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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 06-26
REPRESENTATION OF PRO SE
12 LITIGANTS IN CIVIL RIGHTS
ACTIONS
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16 Effective June 1, 2026, 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 15th day of May, 2026.
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David G. Estudillo
2 Chief United States District Judge
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GENERAL ORDER 06-26 - 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 June 1, 2026)
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 and other related programs.
For civil actions pending 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 M. Margaret McKeown Federal Bar Association 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; (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 they have read the Plan, that they have malpractice
insurance, and 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 from the Panel. 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.
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Section 2. Optional Civil Rights Case Screening Committee
(a) Composition of the Screening Committee. The 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 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. Screening Committee members can specify whether they can review cases
in all civil rights practice areas or only limited subject matters.
(c) Optional Referral to the Screening Committee. Upon receiving an application
for appointment of counsel from a pro se litigant in a civil rights action or sua sponte, 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.
(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 application, 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;
(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;
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(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.
This list is not exhaustive, and not all factors apply in each case.
(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; representation for the entire
case to proceed to litigation; limited representation for the sole purpose of conducting an early
Alternative Dispute Resolution (“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. The recommendation shall not
include any legal analysis or other opinions beyond whether pro bono counsel is warranted and
for what scope of representation. The recommendation is not filed on the docket. The Judge can
adopt, amend, or reject the Screening Committee’s recommendation.
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 application 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) Application and Affidavit of Pro Se Litigant. Any application for the appointment
of counsel by a party appearing pro se in a civil rights action shall include a summary 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 based on
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the same facts before proceeding with their federal action. If the pro se litigant has not already been
granted leave to proceed in forma pauperis, a completed copy of a financial affidavit stating the movant
cannot afford to hire an attorney shall be attached to the application.
The decision to apply for appointment of counsel rests primarily with the pro se litigant.
Failure of a party to make written application 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 enter an Order directing the Pro Bono
Coordinator to identify a Panelist 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 Panelist
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 (i.e. conflict of interest, true unavailability, or lack of requisite knowledge).
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.
Acceptance. Upon confirmation of no conflicts and affirmative acceptance of the case by
the appointed Panelist, the Pro Bono Coordinator will provide the name of the Panelist to the
Judge who will then enter an Order of Appointment in 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 for docket entries. Within seven days, the
appointed attorney must make their Notice of Appearance.
Declination. Upon declination of a case by a Panelist for conflict of interest of good
cause, the Pro Bono Coordinator or Pro Bono Committee Chair(s) may identify another
qualified attorney and use the appointment process described above until Panel resources have
been exhausted or until any deadline imposed by the Judge has passed. 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.
No response. If no response is received from the Panelist selected for appointment, the
Pro Bono Coordinator will provide the name of the appointed Panelist to the Judge. The Judge
has discretion to contact the Panelist directly, or may enter an Order of Appointment in
CM/ECF. Within seven days from the date an order is entered, 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 seven days of appointment, an Order to Show Cause will be
issued. In no event shall the Panel attorney be ordered to accept the representation.
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(e) Expedited Appointment Process. In the rare circumstances when representation is
needed in less than seven days, for example if the immediate health or safety of an individual is
at risk, the Court may determine that expedited appointment of pro bono counsel is warranted.
In such situations, a Judge shall direct the Pro Bono Coordinator to identify pro bono counsel
on an expedited basis and enter an Order reflecting this referral. The Pro Bono Coordinator and
Pro Bono Committee Chair(s) may use processes other than provided in Section 3(d) to identify
and appoint counsel, including contacting multiple attorneys contemporaneously. Acceptance
of a case through the expedited process remains voluntary and declinations and lack of responses
through the expedited process do not carry the same consequences as provided in Section 3(d).
(f) Record of Attorney Appointments. The Pro Bono Coordinator shall maintain a
record of all appointments.
Section 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.
(ii) If the parties are unable to agree on the form of ADR 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.
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(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.
(c) Withdrawal Upon Completion of Limited Purpose Representation. To the extent
the case will proceed upon completion of a limited purpose appointment, the appointed Panelist
may move to withdraw in accordance with Section 9(a) and note in the motion that the limited
purpose has been completed. The appointed Panelist can also choose to continue with the case
beyond the scope of the limited purpose appointment and continue to receive the benefits
provided to counsel under the Plan.
