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UNITED STATES DISTRICT COURT
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WESTERN DISTRICT OF WASHINGTON
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11 IN RE: AMENDED PLAN FOR THE GENERAL ORDER 07-23
REPRESENTATION OF PRO SE
12 LITIGANTS IN CIVIL RIGHTS
ACTIONS
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16 Effective January 1, 2024, the Court adopts the Amended Plan of the United States
17 District Court for the Western District of Washington for the Representation of Pro Se Litigants
18 in Civil Rights Actions, as reflected by the attachment to this order.
19 IT IS SO ORDERED.
20 Dated this 8th day of September, 2023.
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22 A
David G. Estudillo
23 Chief United States District Judge
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GENERAL ORDER 07-23 - 1
THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF WASHINGTON’S PLAN
FOR PRO SE LITIGANT REPRESENTATION IN
CIVIL RIGHTS ACTIONS
(AS AMENDED, EFFECTIVE JANUARY 1, 2024)
The United States District Court for the Western District of Washington adopts the following
amended plan (“Plan”) for representing pro se litigants in civil rights actions where the Court
orders such representation. See 42 U.S.C. § 2000e, et seq. and 28 U.S.C. § 1915. This Plan shall
govern the appointment of attorneys from the Western District Pro Bono Panel (“Panel”) to
represent pro se litigants.
For c i v i l actions commenced in the Western District by a pro se litigant, the Judge may issue
an order of appointment and other orders relating to representation by the appointed attorney in
accordance with this Plan. For all purposes, the term “Judge” shall include Magistrate Judge.
The Pro Bono Committee of the Western District of Washington shall work in conjunction with
the Court and the Pro Bono Coordinator to administer this Plan. For all purposes, the term Pro
Bono Coordinator also includes any Court designee made by the Clerk of the District Court to
support the Pro Bono Program should the Coordinator be unavailable.
Preamble
Pursuant to Washington State’s Rule of Professional Conduct (RPC) 6.1, attorneys have
a professional responsibility to provide legal services to low-income people and are encouraged
to volunteer at least 30 hours annually. An attorney who fulfills this commitment by volunteering
through the Western District of Washington’s Pro Bono Program must handle their case with
the same care and competence as any billable matter. Volunteer attorneys must have the
appropriate legal knowledge, skill, thoroughness, and preparation reasonably necessary to offer
representation, or seek the necessary co-counsel or mentorship to do so.
To ensure compliance with RPC 1.1’s duty of competence, attorneys should complete
substantive and cultural competency trainings. Volunteer attorneys should also consider
obtaining a case mentor, supervisor, partnering attorney, or team to best serve their pro bono
client. Under RPC 1.3 and RPC 1.4, attorneys must communicate with their pro bono clients
regularly and actively work on their cases. The Western District of Washington Court cannot
offer attorneys legal advice regarding how to manage pro bono cases. Volunteer attorneys should
thus research and review all pertinent rules and contact the Pro Bono Committee with any
questions or challenges as they arise.
Pro bono service is greatly valued considering the tremendous need for legal services.
We hope your pro bono role will offer you a unique opportunity to gain experience in civil
litigation in federal court while providing a crucial community service.
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Section 1. Pro Bono Panel
(a) Individual Application. Attorneys who are willing to accept appointment to
represent pro se litigants in civil rights actions must apply for designation to the Pro Bono Panel
on the appropriate forms, which are available on the Court’s website
(www.wawd.uscourts.gov/attorneys/pro-bono-panel) and from the Pro Bono Coordinator. Each
application shall set forth, among other things: (i) the attorney’s prior civil trial experience,
including the number and type of trials and areas of trial experience; (ii) the attorney’s ability to
consult and advise in languages other than English; (iii) the attorney’s preferred practice area(s),
if any, for appointment; (iv) the attorney’s interest in serving as a mentor or as co-counsel on cases,
or the attorney’s interest in having mentorship or co-counsel if they take a case; (v) common conflicts
of interest (positional, technical, or direct); and (vi) a statement describing any other experience
that would qualify the attorney for appointment to the Pro Bono Panel. Applicants shall also
confirm their commitment to work on at least one case assigned through the Panel each year.
