FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
Nov 21, 2025
1 UNITED STATES DISTRICT COURT SEAN F. MCAVOY, CLERK
2 EASTERN DISTRICT OF WASHINGTON
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In Re
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Plan of the U.S. District Court for the GENERAL ORDER NO. 2025-23
5 Eastern District of Washington for the
Representation of Indigent Pro Se
6 Litigants in Civil Cases
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The United States District Court for the Eastern District of Washington (the
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Court), has fully reviewed and considered the attached Civil Pro Bono Plan
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governing the establishment of a Pro Bono Panel, as well as the appointment and
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reimbursement of pro bono counsel in indigent pro se civil cases.
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THEREFORE, IT IS HEREBY ORDERED:
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1. The Civil Pro Bono Plan, attached as Exhibit 1, is adopted in full.
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2. The Civil Pro Bono Plan supersedes General Order No. 16-114-1 in
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its entirety.
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3. The Clerk of Court is authorized to develop, implement, publish, and
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modify administrative procedures necessary to ensure the efficient implementation
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and operation of the Civil Pro Bono Plan. Substantive amendments to the Plan
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itself shall remain subject to approval by the Court.
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GENERAL ORDER NO. 2025-23 – CIVIL PRO BONO PLAN - 1
1 This General Order shall become effective immediately upon entry of this
2 General Order.
3 IT IS SO ORDERED.
4 DATED this 21st day of November, 2025.
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7 HON. STANLEY A. BASTIAN
CHIEF UNITED STATES DISTRICT JUDGE,
8 EASTERN DISTRICT OF WASHINGTON
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GENERAL ORDER NO. 2025-23 – CIVIL PRO BONO PLAN - 2
EXHIBIT 1
Civil Pro Bono
Plan
United States District
Court Eastern District of
Washington
Exhibit No. 1 to General Order No. 2025-23
Effective November 21, 2025
Table of Contents
I. AUTHORITY .................................................................................................................. ii
II. Purpose and Scope ....................................................................................................... ii
III. Establishment of Pro Bono Panel of Attorneys and Mentorship Program ...................... ii
IV. Appointment of Counsel in Selected Cases................................................................... iii
V. Spokane Volunteer Lawyers’ Program Intake Process .................................................. iv
VI. Duration of representation .......................................................................................... iv
VII. Reimbursement of Costs and Expense .......................................................................... v
VIII. Recovery of Reimbursed Expenses .............................................................................. vii
IX. Fee Agreements ......................................................................................................... vii
X. In-Court Hearing ........................................................................................................ viii
XI. Waiver of PACER fees ................................................................................................ viii
XII. Rules and Policies ...................................................................................................... viii
XIII. Effective Date .............................................................................................................. ix
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF WASHINGTON
CIVIL PRO BONO PLAN
I. AUTHORITY
The judges of the United States District Court for the Eastern District of
Washington (“the Court”) adopt this Civil Pro Bono Plan (“Plan”) pursuant to
the inherent authority of the Court and 28 U.S.C. §1915. This Plan supersedes
General Order No. 16-114-1 in its entirety.
II. Purpose and Scope
The purpose of this Plan is to ensure that attorneys may be appointed to
represent parties in civil actions who cannot afford legal counsel, in those cases
that merit representation, and to allow for the reimbursement of associated
expenses.
The Plan is intended to encourage attorney participation in a district-wide pro
bono effort to expand access to justice in the Eastern District of Washington and
give attorneys experience litigating in federal court.
No procedure or requirement contained within this Plan shall be deemed to
create a substantive or procedural right as to either attorneys or litigants
appearing before this Court.
III. Establishment of Pro Bono Panel of Attorneys and Mentorship Program
Attorneys admitted to practice before the Court and in good standing who are
willing to serve as pro bono counsel for indigent civil plaintiffs may file an
application with the Federal Bar Association for the Eastern District of
Washington (hereafter FBA). The FBA will review the applications submitted
and establish a roster of qualifying attorneys participating on the Eastern
District of Washington’s Pro Bono Panel. Panel members may designate the
types of cases in which they are willing to provide Pro Bono legal counsel (e.g.,
civil rights, fair housing, employment discrimination, veterans’ benefits, social
security benefits, Americans with Disabilities Act, etc.).
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Qualified mentors may be appointed (1) at the request of the primary panel
member appointed to a civil case; or (2) at the determination of the FBA based
upon prior panel service of the appointed panel member. Mentor selection
will be based upon a determination of panel member experience/expertise by
the FBA. Unless formerly associated as counsel of record, the mentor attorney
will not be added as co-counsel of record on the case docket sheet or be
otherwise associated with the case in any way.
