N.D.N.Y. L.R. 83.2

(a) Pro Bono Appointment.

1. All attorneys admitted to practice within the Northern District of New York,

except attorneys employed by the government, are required to accept no more

than one pro bono assignment per year on a rotating basis.

2. Any request to be excused from accepting a pro bono case assignment must be

directed to the Chief Judge. Lack of experience in a specific area of law is not an

acceptable reason to be excused. The Court expects attorneys admitted to practice

in the NDNY to participate in periodic CLE training that the Court offers.

3. Where a pro se party has one or more other cases pending before this Court in

which the Court has appointed an attorney, the Court may determine it to be

appropriate that the attorney appointed in the other case or cases be appointed to

represent the pro se party in the case before the Court.

4. The attorney will be contacted via email by the Pro Bono Administrator giving

the attorney ten (10) business days to review the potential case assignment for any

conflict. Failure to respond within 10 business days will result in an order

appointing the attorney as pro bono counsel to be filed, and a notice of

appearance by the attorney will be due.

(b) Application for Appointment of Attorney

1. Any application that a party appearing pro se makes for the appointment of an

attorney shall include a form of affidavit stating the party's efforts to obtain an

attorney by means other than appointment and indicating any prior pro bono

appointments of an attorney to represent the party in cases brought in this Court,

including both pending and terminated actions.

2. Failure of a party to make a written application for an appointed attorney shall not

preclude appointment.

3. Where a pro se litigant, who was ineligible for an appointed attorney at the time

of initial or subsequent requests, later becomes eligible by reason of changed

circumstances, the Court may entertain a subsequent application, using the

procedures specified above, within a reasonable time after the change in

circumstances has occurred, or the Court may, in its discretion, sua sponte appoint

pro bono counsel.

(c) Factors Used in Determining Whether to Appoint Counsel. Upon receipt of

an application for the appointment of an attorney, the Court shall determine whether to appoint

an attorney to represent the pro se party. The Court shall make that determination within a

reasonable time after the party makes the application. Factors that the Court will take into

account in making the determination are as follows:

1. The potential merit of the claims as set forth in the pleading;

2. The nature and complexity of the action, both factual and legal, including the

need for factual investigation;

3. The presence of conflicting testimony calling for an attorney's presentation of

evidence and cross-examination;

4. The capability of the pro se party to present the case;

5. The inability of the pro se party to retain an attorney by other means;

6. The degree to which the interests of justice shall be served by appointment of an

attorney, including the benefit that the Court shall derive from the assistance of an

appointed attorney;

7. Any other factors the Court deems appropriate.

(d) Order of Appointment. Whenever the Court concludes that the appointment of

an attorney is warranted, the Court shall issue an order directing the appointment of an attorney

to represent the pro se party. The Court shall promptly transmit the order to the Clerk. If service

of the summons and complaint has not yet been made, the Court shall accompany its

appointment order with an order directing service by the United States Marshal or by other

appropriate method of service.

(e) Notification of Appointment. After the Court has appointed pro bono counsel,

the attorney will receive a copy of the appointment order via CM/ECF. Costs the attorney incurs

in obtaining copies of materials filed prior to appointment are recoverable under L.R. 82.3(g).

Pro Bono counsel may also make a request to the Clerk’s office to regenerate any documents

electronically filed on the docket which will be sent to the attorney via email at no cost.

(f) Duties and Responsibilities of Appointed Counsel. On receiving notice of the

appointment, the attorney shall promptly file a notice of appearance in the action to which the

appointment applies unless precluded from acting in the action or appeal, in which event the

attorney shall promptly notify the Court and the putative client. Promptly following the filing of

an appearance, the attorney shall communicate with the newly-represented party concerning the

action. In addition to a full discussion of the merits of the dispute, the attorney shall explore with

the party any possibilities of resolving the dispute in other forums, including but not limited to,

administrative forums. If after consultation with the attorney the party decides to prosecute or

defend the action, the attorney shall proceed to represent the party in the action unless or until the

attorney-client relationship is terminated as these Rules or court order provide. If the attorney is

appointed as Special Mediation Counsel, the attorney-client relationship will be terminated by

Court order at the end of the mediation process, as described in L.R. 83.6(d)(4).

In the Court’s discretion, the Court may appoint stand-by counsel to act in an advisory

capacity. “Stand-by counsel” is not the party's representative; rather, the role of stand-by counsel

is to provide assistance to the litigant and the Court where appropriate. The Court may in its

discretion appoint counsel for other purposes.

(g) Reimbursement for Expenses. Pro Bono attorneys whom the Court appoints

pursuant to this Rule may seek reimbursement for expenses incident to representation of indigent

clients by application to the Court. Reimbursement or advances shall be permitted to the extent

possible in light of available resources and, absent extraordinary circumstances, shall not exceed

$2,000.00. Any expenses in excess of $500.00 should receive the Court's prior approval. If good

cause is shown, the Court may approve additional expenses. The Pro Bono Authorization

Request form can be found on the Court’s website. Appointed counsel should seek

reimbursement using the Pro Bono Fund Voucher and Request for Reimbursement Form and

should accompany this form with detailed documentation. The Court advises counsel that if they

submit a voucher seeking more than $2,000.00 without the Court’s prior approval, the Court may

reduce or deny the request. The Chief Judge or a judge whom the Chief Judge designates to

authorize withdrawals must approve all reimbursements made by withdrawal from the District

Fund. To the extent that appointed counsel seeks reimbursement for expenses that are

recoverable as costs to a prevailing party under Fed R. Civ. P. 54, the appointed attorney

must submit a verified bill of costs on the form the Clerk provides for reimbursement of

such expenses.

(h) Attorney's Fees. Except as provided in this subsection, an appointed attorney

cannot recover attorney's fees from the Pro Bono Fund. However, in its discretion, the Court

may award an appointed attorney for a prevailing party attorney's fees from the judgment or

settlement to the extent that the applicable law permits. See, e.g., 28 U.S.C. § 2678 (permitting

the attorney for a prevailing party under the Federal Tort Claims Act to recover up to 25% of any

judgment or settlement); 42 U.S.C. § 1988(b) (authorizing an additional award of attorney's fees

to prevailing parties in civil rights actions).

(i) Grounds for Relief from Appointment. After appointment, an attorney may

apply to be relieved from an order of appointment only on one or more of 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 action;

2. the attorney does not feel competent to represent the party in the particular type of

action assigned, after the attorney has completed a Court CLE in that area of law;

3. some personal incompatibility exists between the attorney and the party or a

substantial disagreement exists between the attorney and the party concerning

litigation strategy; or

4. in the attorney's opinion the party is proceeding for purposes of harassment or

malicious injury or the party's claims or defenses are not warranted under existing

law and cannot be supported by a good faith argument for extension, modification

or reversal of existing law.

(j) Application for Relief from Appointment. An appointed attorney shall make

any application for relief from an order of appointment on any of the grounds set forth in this

Rule to the Court promptly after the attorney becomes aware of the existence of such grounds or

within such additional period as the Court may permit for good cause shown.

(k) Order Granting Relief from Appointment. If the Court grants an application

for relief from an order of appointment, the Court shall 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, the

order shall 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 these Rules.

Alternatively, the Court 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.