(b) Law Firm Application. A law firm may apply as a firm for designation to the Pro
Bono Panel by submitting an application, which is available on the Court’s website
(www.wawd.uscourts.gov/attorneys/pro-bono-panel). In its application, the law firm must
indicate the following: (i) the ability of participating firm attorneys to consult and advise in
languages other than English; (ii) the firm’s preferred practice areas(s), if any, for appointment;
(iii) the minimum number of cases the firm can take per year; (iv) common conflicts of interest
(positional, technical, or direct); and (v) the name of the firm’s designated Panel Liaison, who
must be an eligible individual under Section (d).
(c) Amending/Withdrawing Information. Information on an application may be
amended in writing at any time by email or letter to the Pro Bono Coordinator or Chair(s) of
the Pro Bono Committee. Panel members must notify the Pro Bono Coordinator if their
contact information changes at any time. An attorney or firm may withdraw from the Panel at
any time by written notice to the Pro Bono Coordinator except during appointment to an
active case.
(d) Eligibility and Seeking Co-Counsel or a Mentor. An attorney must be admitted
to practice in the United States District Court for the Western District of Washington to be
eligible for designation as a member of the Pro Bono Panel. Attorneys admitted to the Panel
may seek a mentor or co-counsel from the Panel by contacting the Pro Bono Coordinator or
Pro Bono Committee Chair(s).
(e) Pro Bono Mentorship Program. The purpose of the mentorship component of
the Court’s Pro Bono Program is to assist attorneys and law firms appointed to cases outside
of their normal area(s) of practice or with limited experience in federal court by pairing them
with a mentor with subject matter experience or with tasks such as: complying with federal
court procedures; working with people who are incarcerated; and/or drafting documents.
Appointed attorneys may ask the Pro Bono Coordinator to assist in finding a mentor attorney
at which time the Pro Bono Committee Chair(s) will attempt to locate a mentor. 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 unless the mentor attorney agrees to do so. The goal of
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the mentorship component is to increase the number of acceptances of pro bono appointments
while simultaneously offering a unique and invaluable learning opportunity for the appointed
attorney or law firm.
Section 2. Civil Rights Case Screening Committee for Non-Incarcerated Litigant Cases
(a) Composition of the Screening Committee. The Civil Rights Case Screening
Committee for Non-Incarcerated Litigant Cases shall be composed of no less than six members of the
bar of this Court. The Screening Committee may be larger, however, as determined by need from
time to time by the Court and/or the Pro Bono Committee Chair(s). An attorney who serves on
the Screening Committee shall not simultaneously serve as a Panel member. Members of the
Screening Committee may resign by sending written notice to the Pro Bono Committee
Chair(s). The Court or the Pro Bono Committee may also remove members from the Screening
Committee at will.
(b) Selection of Screening Committee Members. Screening Committee members
shall have experience in civil rights actions. The Chief Judge and the Pro Bono Committee may
consult with bar associations, not-for-profit legal aid organizations, or other groups to obtain
the names of prospective Screening Committee members. The Pro Bono Committee shall
contact such prospective members, interview them, and determine whether to offer them a spot
on the Committee.
(c) Referral to the Screening Committee or Pro Bono Panel. Upon receiving a
motion for appointment of counsel from a pro se litigant in a civil rights action not involving
an incarcerated person, the Judge may order the Pro Bono Coordinator to forward the motion,
copies of the pleadings and documents filed to date, and other relevant documents to the
Screening Committee for further review to determine if pro bono counsel is warranted. If the
case has an associated Equal Employment Opportunity Commission and/or Washington State
Human Rights Commission file, but the pro se litigant has not yet provided it to the Court, the
Pro Bono Committee Chair(s) shall request the file from the pro se litigant or work with the
pro se litigant to provide it to the Screening Committee.
(d) Screening Committee Review. Upon receipt of a referral from the Pro Bono
Coordinator, the Screening Committee shall, within 14 days or another agreed deadline, review
the motion, pleadings, and other relevant documents, including any information based upon
pertinent fact gathering as part of the recommendation submitted to the Judge. Based upon its
review of the case and the factors set forth in subsection (e) below, the Screening Committee
shall determine whether counsel should be appointed to represent the pro se litigant. The Judge
may extend the Screening Committee review period as needed.
