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UNITED STATES DISTRICT COURT
7 WESTERN DISTRICT OF WASHINGTON
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In Re:
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10 AMENDED PLAN FOR THE GENERAL ORDER NO. 16-20
REPRESENTATION OF PRO SE
11 LITIGANTS IN CIVIL RIGHTS
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ACTIONS
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Effective January 1, 2021, the Court adopts the Amended Plan of the United States
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District Court for the Western District of Washington for the Representation of Pro Se Litigants
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in Civil Rights Actions, as reflected by the attachment to this order.
17 Dated this 8th day of December, 2020.
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RICARDO S. MARTINEZ
21 CHIEF UNITED STATES DISTRICT JUDGE
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PLAN OF THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
FOR THE REPRESENTATION OF PRO SE LITIGANTS
IN CIVIL RIGHTS ACTIONS
(AS AMENDED, EFFECTIVE JANUARY 1, 2021)
The United States District Court for the Western District of Washington adopts the following
amended plan ("Plan") for furnishing representation to pro se litigants in civil rights actions
where the Court exercises its discretion to provide such representation. See 42 U.S.C. § 2000e, et
seq. and 28 U.S.C. § 1915. This Plan shall govern (i) the appointment of attorneys from the
Western District Pro Bono Panel ("Panel") to represent pro se litigants in civil rights actions, and
(ii) the appointment of attorneys from the CR 39.1 register of neutrals to serve as neutrals in
cases where counsel has been appointed to provide limited representation for the limited purpose
of conducting an early alternative dispute resolution (ADR) procedure under CR 39.1. For each
civil action duly commenced in the Western District by such a litigant, the Judge to whom the
action is assigned may issue an order of appointment and other orders relating to representation
by the appointed attorney in accordance with this Plan and the accompanying Rules. For all
purposes, the term Judge shall include Magistrate Judge. The Federal Bar Association of the
Western District of Washington shall work in conjunction with the Court and the Clerk of the
Court, who may act through a designated Pro Bono Coordinator, to administer this Plan.
Section 1. Pro Bono Panel
(a) Individual Application. Attorneys who are willing to accept appointment to
represent pro se litigants in civil rights actions may 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 Clerk of Court. 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; and (iv) a statement describing any other experience that would qualify
the attorney for appointment to the Pro Bono Panel.
(b) Law Firm Application. A law firm may apply as a firm for designation to the Pro
Bono Panel by completing the appropriate form, which is available on the Court’s website
(www.wawd.uscourts.gov/attorneys/pro-bono-panel). In its application, the law firm shall set
forth, among other things: (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;
and (iii) the name of the firm’s designated Panel Liaison.
(c) Amending/Withdrawing Information. Information on an application may be
amended in writing at any time by letter to the Clerk of the Court. An attorney or firm may
withdraw from the Panel at any time by written notice to the Clerk of the Court except during
appointment to an active case.
(d) Eligibility. 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 who lack experience in federal court should
seek a mentor from the Panel by contacting the Pro Bono Coordinator.
Section 2. Non-prisoner Civil Rights Case Screening Committee
(a) Composition of the Screening Committee. The Non-prisoner Civil Rights Case
Screening Committee 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 Federal Bar Association. 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 and Screening Committees of
the Federal Bar Association. 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 non-prisoner civil rights actions. The Chief Judge and the Federal Bar
Association may consult with bar associations, not-for-profit legal aid organizations, or other
groups to obtain the names of prospective Screening Committee members.
Section 3. Appointment Procedure in Non-prisoner Civil Rights Cases
(a) Application and Affidavit of Pro Se Party. Whenever a pro se litigant in a
non-prisoner civil rights action files an appearance or first pleading, the Clerk of this Court shall
make available to the party an information sheet and an application for the appointment of
counsel.
The information sheet shall notify the pro se party of: (i) the possibility in any non-
prisoner civil rights case of obtaining appointed counsel to provide representation for the entire
case; (ii) the possibility in any employment non-prisoner civil rights case of obtaining appointed
counsel to provide limited representation (pursuant to Rule 1.2(c) of the Washington Rules of
Professional Conduct), for the limited purpose of conducting an early ADR procedure under CR
39.1; (iii) the possibility, where counsel has been appointed to provide limited representation for
the limited purpose of conducting an early ADR procedure under CR 39.1, of obtaining
appointment of a neutral ADR advisor; (iv) the steps needed to complete and file the application;
(v) his or her responsibility to pay expenses to the extent reasonably feasible based on his or her
financial condition; (vi) his or her responsibility to pay part or all of the attorney's fees to the
extent reasonably feasible based on his or her financial condition; and (vii) the provisions of 42
U.S.C. §§ 1988 and 2000e-5(k) for the award of attorney's fees to prevailing parties in civil
rights and Title VII employment discrimination actions.
