United States District Court - Northern District of Illinois

General Rules

Rules 3.80 to 3.99 Procedures For The Appointment Of Attorneys In Pro Bono Civil Actions

Rule 3.84 Relief From Appointment

A. Grounds for Relief from Appointment

After appointment an attorney 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 the attorney from accepting the responsibilities of representing the party in the appeal or action.

(2) In the attorney's opinion, he/she is not competent to represent the party in the particular type of action or appeal assigned.

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

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

(5) In the attorney'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.

B. Availability of an Affiliated Attorney

Whenever an attorney seeks to be relieved of an order of appointment, he/she shall determine whether those responsibilities can be undertaken by another attorney affiliated with the appointed attorney in a partnership or corporation. Where an attorney so affiliated is able to represent the party in the action or the appeal, the appointed attorney shall identify the affiliated attorney in the application for relief.

C. Application for Relief from Appointment

Any application by an appointed attorney for relief from an order of appointment on any of the grounds set forth in (a) above 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.

D. Order Granting Relief from Appointment

If an application for relief from an order of appointment is granted, the judge may issue an order directing the appointment of another attorney to represent the party. Where the application for relief from appointment identifies an attorney affiliated with the moving attorney who is able to represent the party, such an order may direct appointment of the affiliated attorney with the consent of the affiliated attorney. Any other appointment shall be made in accordance with the procedures set forth in Rule 3.82 of these Rules. 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 the attorney lacks the time to represent the party due to a temporary burden of other professional commitments, the name of the attorney so relieved shall, except as otherwise provided in the order, automatically be included among the names selected for the next Panel.