(e) Factors to Determine Whether to Appoint Counsel. Factors the Screening
Committee shall consider in making its determination are:
(i) the inability of the pro se litigant to retain counsel by other means;
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(ii) the potential merit or lack of validity of any of the claims as set forth in
the pleadings;
(iii) the nature and complexity of the action, both factual and legal,
including the need for factual investigation;
(iv) the presence of conflicting testimony calling for a lawyer’s
presentation of evidence and cross-examination;
(v) the capability of the pro se litigant to present the case;
(vi) the degree to which the interests of justice will be served by appointment
of counsel, including the benefit the Court may derive from the assistance
of appointed counsel, including, for example, maintaining contact with
the pro se litigant, ensuring efficient proceedings, and vetting and
restating the pro se litigant’s claims if needed;
(vii) the degree to which an early ADR procedure under CR 39.1 may bring
about an early, inexpensive, and consensual resolution of the litigation or
part of it by:
(A) facilitating or improving communications between the parties;
(B) providing the parties an opportunity to be heard regarding
their respective grievances, positions, concerns, goals, and interests;
(C) promoting the parties’ understanding of the strengths and weaknesses
of their respective cases;
(D) limiting, narrowing, or simplifying the issues in dispute;
(E) restoring or preserving personal or business relations;
(F) otherwise creating an atmosphere conducive to settlement;
(G) achieving settlement on terms not available through litigation;
(H) achieving settlement of some or all issues as between some or all
parties; and
(viii) any other factors deemed appropriate by the Screening Committee.
(f) Report to the Court. The Screening Committee’s recommendation shall be
forwarded within 14 days or within an agreed deadline to the Judge. If the Screening Committee
determines that counsel should be appointed, the Committee shall specify the scope of
representation it believes is warranted. This could include, but is not limited to, limited
representation only for the purpose of investigating the merits of the pro se litigant’s claims;
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representation for the entire case to proceed to litigation; limited representation for the sole
purpose of conducting an early ADR procedure under CR 39.1 (described more fully in Section
4(b)); or representation in both litigation and early ADR procedures of all or some of the claims.
The Screening Committee may also offer recommendations for conditions or limits on the scope
of pro bono representation for each case in their discretion.
Section 3. Appointment Procedure in Civil Rights Cases
(a) Resources for Pro Se Litigants. The Pro Bono Coordinator shall make available to
all pro se litigants in a civil rights action information and a template motion for the appointment
of counsel on the Court’s public website via the “Representing Yourself” tab. The website shall
notify the pro se litigant of: (i) the right to seek pro bono counsel for civil rights cases; (ii) the
right to seek pro bono mediation; (iii) any relevant court-related legal clinics; (iv) the Federal
Rules of Civil Procedure; (v) the Western District of Washington Local Rules; and (vi) any
templates or forms for pro se litigants.
(b) Motion and Declaration of Pro Se Litigant. Any motion for the appointment of
counsel by a party appearing pro se in a civil rights action shall include a declaration stating the
party’s efforts to obtain counsel by means other than appointment, including having connected
with at least two other attorneys without securing representation, and identifying any prior pro
bono appointments of counsel to represent the party in cases brought in this Court, including both
pending and previously terminated actions. The declaration should further state whether the pro
se litigant has already pursued another action, such as a wage claim or agency claim, before
proceeding with their federal action. A completed copy of a declaration stating the movant cannot
afford to hire an attorney shall be attached to the motion.
The decision to apply for appointment of counsel rests primarily with the pro se litigant.
Failure of a party to make written motion for appointed counsel, however, shall not preclude
appointment if the Judge determines that appointment of counsel is warranted.
(c) Change of Circumstances. A pro se litigant in a civil rights action ineligible
for appointed counsel at the outset of the litigation, who later becomes eligible by reason of
changed circumstances, may apply for appointment of counsel using the procedures specified
in section (b) above. Likewise, if an applicant is found to be ineligible after counsel has been
appointed, the pro se litigant may be asked to retain the services of counsel through the
litigant’s own resources.
(d) Order of Appointment and Notices to the Parties. When the Judge concludes
that the appointment of counsel is warranted, the Judge shall direct the Pro Bono Coordinator to
identify an attorney(s) or law firm from the Pro Bono Panel for appointment. The Judge may
direct appointment of an especially qualified attorney not on the Panel if the attorney consents.