Any application for the appointment of counsel by a party appearing pro se in a non-
prisoner civil rights action shall include an affidavit/declaration stating the party’s efforts to
obtain counsel by means other than appointment and indicating any prior pro bono appointments
of counsel to represent the party in cases brought in this Court, including both pending and
previously terminated actions. A completed copy of an affidavit or financial status shall be
attached to the application.
The decision to apply for appointment of counsel rests with the pro se party. Failure of a
party to make written application for appointed counsel, however, shall not preclude appointment
if the assigned Judge determines that appointment of counsel is warranted.
(b) Change of Circumstances. A pro se litigant in a non-prisoner 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 (a) above, within 14 days after the change in circumstances has occurred.
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.
(c) Referral to the Screening Committee. Upon receiving an application for
appointment of counsel from a pro se litigant in a non-prisoner civil rights action, and after
having made a preliminary determination based on the face of the complaint and case records
that the case is not frivolous, and regarding the applicant's financial eligibility, the Judge to
whom the case is assigned shall ask the Clerk of the Court to forward the application, copies of
the pleadings and documents filed to date, and other relevant documents to the Screening
Committee.
(d) Screening Committee Review. Upon receipt of an application from the Clerk of the
Court, the Screening Committee shall, within 14 days, review the application, pleadings, and
other relevant documents, including any information based upon pertinent fact gathering as part
of the recommendation submitted to the assigned 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 party.
(e) Factors to Determine Whether to Appoint Counsel. Factors the Screening
Committee shall take into account in making its determination are:
(i) the inability of the pro se party to retain counsel by other means;
(ii) the potential merit 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 party 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;
(vii) the degree to which it appears likely that an early ADR procedure under
CR 39.1 may bring about an early, inexpensive and consensual resolution
of the litigation 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, or
(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 that counsel
should or should not be appointed shall be forwarded within 14 days to the assigned Judge. If the
Screening Committee determines that counsel should be appointed, the Committee shall specify
the scope of representation which it believes is warranted (i.e., representation for the entire case
or limited representation for the limited purpose of conducting an early ADR procedure under
CR 39.1).
(g) Order of Appointment and Notices to the Parties. When, after receiving the
recommendation of the Screening Committee, the assigned Judge concludes that the appointment
of counsel is warranted, the Judge shall direct the Clerk of the Court to identify an attorney(s) or
law firm from the Pro Bono Panel for appointment. After the selected attorney has confirmed
that they have no conflict of interest (see subsection 3(h) below), the Judge shall issue an order
directing the appointment of the attorney selected by the Clerk of the Court to represent the pro
se party. When counsel is appointed to provide limited representation for the limited purpose of
conducting an early ADR procedure under CR 39.1, 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 the Court, limited representation is reasonable and appears reasonably
calculated to serve the interests of the parties and further the administration of justice. If the
Screening Committee has not recommended the appointment of counsel and the Judge
nonetheless believes that appointment is warranted, the Judge may ask the Clerk of the Court to
identify an attorney from the Panel to represent the pro se party. If the Court denies the pro se
party's application for appointment of counsel, the assigned Judge shall issue an order so stating.
If an appointment is made, the Clerk of the Court shall immediately send written notice
of the appointment to the selected attorney. A copy of the order of appointment shall accompany
the notice. In addition to notifying the attorney, the Clerk shall notify all of the parties to the
action of the appointment, and shall include in such notice the name, address, telephone number,
and email address of the appointee. Where counsel has been appointed to provide limited
representation for the limited purpose of conducting an early ADR procedure under CR 39.1, the
written notice provided by the Clerk shall be entitled "Notice 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 party, as to the subject matter of the
appointment. Upon receiving notice of appointment, the appointed attorney shall enter an
appearance in the action within 7 days. The complete case file shall be made available to the
attorney by the Clerk of the Court for inspection and copying.
(h) Check for Conflicts of Interest. Before the name of an attorney(s) or law firm from
the Pro Bono Panel is given to the assigned Judge for appointment, the Clerk shall forward the
names of the parties in the case to the selected attorney. The selected attorney shall promptly
notify the Clerk of the Court of the existence of a conflict of interest.
(i) Procedures Following Appointment for Limited Representation for an Early
ADR Procedure Under C.R. 39.1.
(i) Upon issuance of the Clerk's Notice of Appointment and Interim Notice of
Appearance under subsection (g), the provisions of CR 16(a) requiring a
scheduling conference and a joint status report and the provisions of CR
16(d) requiring the entry of a scheduling order shall be suspended, unless
otherwise ordered by the Court.
