.. , ..
, " I .~
~
IN THE UNITED STATES DISTRICT COURr ,1,:::( il:1 :] 2CJ
FOR THE DISTRICT OF WYOMING U.S. Dis 'iT. : GTe 0URT
IN THE MATrER OF:
GUIDELINES AND PLAN FOR
ADMINISTERING NON-APPROPRIATED
FUNDS.
GENERAL ORDER REGARDING NON-APPROPRIATED
FUND ADMINISTRATION
The Judges of the United States District Court for the District of Wyoming adopt
this Plan to establish guidelines and procedures for the administration and operation of
a non-appropriated fund. The source for this Guideline and Plan is found in the guide
to Judiciary Policies and Procedures, Vol. I-A, Chapter VII, Parts C and M and
Appendix M, Revised December 1999.
Funds to be administered in accordance with this Plan are:
A. Attorneys admitted to the Bar of this Court under conditions prescribed for
general admission under U.S.D.C.L.R. 83.12.2(a) shall be required to pay to the Clerk
of Court an admission fee of one hundred dollars ($100.00). The sum of fifty dollars
($50.00) will be deposited by the Clerk into the Treasury of the United States of
America, and fifty dollars ($50.00) will be deposited in the District of Wyoming's non-
appropriated fund ("Fund").
1
B. Attorneys seeking admission pro hac vice under the conditions prescribed in
U.S.D.C.L.R. 83.12.2(b) shall be required to pay a fee of one hundred ($100.00) for
each appearance in a matter before this Court. The entire fee of one hundred dollars
($100.00) will be deposited into the Fund.
C. Attorneys seeking admission pro hac vice in adversary cases pending before
the U.S. Bankruptcy Court for the District of Wyoming under the conditions prescribed
in U.S.D.C.L.R. 83.12.2(b) and L.B.R. 9010-1(C) shall be required to pay a fee of one
hundred dollars ($100.00) for each appearance in an adversary case before the
Bankruptcy Court. The entire fee of one hundred dollars ($100.00) will be paid to the
District Court and deposited into the Fund.
Administration of the Fund
An Advisory Committee shall be appointed by the Court to advise the Court and
the Funds Custodian on matters relating to the administration of the fund.
A. Composition of the Advisory Committee:
(1) An Active United States District Judge for the District of Wyoming;
(2) The United States Bankruptcy Judge for the District of Wyoming;
(3) A United States Magistrate Judge for the District of Wyoming;
(4) The Clerk of the United States District Court for the District of
Wyoming, who shall act as Secretary to the Advisory Committee; and
(5) Two lawyer representatives, who are regularly admitted and licensed
to practice before the Supreme Court of Wyoming and before the United States District
Court for the District of Wyoming.
2
B. Duties and powers:
(1) Oversees the activities of the Custodian of the fund; and
(2) Exercise authority approving individual disbursement not exceeding
five hundred dollars ($500.00), and the Chairperson shall have authority as to individual
disbursements not exceeding two hundred fifty dollars ($250.00). All expenditures in
excess of five hundred ($500.00) may be authorized only by majority of the Advisory
Committee.
C. CustodianfTrustee:
The Clerk of the District Court is appointed CustodianfTrustee of the Fund. In
the event of absence, retirement or resignation of the Clerk, the Chief Deputy Clerk, or
such other person as the Chief District Judge designates shall become the
CustodianfTrustee.
1. Responsibilities and Duties of the CustodianfTrustee:
(a) Receive, safeguard, deposit, disburse and account for all
funds, as prescribed in this Plan and in pertinent laws;
(b) Secure a bond to be paid from assets of the fund if required by
the Court;
(c) Establish a checking and deposit account and an accounting
system for the fund and maintain proper records of receipts and disbursements;
(d) Ensure that financial statements and operating reports are
prepared quarterly and sign the same, certifying that the statements and reports
accurately represent the financial condition of the fund;
3
(e) Invest monies from the fund with approval of the Advisory
Committee in accordance with this plan;
(f) Sign checks drawn on the fund. The checks shall be
countersigned by the Chief District Judge, or in the absence of the Chief District Judge,
by the Vice-Chairperson of the Advisory Committee;
(g) Act as Secretary to the Advisory Committee and keep records
and minutes of committee meetings;
(h) Perform such other duties as the Chief District Judge and the
Advisory Committee may direct.
