(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withdrawn from another recruitment, the application shall disclose the case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 LR83.36. 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), the judge
shall determine whether the attorney has satisfied the case representation
obligation or should be placed in the next pro bono panel.
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 returned to the pro bono panel 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 included among the names selected for the next panel. An attorney relieved of assignment on such
grounds will, within one year
(1)
obtain any necessary substantive expertise and
(2)
certify that the attorney has engaged in one of the following alternatives to
case representation:
(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 Hibbler Memorial Pro Se Help Desk or the Bankruptcy Assistance
Desk for at least one three-hour shift per month for one full year or twelve
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 two appointments 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 appointments.
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, and February 23, 2023