(ii) If a party believes that the appointment of a neutral ADR advisor would
help the parties identify and tailor an ADR procedure suited to the
circumstances of the case or otherwise assist the parties in the
development of the plan for an early ADR procedure required by
subsections (iv)-(v), a party may submit a request for appointment of an
ADR advisor to the Clerk. Upon such request, the Clerk shall appoint an
attorney designated as a Pro Se Pro Bono Plan ADR advisor from the CR
39.1 register of neutrals to serve as a neutral ADR advisor and shall send
him or her written notice of the appointment. In addition to notifying the
attorney so appointed, the Clerk shall notify all of the parties to the action
of the appointment and shall include in such notice the name, address,
telephone number, and email address of the appointee.
(iii) As soon as practicable after issuance of the Clerk's notices of appointment
under subsection (h), counsel shall confer with their respective clients to
review, discuss and consider the ADR procedures available under CR
39.1(3). Where an ADR advisor has been appointed, the ADR advisor
shall be available to consult with and advise the parties.
(iv) As soon as practicable after issuance of the Clerk's notices of appointment
under subsection (g), and in any event not later than 14 days thereafter,
appointed counsel shall meet and confer with counsel for the other parties
for the purpose of developing a plan for an early ADR procedure under
CR 39.1. Where an ADR advisor has been appointed, the ADR advisor
shall attend, unless all parties agree that attendance by the ADR advisor is
not necessary. It shall be the duty of the appointed counsel to arrange for
the conference. Counsel shall be prepared to discuss and shall attempt to
reach agreement on:
(A) The types of ADR procedures available under CR 39.1(3) that
appear most suited to the circumstances of the case;
(B) Factors that any party considers relevant to effectively tailoring an
ADR procedure to the circumstances of the case, including
(1) the existence of specific or unique impediments to achieving
consensual resolution,
(2) the need for limited information to inform the ADR procedure
and achieve consensual resolution, and a procedure and
schedule for exchanging or obtaining such information,
(3) the existence and significance of key witnesses,
(4) the assertion of claims for interim relief, injunctive relief, or
specific performance,
(5) the desirable attributes and role of party representatives,
(6) a party's desire to have a non-party (e.g., spouse. family
member, confidant) participate in the ADR procedure as a
"trusted advisor," and
(7) the need for confidentiality or protective measures beyond the
confidentiality provisions of CR 39.1(a)(6).
(C) The ADR procedure that will be used;
(D) The attorneys on the CR 39.1 register of neutrals, who appear
suited to serve as a neutral or neutrals in the case; and
(E) A schedule, including interim dates, for the conduct and
completion of the ADR procedure, to be completed not later than
70 days following issuance of the Clerk's notices of appointment
under subsection (g).
(v) Not later than 21 days following issuance of the Clerk's Notice of
Appointment and Interim Notice of Appearance under subsection (g), the
parties shall submit a "Joint Pro Bono ADR Status Report.” The status
report shall:
(A) identify the matters enumerated in subsection (iv) upon which the
parties were able to agree;
(B) identify any matters enumerated in subsection (iv) upon which the
parties were unable to agree;
(C) set forth the parties' respective positions regarding any matters
enumerated in subsection (iv) upon which the parties were unable
to agree; and
(D) include any other relevant, nonconfidential information that any
party would like the Court to know.
(vi) If the joint ADR report identifies matters enumerated in subsection (iv)
upon which the parties were unable to agree, 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.
The Court may take into account, but shall not be limited by, the parties'
respective positions regarding the matters enumerated in subsection (iv)
upon which they were unable to agree.
(vii) 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 Clerk's notices of appointment under subsection
(g).
(viii) Upon completion of the ADR procedure, the appointed counsel shall
provide the judge, the Clerk's Office 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.
(ix) If the ADR procedure fails to achieve resolution of all issues as between
all parties, the Court may exercise its discretion to conduct a pretrial
conference to hear the views of the parties as to whether the use of other
ADR procedures, or the appointment of a settlement judge, would be
advisable. lf the Court concludes that such further proceedings are
warranted, the Court shall so order, and shall establish a schedule for
same.
(x) Unless the Court orders otherwise, the limited representation for the
limited purpose of conducting an early ADR procedure under CR 39.1
shall be deemed complete upon submission of the report required by
subsection (viii), or, in the event proceedings are conducted under
subsection (ix), upon the completion of such proceedings. It shall be the
responsibility of the appointed attorney to present the Court with an order
finding that such representation has been completed and terminating the
representation.
(xi) Upon entry of an order terminating the limited representation for the
limited purpose of conducting an early ADR procedure under CR 39.1, the
provisions of CR 16(a) requiring a scheduling conference and a joint
status report and the provisions of CR 16(d) requiring the entry of a
scheduling order, suspended under subsection (i) pending completion of
such early ADR procedure, shall again become applicable.
