United States District Court

Northern District Of Illinois

Local Rules

LR83.38. Relief from Appointment

(a) Grounds; Application. After appointment counsel may apply to be relieved of an order of appointment only on the following grounds or on such other grounds as the appointing judge finds adequate for good cause shown:

(1) Some conflict of interest precludes counsel from accepting the responsibilities of representing the party in the action.

(2) In counsel’s opinion, counsel is not competent to represent the party in the particular type of action assigned.

(3) Some personal incompatibility or a substantial disagreement on litigation strategy exists between counsel and the party.

(4) Because of the temporary burden of other professional commitments involved in the practice of law, counsel lacks the time necessary to represent the party.

(5) 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 appointed counsel for relief from an order of appointment 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.

(b) Order Granting Relief. If an application for relief from an order of appointment is granted, the judge may issue an order directing the appointment of another counsel to represent the party. Such appointment shall be made in accordance with the procedures set forth in LR83.36. Alternatively, the judge shall have the discretion not to issue a further order of appointment, in which case the party shall be permitted to prosecute or defend the action pro se.

Where the judge enters an order granting relief from an order of appointment on the grounds that counsel lacks the time to represent the party due to a temporary burden of other professional commitments, the name of counsel so relieved shall, except as otherwise provided in the order, automatically be included among the names selected for the next panel.