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.
(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.
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Section 6. Expenses
(a) The appointed attorney or firm shall seek payment from the pro se litigant for
expenses incurred in litigating the action to the extent the pro se litigant is able to bear such
expenses.
(b) If the pro se litigant is unable to bear the expenses of litigation, the appointed
attorney may contact the Pro Bono Coordinator to request payment of expenses from the Western
District of Washington’s Bench Bar Fund as specified below. If payment is not available from
the pro se litigant or the Bench Bar Fund, the appointed attorney, or the firm which the attorney
is affiliated with, may be required to bear the expenses of litigation.
(c) Limitations of Expense Amounts. The Judge is authorized to approve the payment of
expenses totaling up to $10,000 for the entire case, inclusive of pre-trial and trial expenses.
Judges may authorize payment of expenses in excess of $10,000 in extraordinary circumstances.
(d) Timing for Expense Requests.
(i) Requests for expense payment may be made at any time during the pendency of
the proceedings and up to 30 days following the entry of judgment in the
proceedings. The Judge may, for good cause shown, extend the time for making
a request.
(ii) Where an appointed Panelist is permitted to withdraw from representing the party
in a proceeding, and the attorney has incurred expenses which may be
reimbursable under this section, they shall submit a request for payment 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 payment of expenses where the
request was submitted more than 90 days after the entry of the order of
withdrawal.
(iii) Payment of expenses is never guaranteed. Accordingly, if the appointed attorney
wants to know whether an expense will be paid under this Section before paying
the actual expense, the attorney shall use the process identified in Section 6(e)(iii).
(e) How to Request Payment.
(i) All requests for expense payment must be made on the request form provided
by the Pro Bono Coordinator. The Pro Bono Coordinator will send all requests
to the assigned Judge for consideration. Requests for payment of expenses may
be made ex-parte and need not include the other party.
(ii) The completed request shall be submitted to the Pro Bono Coordinator and
must be accompanied by sufficient documentation to permit the Judge to
determine that the request is appropriate and reasonable and complies with this
section.
(iii) Appointed counsel may request payment for expenses not yet performed or
paid by submitting invoices or other sufficient documentation to support the
amount requested. If the Judge approves the request, appointed counsel will
notify the Pro Bono Coordinator whether the Court should pay the service
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provider directly or whether the appointed counsel will pay the service
provider and submit proof of payment to the Pro Bono Coordinator.
(iv) Appointed counsel may request payment in the form of a reimbursement for
expenses that have already been paid. Such requests must be submitted to the
Pro Bono Coordinator and include proof of payment.
(v) All payments and reimbursements approved by the Judge will be promptly
paid by the Court to the extent sufficient funds are available.
(f) Expenses Eligible for Payment and Limits for Certain Categories:
(i) Deposition and Transcript Expenses. 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 and-fee-
rates). 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 payment only upon specific approval
of the Court.
(ii) 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.
(iii) 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 are eligible for payment. Actual expenses
reasonably incurred shall be guided by the prevailing limitations placed upon
federal judiciary employees in accordance with existing government travel
regulations (https://www.gsa.gov/travel). Federal government travel
limitations are strict and counsel are expected to familiarize themselves
with applicable limitations before requesting payment for these expenses.
(iv) Service of Papers; Witness Fees. Those fees for service of papers and the
appearances of witnesses that are not otherwise avoided, waived, or recoverable
are eligible expenses.
(v) Interpreter Services. Costs of interpreter services not otherwise avoided,
waived, or recoverable are eligible expenses.
(vi) 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 are eligible expenses.
(vii) Postage. Payment may be made for the actual cost of case-related U.S. postage.
There will be no payment for expedited delivery costs.
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(g) Expenses Not Eligible for Payment:
(i) Overhead. General office expenses are not eligible for payment 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.
(ii) 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.
(iii) 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.
(h) Other Expenses Not Identified: If a cost is not discussed in this section, appointed
counsel may still request payment by submitting a request form to the Pro Bono
Coordinator and the Judge may use their discretion to consider the request.
(i) Where appointed counsel prevails on an award of costs and attorney fees, the Court
may order reimbursement to the Bench Bar Fund of payments made under this Section.
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.
(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.
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(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
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 this Plan.
The Court shall have the discretion not to issue a further order of appointment 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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