IV. Appointment of Counsel in Selected Cases
Upon request of an indigent pro se litigant, accompanied by a declaration of
indigency, the Court will determine whether appointed counsel is warranted.
If the Court finds appointed counsel is warranted, the Court will contact the
President of the FBA and request the appointment of a Pro Bono panel
member. The Court will provide the FBA with the names of the parties, the
cause number(s), and a copy of the Complaint, Answer, and any pending
motions.
The President of the FBA shall contact qualifying Pro Bono panel members to
ascertain availability and willingness to accept appointment and absence of
conflict in accepting appointment, with the intent of identifying one or more
attorneys willing to accept the pro bono appointment. The President of the FBA
shall then communicate to the Court the names of the one or more attorneys
willing to accept the appointment. If no attorneys are willing or able to accept
the requested appointment, the President of the FBA will advise the Court
accordingly.
Assuming one or more attorneys are willing to accept the appointment, the
Court will select counsel of its choice and, by written order, appoint an
attorney(s) as pro bono counsel.
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V. Spokane Volunteer Lawyers’ Program Intake Process
Under the rules of the Washington State Bar Association (WSBA), attorneys
who perform legal pro bono activities may be entitled to continuing legal
education (CLE) credits. Under the WSBA’s current rules, to receive CLE credit,
attorneys must do pro bono work for a qualified legal services provider, which
is defined as “a not for profit legal services organization in Washington State
whose primary purpose is to provide legal services to low income clients.” APR
1(e)(8). The United States District Court does not meet this definition.
The Spokane Volunteer Lawyers’ Program (Spokane VLP) is a qualified legal
services provider under the WSBA definition. If pro bono counsel wishes to
receive CLE credit for their representation, counsel may be able to open a
matter with Spokane VLP so as to bring the representation within Spokane
VLP’s ambit. By adhering to Spokane VLP’s procedures, counsel’s pro bono
representation may qualify for CLE credit. The Court does not make any
express promises concerning the benefits that may come with opening a pro
bono matter with Spokane VLP (or any other qualified legal services provider).
VI. Duration of representation
A. Pro bono representation duration will be dictated by the needs of the
case at hand. Representation may be for the case in its entirety or it may
be for a limited appearance such as amendment of a pleading,
participating at a settlement conference, filing or opposing a dispositive
motion, attending a hearing(s), attending a deposition(s), conducting or
responding to discovery, or attending trial.
B. If the party desires to take an appeal from a final judgment or appealable
interlocutory order, or if such judgment or order is appealed by another
party, or if the matter is remanded to an administrative forum, the
appointed attorney is encouraged but not required to represent the
party on the appeal, and in any proceeding, judicial or administrative,
which may ensue upon an order of remand.
C. Where the appointed attorney elects not to represent the party on an
appeal or in a proceeding upon remand, the attorney shall advise the
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party of all required steps to be taken in perfecting the appeal or
appearing in the proceeding on remand. Upon request of the self-
represented party the attorney shall file the notice of appeal.
VII. Reimbursement of Costs and Expense
Appointed counsel must seek from the client (the former pro se litigant)
reimbursement for the costs in litigating the action according to Washington
Rule of Professional Conduct 1.8(e)(1). Counsel may advance costs as long as
the client is responsible for reimbursement. Counsel may also apply, ex parte,
for reasonable and necessary costs from the Court’s Non-Appropriated Library
Fund (“Fund”). See Section VII(A), infra.
A. Costs and Expenses Eligible for Fund Reimbursement
If counsel intends to request reasonable and necessary costs from the Fund, as
soon as practicable after appointment, counsel shall submit an ex parte
projected budget for the entire case. There is a presumption that the entire
budget be $4,500 or less. The Court must approve the projected budget prior
to counsel incurring any costs for which reimbursement will be sought. The
Court may consider the availability of funds and seek input from the Fund
Committee prior to approving the budget. Upon the Court’s approval of the
budget, the following categories of costs and expenses are eligible for
reimbursement from the Fund:
1) Commercial (not in-house) copying costs, including copying of
electronically-stored information;
2) Deposition fees and costs of transcripts (an original and one
copy) that will be introduced as evidence in motion practice or at
trial;
3) Expert witness fees vital to the case (where a pro bono expert
cannot otherwise be retained);
4) Costs of attorney travel not to exceed the US General Services
Administration rates, see http://www.gsa.gov, for mileage,
lodging, and per diem;
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5) Interpreter and translator services; and
6) Witness fees, including service of subpoenas, statutory witness
fees, mileage, and lodging.
