(a) Application. Any application for the assignment of counsel by a party appearing pro se shall be on a form approved by the Executive Committee. The application shall include a form of affidavit stating the party’s efforts, if any, to obtain counsel by means other than assignment and listing any prior matters, pending or terminated, in which counsel has been assigned by any judge of this court to represent that party.  A completed copy of the affidavit of financial status in the form required by LR 3.3(a)(2) shall be attached to the application. A pro se party who was ineligible for assigned counsel at the outset of the litigation who later becomes eligible by reason of changed circumstances may apply for assignment of counsel within a reasonable time after the change in circumstances has occurred. Upon receipt of an application for the assignment of counsel, the judge may first want to consider whether referral of the case to the William J. Hibbler Memorial Pro Se Help Desk or the Settlement Assistance Program is appropriate. If these referrals are not appropriate, the judge shall determine within a reasonable time whether counsel is to be assigned to represent the pro se party pursuant to 28 U.S.C. §1915(e). 

(b) Selection of Attorney

          (i)  By the Clerk.  Upon request from a judge, the Clerk will identify an attorney from the pro bono assignment list at random for assignment, provided that attorneys whose practice is primarily in the Western Division of this court will not be assigned to a case pending in the Eastern Division.

          (ii)  By the Judge.  The judge presiding in any case retains discretion to assign counsel as set forth in IOP 08.  Selection by a judge pursuant to IOP 08 is the equivalent of selection by the Clerk for purposes of fulfilling the attorney’s trial bar case representation requirement.  An attorney selected by a judge must notify the Clerk of the assignment.

(c) Notice of Assignment. After counsel has been selected, the Clerk shall forthwith send to counsel written notice of the assignment. In addition to notifying counsel, the Clerk shall also notify all of the parties to the action of the assignment and include with such notification the name, address, and telephone number of the assignee.

(d) Making Private Counsel Court-Assigned. A party represented by counsel, or the attorney may, due to the party’s financial condition, seek to change the nature of the representation to court-assigned representation, in order to render counsel eligible for reimbursement of expenses from the District Court Fund pursuant to LR83.40.  Such a change may be approved by the court on a petition. Any such petition shall confirm that approval of the change in representation will negate any existing fee agreements between the party and counsel, and that  any subsequent fee agreements between the party and counsel will be made in accordance with the provisions of LR 83.41.  The judge will grant the petition only if the judge would have granted an application filed under this rule had the party not been represented by counsel. Where a party is represented by more than one attorney, any order of assignment under this section shall preclude prospective operation of fee agreements with all such counsel but the assignment would be limited to those attorneys seeking such assignment.

Amended May 24, 2013, December 23, 2016, and June 27, 2024