The Pro Bono Coordinator or Pro Bono Committee Chair(s) shall identify a qualified Panel
attorney and advise them they have been selected for appointment. This informal notice shall
state the Panel member has seven days to decline the appointment for a conflict of interest or
good cause only. If the appointment is declined by the Panel attorney, the Judge shall review
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the attorney’s decision, decide whether good cause to decline appointment exists, and may order
additional attempts at appointment or provide other appointment instructions. If the Judge
determines no good cause exists, and the Panel attorney still declines the appointment, the Panel
attorney may be asked to resign from the Panel, but in no event shall the Panel attorney be
ordered to accept the representation against their will. Panel attorneys who decline appointments
(other than for a conflict of interest) three times in a row may be asked to resign from the Panel.
If no response declining the selection for appointment is received from the Panel attorney, the
Pro Bono Coordinator will provide the name of the appointed attorney to the Judge. The Judge
has discretion to contact the attorney directly, or may enter an order directing appointment
of the attorney selected by the Pro Bono Coordinator to represent the pro se litigant into CM/ECF
and ensure all parties to the action are informed of the appointment, including the name, address,
telephone number, and email address of the appointee. This Order will add the appointed attorney
or law firm panel liaison to the docket as counsel of record, allowing the appointed attorney to
access case documents electronically and receive Notices of Electronic Filing (NEFs) for docket
entries. Within a seven-day-period, the appointed attorney must make their Notice of
Appearance or file a Motion to Withdraw per Section 9(a) of the Plan. If one of these actions
is not made within 7 days of appointment, an Order to Show Cause will be issued.
The Court expects representation to be accepted if a conflict of interest or good cause does not
exist and the pro se litigant has a factual and legal basis to prevail on any claim or defense.
(e) Record of Attorney Appointments. The Pro Bono Coordinator shall maintain a
record of all appointments.
S e c t i o n 4. Procedures Following Appointment for Limited Representation
(a) When counsel is appointed to provide limited representation for any limited purpose,
the order of appointment shall include a finding to the effect that, under the circumstances of the
case and in the judgment of the Screening Committee and/or the Court, limited representation is
reasonable and appears reasonably calculated to serve the interests of the parties and further the
administration of justice. The order for a limited representation appointment shall be entitled
“Order of Appointment and Interim Notice of Appearance” and shall include a statement that,
pursuant to Rules 4.2(b) and 4.3(b) of Washington’s Rules of Professional Conduct, counsel for
the other parties are to communicate only with the appointed attorney, and not with the pro se
litigant, as to the subject matter of the appointment.
(b) Procedures Following Appointment for Limited Representation for the Purpose of
Conducting Early ADR Under CR 39.1
(i) Upon issuance of the Court’s Order of Appointment and Interim Notice of
Appearance under subsection (a), the provisions of CR 16(a) requiring a
scheduling conference and a joint status report and the provisions of CR
16(b) requiring the entry of a scheduling order shall be suspended, unless
otherwise ordered by the Court.
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(ii) If the p a r t i e s a r e u n a b l e t o a g r e e o n t h e f o r m o f A D R to utilize,
the Court shall resolve the dispute by ordering the parties to proceed in the
manner the Court considers most likely to encourage and promote an early,
inexpensive, and consensual resolution of some or all issues as between some
or all parties.
(iii) Unless otherwise ordered by the Court, the ADR procedure agreed by the
parties or ordered by the Court shall be completed not later than 70 days
following issuance of the Court’s Order of Appointment and Interim Notice of
Appearance under subsection (a).
(iv) Upon completion of the ADR procedure, the appointed counsel shall
provide the Judge, the Pro Bono Coordinator and the parties with a report
stating: (i) when the ADR procedure occurred, and (ii) whether the case
settled as to some or all issues as between some or all parties; provided,
however, that if the ADR procedure was a mediation, the mediator’s report
required by CR 39.1(c)(6) will serve in lieu of the report required by this
section.
(v) It shall be the responsibility of the appointed attorney to present the Court with
a proposed order finding that such representation has been completed and
terminating the representation.
Section 5. Responsibilities of the Appointed Attorney
(a) Initial Communication. Upon receiving a notice of appointment and entering an
appearance in the action, the appointed attorney shall promptly communicate with the newly
represented litigant concerning the action. The appointed attorney should discuss fully the merits
of the dispute with the litigant and should explore with the litigant the possibilities or
requirement of resolving the dispute in other forums, including but not limited to in mediation
or in an administrative forum, such as the National Labor Relations Board or an immigration
court.
