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LR 83.35 Pro Bono Program


  (a)  DEFINITIONS. The following definitions shall apply to the pro bono rules:

 

(1)  The term “assignment of counsel” shall mean the assignment of a member of the trial bar to represent a party who lacks the resources to retain counsel. Such assignment shall only be in a civil action or appeal and shall not include any assignment made pursuant to the Criminal Justice Act of 1964, 18 U.S.C. §3006A.

(2)  The term “judge” shall mean the judge to whom the action is assigned. It shall include a magistrate judge where the assignment is made in a civil case assigned to a magistrate judge for all purposes pursuant to 28 U.S.C. §636(c) or referred for evidentiary hearings pursuant to 28 U.S.C. §636(b)(1)(B).

(3)  The terms “pro bono rules” and “pro bono program” shall refer to LR83.35 through 83.41.

 

(b)  Pro Bono Assignment Process.

 

(1)  Procedures for pro bono assignments are set out in LR 83.36.

(2)  An attorney who is exempt from pro bono assignment pursuant to LR 83.35(c) shall notify the Clerk of the exemption when the attorney receives a notice of assignment of counsel.  The Clerk may remove the attorney’s name from the panel and from the pool for one year.

(3)   After accepting a pro bono assignment, trial bar members will ordinarily be eligible for subsequent pro bono assignment only after all non-exempt trial bar members have been assigned a pro bono case in accordance with this rule.

 

(c)   EXEMPTIONS. A member of the trial bar may be exempted from assignment upon request with a showing that

 

(1)  the attorney’s principal place of business is outside of this District, or

(2)  the attorney is employed full-time as an attorney for an agency of the United States, a state, a county, or any sub-division thereof, or

(3)  the attorney is employed full-time as an attorney by a not-for-profit legal aid organization. 

 

(d)  VOLUNTEERS. A member of the trial bar may volunteer for an assignment at any time and may be assigned to the next available case.

 

(e) Completion of Service.  On and after the effective date of this rule, an attorney who has accepted an assignment under this rule will ordinarily not be assigned another case until every other member of the trial bar has been so assigned.

 

Amended December 23, 2016 and June 27, 2024


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