C. Successor CustodianfTrustee:
Upon appointment of a successor CustodianfTrustee, the outgoing
CustodianfTrustee shall prepare and sign the following statements in conjunction with
an exit audit or inspection conducted by an auditor or disinterested person as
designated by the Court;
(1) A statement of assets and liabilities;
(2) A statement of operations or of receipts and disbursement covering
the period since the last statement of operations and net worth, up to the date of
transfer to the Successor CustodianfTrustee;
(3) A statement of the balance in any fund accounts as of the date of
transfer to the successor CustodianfTrustee.
The Successor CustodianfTrustee should execute a receipt for all funds after
being satisfied as to the accuracy of the statements and records provided by the
4
outgoing Custodianffrustee. Acceptance may be conditioned upon audit and
verification when the circumstances warrant.
D. Audits and Inspections:
(1) Audits.
Funds are subject to audit by the Administrative Office of the
United States Courts. The Court may appoint an outside auditor or disinterested
person (who may be a government employee) to conduct such additional audits as the
Court determines may be necessary. The written results of such audit should be
provided to the Court and may be made available upon request to members of the bar
of the Court. Reasonable compensation may be provided from fund assets if the
auditor is not a government employee acting in an official capacity.
2. Final Audit.
A final audit should be performed prior to the dissolution of the
fund and a written accounting rendered to the court and Advisory Committee.
E. Protection of the Fund.
All receipts should be deposited in federally insured banks or savings
institutions, and, whenever practical and feasible, all substantial sums should be placed
in interest bearing accounts, government securities, or money market funds invested in
government obligations, at the direction of the court or Advisory Committee. Assets
held by the custodian must be segregated from all other monies in the custody of the
court, including other non-appropriated funds.
5
F. General Principles and Guidelines for Expenditure of the Fund:
(1) Funds are to be used for the benefit of the bench and bar in the
administration of justice. Attorney admission fees collected by the court which are in
excess of the amount prescribed by the Judicial Conference Schedule of Additional
Fees constitute non-appropriated funds. Monies maintained in such funds should not
be used for purposes which do not enure to the benefit of the members of the bench
and bar in the administration of justice. Non-appropriated funds may not be used to
supplement appropriated funds and may not be used to pay for materials or supplies
available from statutory appropriations. Under no circumstances should such funds be
used to supplement the salary of any court officer or employee.
(2) Examples of proper use of non-appropriated fund:
(a) Attorney admission proceedings (including expenses of
admissions, committees and admissions ceremonies);
(b) Attorney discipline proceedings (including expenses of
investigating counsel for disciplinary enforcement, travel expenses and witness fees in
disciplinary proceedings);
(c) Periodicals and publications for court libraries for which
appropriated funds are not available;
(d) Anatomical charts and stands for courtroom use;
(e) Computerization of library catalog;
6
(f) Lawyer lounge facilities;
(g) Surety bond for the custodian of the fund (bond may only
cover monies in the fund);
(h) Fees for services rendered by outside auditors in auditing the
fund;
(i) Reimbursement of out-of-pocket expenses necessarily
incurred by court-appointed attorneys representing indigents in civil cases not covered
00
by the Criminal Justice Act. Reimbursements will be limited to no more than $5"6 D
per case at the discretion of the Advisory Committee upon recommendation of the trial
judge and will be payable at the conclusion of the case;
U) Expenses for the training of court personnel, including CJA
Panel members, for which appropriated funds are not available, including attending
conferences and seminars.
Dissolution of the Fund
The Court may dissolve the non-appropriated fund or any portion thereof, which
has been created by this General Order. The Custodian shall ensure that all
outstanding obligations are liquidated prior to dissolution of the fund, including any
expenses resulting from the required final audit. Effort should be made to dispose of
the assets of the fund in ways which fulfill the purposes of the fund as set forth herein.
7
Effective Date
This Plan shall become effective on ~ /.7 O('aJ~
Dated this 2- ~ of August, 2002.
~-,
WILLIAM F. DOWNES
CHIEF JUDGE
' - -!t/1, 1J1!fn,::;7
~ ':;;
,~ l-t' J-t,.c<-
4-
~~
8