(b) Scheduling Order Extension. Within ten (10) days of receiving a notice of
appointment and entering an appearance in the action, the appointed attorney may request an
extension of the scheduling order upon written application to the Court with service on all
parties. The Court will consider this request but is not required to grant it.
(c) Duration of Representation. If the litigant desires to pursue the action after
consultation with the appointed attorney, the appointed attorney shall proceed to represent the
litigant in the action, unless or until the attorney-client relationship is terminated as provided by
Section 9. An appointed attorney shall represent the litigant in the action from the date the
appearance is entered until a final judgment or appealable interlocutory order is entered in the
action.
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(d) Representation on Appeal. If the litigant desires to take an appeal from a final
judgment or appealable interlocutory order, if such judgment or order is appealed by another
litigant, or if the matter is remanded to an administrative forum, the appointed attorney is
encouraged, but not required, to represent the litigant in the appeal and in any proceeding, judicial
or administrative, that may ensue upon an order of remand.
(e) Nonrepresentation on Appeal. Where the appointed attorney elects not to represent
the litigant on appeal or in a proceeding on remand, the attorney shall advise the litigant of all
required steps to be taken in perfection of the appeal or in appearing in the proceeding on remand.
Such advice shall include resources available to appointed counsel including referrals to an
appropriate alternative counsel, and/or pamphlets, presentations, or example forms or pleadings
counsel is able to share.
Section 6. Expenses
(a) The appointed attorney or firm shall seek reimbursement from the pro se litigant for
the costs incurred in litigating the action to the extent the pro se litigant is able to bear such costs.
If the pro se litigant is unable to do so, the appointed attorney or firm may apply for
reimbursement of expenses from the Western District of Washington’s Bench Bar Fund as
specified below. If reimbursement is not available from the pro se litigant or the Bench Bar
Fund, the appointed attorney or the firm with which the attorney is affiliated may be required to
bear the costs of the litigation (e.g. discovery expenses, subpoena fees, or transcript expenses).
(b) If the pro se litigant is unable to bear the costs of the litigation, the appointed attorney
may contact the Pro Bono Coordinator to apply for reimbursement of expenses, per subsection
(iv)(B) below, from the Bench Bar Fund to defray costs, as follows:
(i) LIMITATIONS ON EXPENSE AMOUNTS.
(A) Pre-trial Expenses. Pre-trial expenses are expenses and costs incurred
through the dispositive motion deadline set by the court in the case
schedule. The Judge is authorized to approve prepayments or
reimbursements totaling up to $4,500 for pre-trial expenses.
Prepayments or requests for reimbursements exceeding this amount
must obtain permission from the Judge before the expenses or costs
are incurred.
(B) Trial Related Expenses. For expenses and costs incurred after the
dispositive motion deadline through the end of trial to judgment in the
case, the Judge is authorized to approve prepayments or
reimbursements totaling an additional amount up to $4,500. Counsel
requesting prepayments or requests for reimbursements exceeding this
amount must obtain permission from the Judge before the expenses or
costs are incurred.
(ii) EXPENSES AND COSTS NOT COVERED.
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(A) Overhead. General office expenses are not reimbursable from the
Bench Bar Fund. These include personnel costs, rent, telephone
services, subscription costs including internet or other research tools,
secretarial help, word processing, office photocopying equipment, and
any general expense that would not normally be reflected in the fee
charged to a client.
(B) Costs Awarded Against a Party. Under no circumstances shall
any payments be authorized from the Bench Bar Fund to pay for
costs or fees taxed as part of a judgment obtained by an
adverse party against a party for whom counsel was appointed
pursuant to the rules of this Court.
(C) Personal Costs. The costs of items or services of a personal nature
purchased for or on behalf of the person represented are not
reimbursable. These include purchasing new clothing or having
clothing cleaned, getting a haircut, furnishing personal sundries, and
providing services of a personal nature that cannot be considered legal
representation.
(iii) EXPENSES AND COSTS COVERED.
(A) CJA Limits Apply in the Absence of a Specific Limit. Except as
specified in these regulations, the amounts and types of expenses covered
shall be governed by the guidelines for administering the Criminal Justice
Act (CJA) [18 U.S.C. §3006A]. Guidelines for the administration of the
CJA are found in Volume VII of the Guide to Judiciary Policies and
Procedures at Section A, Chapter 2 [Appointment and Payment of
Counsel] and Chapter 3 [Authorization and Payment for Investigative,
Expert or Other Services].