(j) Record of Attorney Appointments. The Clerk shall maintain a record of all
appointments.
Section 4. Appointment Procedure in Prisoner Civil Rights Cases
(a) Pro Se Prisoner Party. A civil rights action duly commenced by a pro se prisoner
litigant will be assigned to a Judge in the same manner as any other civil action.
(b) Order of Appointment. Whenever the assigned Judge concludes that appointment of
counsel is warranted pursuant to 28 U.S.C. § 1915, the Judge shall direct the Clerk of the Court
to identify an attorney(s) or law firm from the Pro Bono Panel to represent the litigant. The Judge
may direct appointment of an especially qualified attorney not on the Panel, if the attorney
consents. After the selected attorney has confirmed that they have no conflict of interest (see
subsection 4(c) below), the Judge shall issue an order directing the appointment of the attorney
or law firm selected to represent the pro se prisoner litigant.
The Clerk of the Court shall immediately send written notice of the appointment to the
selected attorney or law firm. A copy of the order of appointment shall accompany the notice. In
addition to notifying the attorney, the Clerk shall notify all of the parties to the action of the
appointment and shall include the name, address, telephone number, and email address of the
appointee. Upon receiving notice of appointment, the appointed attorney shall enter an
appearance in the action within 7 days. The complete case file shall be made available to the
attorney by the Clerk of the Court for inspection and copying.
(c) Check for Conflicts of Interest. Before the name of an attorney(s) or law firm is
given to the assigned Judge for appointment, the Clerk shall forward the names of the parties in
the case to the selected attorney. The selected attorney shall promptly notify the Clerk of the
Court of the existence of a conflict of interest.
(d) Record of Attorney Appointments. The Clerk shall maintain a record of all
appointments.
Section 5. Expenses
(a) The appointed attorney or the firm with which the attorney is affiliated shall seek
reimbursement from the pro se litigant for the costs incurred in litigating the action to the extent
the litigant is able to bear such costs. If the litigant is unable to do so, the appointed attorney or
the firm with which the attorney is affiliated may apply for reimbursement of expenses to the
Western District of Washington’s Bench and Bar Fund as specified below. If reimbursement is
not available from the pro se litigant or the Bench and 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 litigant is unable to bear the costs of the litigation, the attorney may apply for
reimbursement of expenses to the Bench and Bar Fund to defray costs, as follows:
(i) LIMITATIONS ON EXPENSE AMOUNTS.
(A) Pre-trial Expenses. Pre-trial expenses are those expenses and costs
incurred through the dispositive motion deadline set by the court in
the case schedule. The Judge or Magistrate Judge to whom the case
is assigned is authorized to approve prepayments or
reimbursements totaling up to $4,500 for pre-trial expenses.
Counsel requesting prepayments or requests for reimbursements
exceeding this amount must obtain permission from the Judge or
Magistrate 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 or Magistrate Judge to whom the case is
assigned 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 or Magistrate
Judge before the expenses or costs are incurred.
(ii) EXPENSES AND COSTS NOT COVERED.
(A) Overhead. General office expenses are not reimbursable from the
Bench and 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 Award Against a Party. Under no circumstances shall any
payments be authorized from the Bench and 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
Appendix A). 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 cost of compensation paid to a
person for such services may not exceed $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.
(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 and Bar
Fund.
(F) Interpreter Services. Costs of interpreter services not otherwise
avoided, waived, or recoverable may be reimbursed from the
Bench and 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 and Bar Fund.
(H) Postage. Reimbursement may be made for the actual cost of
caserelated 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 to whom the case is assigned. 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 where
authority to incur is required prior to incurring them, the request
for authority to incur the expense shall be made by ex parte motion
filed with the Judge to whom the case is assigned. 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 Clerk. 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 filed with the Clerk, who shall
review the voucher to verify that it complies with these
regulations, and then forward it to the Judge or Magistrate Judge to
whom motions in the case are assigned. Upon approval by the
Judge or Magistrate Judge, the Clerk 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 assigned Judge or Magistrate 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 and Rules 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 file
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 filed 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 Assigned Judge and/or Chief Judge. The assigned Judge
or Magistrate Judge 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 6. 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.
(b) If, after appointment, the appointed attorney discovers the party is able to pay for
legal services, the attorney shall bring this information to the attention of the assigned 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 7. Educational Panels and Pilot Projects
(a) Educational panels 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 panels 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(3).
(ii) The Clerk 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 shall receive 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 8. Rules and Regulations
The United States District Court for the Western District of Washington shall adopt rules
and regulations in accordance with this Plan and reserves the right to amend such rules, in
consultation with the Federal Bar, from time to time as the Court deems appropriate.
APPENDIX A
APPENDIX A