Counsel may amend their budgets by ex parte motion to request additional
funds, including funds exceeding the presumptive $4,500.00 budget. The
$4,500.00 presumptive budget will only be exceeded upon a showing of good
cause.
After a budget is approved and expenses are actually incurred, counsel may
request reimbursement by ex parte motion made either at the conclusion of
the case or on an interim basis, if necessary. All requests for reimbursement
must be submitted no later than 30 days following the entry of final judgment
in the case.
B. Costs and Expenses Not Eligible for Fund Reimbursement
The following costs and expenses are not eligible for reimbursement from the
Fund:
1) Costs and expenses that have not received prior approval from the
presiding judge;
2) Attorney’s fees, paralegal fees, general overhead and related
expenses, including rent, telephone, office photocopying,
secretarial assistance, and any other personnel costs;
3) Computer-assisted legal research;
4) Postage and costs for service of papers not otherwise allowed
above;
5) Travel, lodging, and per diem of the client;
6) Any personal expense of the client, including fines, taxes, clothing,
food, housing, etc.; and
7) Attorney’s fees, costs, and expenses imposed against the client (the
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former pro se litigant) or pro bono counsel pursuant to any rule,
statute, contract or court order.
VIII. Recovery of Reimbursed Expenses
The Court expects a prevailing client to seek attorney fees (which will be used
to compensate pro bono counsel), costs, and expenses allowed by law from
the opposing party. In any event, pursuant to the Rules of Professional
Responsibility, the client is ultimately responsible for costs. In the event of
settlement or other resolution resulting in a monetary award or transfer to the
indigent litigant, reimbursement of costs and expenses shall occur as follows:
First, the Fund shall be reimbursed for the costs and expenses advanced in the
litigation. Second, appointed pro bono counsel shall be reimbursed for any
costs and expenses advanced.
Reimbursement to the Fund is not contingent upon the Court’s award of
taxable costs, untaxable costs or expenses in the case; rather, such
reimbursement is required for any monetary award or transfer in favor of the
indigent litigant. Counsel shall ensure that such reimbursement occurs prior
to any disbursement of judgment or settlement funds to the client or any other
person.
IX. Fee Agreements
A. As a general rule, the attorney shall represent the unrepresented party
without remuneration.
B. Representation provided may be conditioned on the client’s entering
into a written fee agreement assigning to the attorney any amounts
recovered by the client as attorney’s fees pursuant to law(s) authorizing
such an award.
C. Subject to any legal and ethical obligations, counsel’s representation
may be conditioned on the client’s entering into a contingent fee
arrangement providing for the payment of a reasonable fee and
litigation expenses out of any funds recovered by the client as a result
of the representation, provided that:
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1. The contingent fee agreement is entered into at the outset of
the representation.
2. The contingent fee agreement states that the amount of any
payment received by the attorney pursuant to an assignment
agreement shall be credited against the client’s fee obligations;
and,
3. The contingent fee shall be calculated based on the amount
recovered after the payment of any taxable costs and litigation
expenses.
If counsel and the client enter into a contingency fee agreement,
counsel must notify the court by filing, ex parte, a Notice of Fee
Agreement within 28 days after the fee agreement is executed.
D. Fee agreements that include attorney compensation are not permitted
in instances of limited appointments.
X. In-Court Hearing
If requested by any pro bono counsel appointed under this Plan, the Court will
guarantee an in-court hearing on any dispositive motion.
XI. Waiver of PACER fees
Upon request, the Clerk’s Office may provide paper or electronic copies of
court filings that relate to the case or appointment of counsel, without cost, to
the appointed attorney. The appointed attorney may also move the Court for
exemption from PACER fees related to the pro bono appointment. Upon
approval, the Court will provide a copy of the Order to the PACER Service
Center. Any documents, docket reports, or other data obtained by the
appointed attorney are not to be sold for profit, transferred, or otherwise
provided to third parties.
XII. Rules and Policies
The United States District Court for the Eastern District of Washington may
adopt rules and policies in accordance with this Plan and reserves the right to
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amend this Plan and accompanying rules and policies as the Court deems
appropriate.
XIII. Effective Date
This Plan will become effective on the 21st of November, 2025.
ENTERED FOR THE COURT ON November 21, 2025.
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