(B) Deposition and Transcript Costs. Costs of depositions shall be reasonable.
Costs of transcripts shall not exceed the Ordinary Transcript rate
established by the Judicial Conference of the United States in effect at the
time the transcript was prepared (see
http://www.wawd.uscourts.gov/transcr-orders-
a n d - f e e - r a t e s ). Only the cost of the original of any transcript or
deposition taken together with the cost of one copy each shall be allowed.
Variations on the transcript rate (such as expedited or real-time transcripts)
or the number of copies of depositions or transcripts will be subject to
reimbursement only upon specific prior approval of the Court.
(C) Costs of Investigative, Expert, Computer-Assisted Research, or Other
Services. Appointed counsel may obtain investigative, expert paralegal,
computer-assisted legal research, or other services necessary for the
adequate preparation of the case. Without prior authorization from the
Court, the compensation paid to a person for such services may not exceed
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$1,000. Should additional amounts be needed, counsel may request them
in an ex parte application to the Court. Such a request may be filed under
seal if counsel determines that sealing is necessary to protect confidential
litigation strategy. A reimbursement request form may also be requested
from the Pro Bono Coordinator.
(D) Travel Expenses. Travel by privately owned automobile may be claimed
at the rate currently prescribed for federal judiciary employees who use a
private automobile to conduct official business, plus parking fees, tolls,
and similar expenses. Transportation other than by privately owned
automobile may be claimed on an actual expense basis. Per Diem in lieu
of subsistence is not allowable; only actual expenses may be reimbursed.
Actual expenses reasonably incurred shall be guided by the prevailing
limitations placed upon travel and subsistence expenses of federal
judiciary employees in accordance with existing government travel
regulations.
(E) Service of Papers; Witness Fees. Those fees for service of papers and the
appearances of witnesses that are not otherwise avoided, waived, or
recoverable may be reimbursed from the Bench Bar Fund.
(F) Interpreter Services. Costs of interpreter services not otherwise avoided,
waived, or recoverable may be reimbursed from the Bench Bar Fund.
(G) Photocopies, Photographs, Telephone Calls. Actual out-of-pocket
expenses incurred for items such as outside photocopying services,
photographs, and telephone calls necessary for the preparation of a case
may be prepaid or reimbursed from the Bench Bar Fund.
(H) Postage. Reimbursement may be made for the actual cost of case-related
U.S. postage. There will be no reimbursement for expedited delivery costs.
(I) Other Expenses. Expenses other than those described above may be
approved by the Judge. No single expense under this section exceeding
$150 shall be reimbursed unless approval was obtained from the Judge
prior to the expenditure. When requesting reimbursement for any expense
under this section, a detailed description of the expense should be
attached to the request for reimbursement filed with the Judge.
(iv) PROCEDURES FOR OBTAINING PREPAYMENTS OR
REIMBURSEMENTS.
(A) Request for Authority to Incur Expense. For those expenses requiring
advance authorization, the request for authority to incur the expense shall
be made by ex parte motion filed with the Judge or through a
reimbursement request form maintained by the Pro Bono Coordinator.
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The ex parte motion shall set forth briefly the reason for the request and
the estimated amount of the expense.
(B) Request for Prepayment or Reimbursement of Expenses. Any request for
the prepayment or reimbursement of expenses shall be on the
reimbursement voucher approved by the District Court and available on
request from the Pro Bono Coordinator. The request shall be accompanied
by sufficient documentation to permit the Court to determine that the
request is appropriate and reasonable and, where the request is for
reimbursement, that the amounts have actually been paid out. The request
shall be submitted with the Pro Bono Coordinator, who shall review the
voucher to verify that it complies with these regulations, and then forward
it to the Judge. Upon approval by the Judge, the Pro Bono Coordinator
shall promptly pay the voucher to the extent that sufficient funds are
available. Requests may be made at any time during the pendency of the
proceedings and up to thirty days following the entry of judgment in the
proceedings. The Judge may, for good cause shown, extend the time for
filing a request.
(C) Requests for Reimbursement by Attorney No Longer Representing a
Party. Where an attorney appointed under this Court’s Pro Bono Panel Plan
is permitted to withdraw from representing the party in a proceeding and
the attorney has incurred expenses which may be reimbursable under
these regulations, they shall submit a request for reimbursement within
90 days of the date of the entry of the order allowing the withdrawal.
