advise the Custodian on the condition of the
Fund by issuing monthly statements; and
3. Arrange for an annual audit of the Fund.
VI. Maintenance of the Funds
A. Accounts. The Custodian, with the guidance of the Budget and Finance
Administrator, will segregate monies in the Fund from all other monies in the
court's custody by placing them only in federally insured banks or savings
institutions. When practical and feasible, all substantial sums should be placed in
interest-bearing accounts, government securities or money market funds invested
in government obligations, at the direction of the Chief Judge or Advisory
Committee. The Custodian will leave sufficient liquid funds available to meet
known or anticipated obligations, while maximizing, to the extent practicable, the
amounts earning income.
B. Reports. The Custodian shall render an accounting to the Court at least annually,
within two months after the end of the fiscal year, which accurately reflects the
financial condition of the Fund. Any additional reporting requirements may be
done at the direction of the Chief Judge or Advisory Committee to report 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, Vol. 4, Ch. 6, §670.80.20.
D. Record Keeping. Bookkeeping and supporting records for the Fund shall be
maintained in the Office of the Clerk. All requirements of the Guide, Vol. 11 , Ch.
2, §270 will be followed regarding verification and review of the Fund.
E. Fund Disbursement Approval. Disbursement from the Fund shall be made only
with an approved order of the court. All expenditures must be approved by the
Chief Judge. The Advisory Committee must approve non-case related
expenditures over $1 ,000. Pro Bono case related expenditures under $2,500 may
be approved by the presiding judge with the concurrence of the Chief Judge. Pro
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Bono case related expenditures over $2,500 must be approved by the presiding
judge and the Advisory Committee.
F. Disbursements. The Custodian will issue payment upon presentation of an order
signed by a judicial officer and appropriate documentation demonstrating that the
expenditure meets the guidelines set out by this Plan. All disbursements from the
Fund will be made by check, debit card or other means. Signatories for all
disbursement checks shall include one of the following individuals: The Chief
United States District Judge; the Clerk of Court, the Chief Deputy Clerk; or any
United States District Judge who is shown on the account's authorized signature
cards.
VII. Procedures for Seeking Reimbursement from the Fund
A. Prior Authorization to Incur Expenses. Whenever practical, prior authorization
must be sought before expenses are incurred. Except for applications submitted by
a judge, applications for authorization to incur expenses to be paid by the Fund
must be submitted in writing, as follows:
1. For litigation expenses in pro bono appointments, the application must be
submitted for approval to the appointing judge, in accordance with the
Guidelines Governing the Reimbursement of Expenses in Pro Bono Cases
and attached to this plan as Appendix A;
2. For all other expenditures, the application must be submitted to the chief
judge.
B. Applications by a Judge. Applications submitted by a judge will be made as
directed by the chief judge.
C. Applications for Authorizations. Except for applications submitted by a judge,
applications for authorization to incur expenses must set forth the purposes for
incurring the expenses, the estimated cost, the applicant' s efforts to keep the cost
as low as possible, and the applicant' s efforts to obtain funds from other sources
to pay the expenses. The guidelines for reimbursable pro bono appointment
expenses are attached to this plan as Appendix A.
D. Repayment from Judgment or Settlement. An application for authorization to
incur litigation expenses to be paid from the Fund constitutes an agreement that
amounts reimbursed must be repaid, in whole or in part, if the case is settled with
the payment of money, if fees and costs are awarded under 42 U.S.C. §1988 or
any other fee-shifting statute, or if the party is awarded monetary damages. The
amount of the reimbursement shall be determined by the presiding judge.
E. Written Approval of Applications. All applications must be approved by the
Chief Judge via written order stating the maximum amount approved. The
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Advisory Committee must approve non-case related expenditures over $1 ,000.
Pro Bono case related expenditures under $2,500 may be approved by the
presiding judge with the concurrence of the Chief Judge. Pro Bono case related
expenditures over $2,500 must be approved by the presiding judge and the
Advisory Committee.
1. Authorization to Incur Litigation Expenses. For litigation expenses, the
appointing judge must electronically file the original authorization order in
the case (under seal, if appropriate) .
2. Other Authorizations to Incur Expenses. All other authorizations shall be
maintained in the Office of the Clerk.
3. Authorizations Open to Auditors. All authorizations, including those
granted in camera and under seal, are available for inspection by auditors.
VIII. 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 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,
Vol. 4, Ch. 6, §670.80.30.
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.
D. Remaining Monies. The court must dispose of any remaining monies in ways that
fulfill the purposes of the attorney admission fund.
IT IS THEREFORE ORDERED that this ~e~sed Plan for the Administration of the Bench and
Bar Fund is adopted by the court on this k_ day o ~ 2023.
BY THE COURT: r
Chief United States District Judge
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SCHEDULE OF REVISIONS TO
THE PLAN FOR THE ADMINISTRATION OF THE BENCH AND BAR FUND
Date Section Number and Title
March 29, 2021 Section I.B. Establishment of the Bench and Bar Fund
March 29, 2021 Section II. A, B, D. Bench and Bar Advisory Committee
March 29, 2021 Section III. A, B. Policies for Fund Expenditures
March 29, 2021 Section VI. E, F. Maintenance of the Funds
March 29, 2021 Section VII. E. Procedures for Seeking Reimbursement from the Fund
June 9, 2023 Section III, Policies for Fund Expenditures; Section IV. Limitations on
Use of the Fund
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