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IOP08. Assignment of Pro Bono Attorneys in Civil Cases


(a) Order of Assignment. Whenever the judge concludes that the assignment of counsel is warranted, the judge shall enter an order pursuant to 28 U.S.C. §1915(e) directing the assignment of counsel to represent the pro se party. The judge may specify in the order of assignment an area of expertise or preference so that the clerk may select a prospective assignee who indicated such area if one is available. The order shall be transmitted forthwith to the clerk. If service of the summons and complaint has not yet been made, an order directing service by the United States marshal or by other appropriate method of service shall accompany the assignment order.

The selection of a member of the panel for assignment pursuant to the assignment order will normally be made in accordance with section (e). However, the judge may determine that an assignment be made in any of the following manners:

(1) Where the pro se party has one or more other cases pending before this Court in which counsel has been assigned, the judge may determine it to be appropriate that counsel assigned in such other case or cases be assigned to represent the pro se party in the case before the judge.

(2) Where the judge finds that the nature of the case requires specific expertise and among the panel members available for assignment there are some with the required expertise, the judge may direct the clerk to select counsel from among those included in the group or may designate a specific member of the group.

(3) Where the judge finds that the nature of the case requires specific expertise and none of the panel members available for assignment has indicated that expertise, the judge may assign counsel with the required expertise who is not on the panel.

In order to assist the judge in determining whether or not to make a direct assignment under (1) of this section, the clerk shall provide on request the case number, case title, presiding judge, and name of counsel assigned of each case currently pending before the Court in which the pro se party has had counsel assigned.

(b) Selection of Attorney to be Assigned. Except where another method of assignment is ordered pursuant to section (d), the clerk, on receipt of the order of assignment, shall select a name from the panel in the following manner:

(1) Where the order specifies a particular area of expertise or a preference, the clerk shall select the first available panel member indicating such expertise or preference. If no such person is found, the next available person listed on the panel shall be selected.

(2) Where the order does not specify any area of expertise or preference, the clerk shall select the first available person listed on the panel. 

Adopted 06/02/2011; Amended 05/24/2013, 11/24/2014
 


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