Except for good cause shown, the Court will not allow reimbursement of
expenses where the request was submitted more than 90 days after the
entry of the order of withdrawal.
(D) Requests May Be Made Ex Parte. Any request made under these
regulations may be made ex parte.
(E) Action by Judge and/or Chief Judge. The Judge on the case or the Chief
Judge may refuse to permit prepayment or disallow reimbursement of
any expense based upon the absence of documentation that such expense
is appropriate or reasonable or, where reimbursement is requested, was
actually incurred.
Section 7. Compensation for Services
(a) Upon appropriate application by the appointed attorney, the Judge may grant
attorney’s fees to the appointed attorney for services rendered in the action, as authorized by
applicable statute, regulation, rules, or other provisions of law, and as the Judge deems just and
proper. In deciding whether to award attorney’s fees, the Judge shall consider the relevant
statutes and prevailing legal standards.
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(b) If, after appointment, the appointed attorney discovers the party can pay for legal
services, the attorney shall bring this information to the attention of the Judge. The Judge may
thereupon: (i) approve a fee arrangement between the party and the attorney; or (ii) relieve the
attorney from the responsibilities of the order of appointment and permit the party to retain
another attorney or to proceed pro se.
Section 8. Educational Panels and Pilot Projects
(a) Educational committees of attorneys and others experienced in the preparation and
trial of civil rights actions involving pro se litigants may be created to assist Panel members.
(i) The committees are authorized to conduct educational programs for
attorneys on the Pro Bono Panel to train and assist said attorneys in the
preparation and trial of civil rights actions involving pro se litigants and
in ADR procedures available under CR 39.1.
(ii) The Pro Bono Coordinator is authorized to maintain a list of attorneys
experienced in the preparation and trial of civil rights actions involving
pro se litigants, whether or not such attorneys serve on an educational
panel. Such attorneys may be consulted by attorneys on the Pro Bono
Panel as necessary and appropriate.
(iii) Each attorney appointed to a civil rights pro se litigant case may request
a copy of materials prepared for training purposes.
(b) Pilot projects may be developed that augment and enhance the Plan for the purpose of
assisting pro se litigants. If approved by the Court, the Plan may be amended to incorporate any
successful pilot project.
Section 9. Relief from Appointment
(a) Withdrawal Procedures. An appointed attorney may move to withdraw as counsel
pursuant to LCR 83.2(b). In a motion to withdraw as counsel, an appointed attorney may indicate
whether any of the following factors are present: (i) a conflict of interest precludes the attorney
from accepting the responsibilities of representing the party in the action; (ii) a personal
incompatibility exists between the attorney and the party; (iii) a substantial disagreement exists
between the attorney and the party on litigation strategy; (iv) the party’s claims are not warranted
under existing law and cannot be supported by good faith argument for extension, modification,
or reversal of existing law, or (v) any other good cause exists for the withdrawal.
(b) Discharge. A represented litigant shall be permitted to ask the Court to discharge the
attorney from the representation for any reason. Such a request must be made within twenty (20)
days after the litigant’s initial consultation with the appointed attorney or within such additional
period permitted by the Court. Once the request has been made, the Court shall issue an order
discharging the appointed attorney from further representation of the litigant in the action.
Litigants shall support their request for discharge by good cause if they intend to request a new
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appointment of counsel. Good cause may include, but is not limited to: (i) a conflict of interest
that the litigant has discovered or that the attorney has reported to the litigant that precludes the
attorney from accepting the responsibilities of representing the litigant in the action; (ii) a
personal incompatibility exists between the attorney and the litigant; or (iii) a substantial
disagreement exists between the attorney and the litigant regarding the litigation strategy.
(c) Appointment of New Counsel. If a motion for relief from an order of appointment or
discharge is granted, the Court may issue an order directing appointment of another attorney to
represent the litigant. Such appointment shall be made in accordance with the provisions of
Section 3 of the Pro Bono Plan.
The Court shall have the discretion not to issue a further order of appointment or to refer
the case back to the Screening Committee, in which case the litigant shall be permitted to pursue
the action pro se. In actions where (i) the litigant’s request for discharge was not supported by
good cause, or (ii) the litigant seeks discharge of a second appointed attorney, no additional
appointments shall be made absent extenuating circumstances.
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