(a) Grounds; Application. After assignment,
counsel may move for relief from an order
of assignment only on the
following grounds or on such other grounds as
the assigning judge
finds adequate for good cause shown:
(1) Counsel is 70 years of age or older, has
no active appearance on file in any case in this District and requests relief from
the assignment. Relief under this provision does not require withdrawal from the
trial bar or alternate pro bono assignment.
(2) Some
conflict of interest precludes
counsel from accepting
the responsibilities of representing the party in the action.
(3) In counsel’s
opinion, counsel is not competent
to represent the party in the
particular type of action assigned.
(4) Some
personal incompatibility or a substantial disagreement
on litigation strategy exists between counsel
and the party.
(5) Because of the temporary burden of other professional commitments involved in
the practice of law, counsel
lacks the time necessary to
represent the party.
(6) In counsel’s
opinion, the party is proceeding for purpose of harassment or malicious injury, or the party’s
claims or defenses are not
warranted under existing law and
cannot be supported by good
faith argument for extension,
modification, or reversal of existing law.
Any
application by assigned
counsel for relief from an order
of assignment on any of the grounds
set forth in this section shall
be made to the judge promptly after
the attorney becomes aware of
the existence of such grounds, or within such additional period as may be permitted by the judge for good
cause shown.
Where
the attorney requesting withdrawal from a pro
bono assignment has previously withdrawn from another assignment, the application
shall disclose the case name and number, the nature of the assignment and the reason
for withdrawal.
(b) Order Granting Relief. If an application for relief
from an order of assignment is granted, the judge may in
the judge’s discretion either enter or not enter a further order directing the assignment of another counsel
to represent the party. Such assignment
shall be made in accordance with the procedures set forth in LR 83.36. In
any
action where the judge
discharges assigned counsel but does not issue a further order of assignment,
the party shall be permitted to
proceed pro se.
(c) Consequences of Relief from Assignment.
Where the judge enters an order granting
relief from an order of assignment on the basis of LR 83.38(a)(4) (substantial disagreement
with the client) or LR 83.38(a)(5) (determination that the case is frivolous or
filed for improper purpose), or LR 83.39 (discharged by the client), or for some
other reason the attorney has performed substantial work on the assignment, the
judge shall determine whether the attorney has satisfied the case representation
obligation or should be eligible for a new assignment.
Where the judge enters an order granting
relief from an order of assignment because the assignment would create a conflict
with a current representation, the attorney will be eligible for another
assignment.
Where the
judge enters an order granting relief from an
order of assignment on the grounds that counsel
lacks relevant substantive expertise
or lacks the time to represent the party due to a temporary burden of other professional commitments,
counsel so relieved shall, except
as otherwise
provided in the order, automatically be eligible for a new assignment in 12 months time.
An attorney relieved of assignment on such grounds will, within one year
(1) obtain any necessary substantive
expertise, if that is the reason for relief from assignment, and
(2) certify that the attorney has engaged
in one of the following alternatives to case representation in the 12 months prior
to certification:
(i)
at least 50 hours of substantial alternative
pro bono effort in a trial or settlement context (for example, service to the indigent
or service to a governmental or civic organization);
(ii) volunteering
at either the District Court’s William J. Hibbler Memorial Pro Se Help Desk or the
Bankruptcy Assistance Desk for at least one shift per month for six months or six
total shifts over the course of the year.
An attorney electing this alternative must complete or have completed a Pro
Se Help Desk or Bankruptcy Assistance Desk training session before beginning service;
(iii) service as counsel
for one assignment with the court’s Settlement Assistance Program. An attorney electing this alternative must complete
or have completed a Settlement Assistance Program training session before the assignment.
An attorney who fails to
satisfy one of these alternatives will, absent good cause, be deemed to have withdrawn
from the trial bar.
Amended December 23, 2016, March 29, 2018;
April 22, 2018; February 24, 2023; and June 27, 2024