W.D.N.Y. Loc. R. Civ. P. 83.8

The interests of justice and judicial economy are facilitated when counsel can be appointed

to represent indigent pro se litigants. Participation in the Court’s Pro Bono Program not only

bestows a service to the community by ensuring equal access to the courts through the provision

of legal counsel to indigent litigants, but also greatly assists the Court in the adjudication of pro se

cases. The New York Rules of Professional Conduct, which apply to all attorneys admitted to

this Court, state that attorneys are “strongly encouraged” to provide pro bono legal services. While

the Court recognizes that there are many pro bono services provided by volunteer attorneys

throughout the community, the Court relies upon the generous cooperation and service from the

attorneys admitted to practice before it to further these interests.

(a) Formation of the Volunteer Panel, Assignment Wheel, and Senior Pro Bono Panel.

The Clerk of Court will establish a “Volunteer Panel” and an “Assignment Wheel” which

shall be used to assign Members of the bar of this Court to provide pro bono representation

to indigent litigants in civil cases according to the criteria and procedures set forth in this

Rule. The Court will also select attorneys to serve on a “Senior Pro Bono Panel” to assist

attorneys appointed from the Volunteer Panel and Assignment Wheel. The Senior Pro

Bono Panel will be selected from attorneys who, upon request of the Court, or otherwise,

have volunteered to serve. A list of Senior Pro Bono Panel attorneys shall be maintained

by the Clerk of Court.

(1) Volunteer Panel.

The Clerk of Court will establish a panel of pro bono volunteer attorneys, which

shall be comprised of attorneys who are Members of the bar of this Court and who

contact the Clerk’s Office in writing to request to be included on the Volunteer

Panel. An attorney who volunteers to be placed on the Volunteer Panel may elect

to volunteer for either full-scope or limited-scope appointments, or both.

In a full-scope appointment, the attorney will represent the litigant in all aspects of

the case before the Court (excluding any appellate practice unless the attorney

agrees to provide appellate representation).

In a limited-scope appointment, the attorney will represent the litigant only for the

purpose or purposes identified by the Court in the Order of Appointment (unless

the attorney reaches an agreement with the litigant to provide additional

representation beyond that set forth in the Order of Appointment).

Any attorney who has been placed on the Volunteer Panel may request in writing

to be removed from that panel at any time, in which case the attorney shall be

removed from that panel, but shall be placed on the Assignment Wheel and any

pending appointments will remain in effect. The Court may remove an attorney

from the Volunteer Panel for good cause.

(2) Assignment Wheel.

Any Member of the bar of this Court who has appeared as counsel of record in at

least one civil or criminal action in the District within the last two (2) calendar

years of the appointment, shall be included in the Assignment Wheel except for (a)

an attorney whose office address is outside the District; (b) an attorney who is

employed full-time as an attorney for an agency or branch of the United States, a

State, or a municipality; (c) an attorney who is employed full-time as an attorney

by a not-for-profit legal aid organization; (d) an attorney who has notified the Clerk

of Court in writing that he or she has retired from the practice of law; (e) an

attorney who has notified the Clerk of Court in writing that he or she has been

suspended or resigned from the bar of this Court; or (f) an attorney who is on the

Volunteer Panel or Senior Pro Bono Panel. Assignments made to attorneys from

the Assignment Wheel may be either full-scope or limited-scope appointments.

(3) Senior Pro Bono Panel.

The Court recognizes that attorneys with limited experience can still provide

valuable assistance to indigent litigants. To assist such attorneys, the Court has

established a Senior Pro Bono Panel of experienced federal court practitioners to

provide guidance and assistance in appropriate cases. In instances where an

appointed attorney desires the assistance of an attorney with greater experience,

the attorney is encouraged first to seek out assistance from an appropriate attorney

within his or her firm, where applicable, who may enter an appearance as co-counsel. An attorney entering an appearance as co-counsel under these

circumstances will receive the same benefits under the Rule as the initially

appointed attorney.

In the event that an appointed attorney is unable to enlist the assistance of co-counsel from within his or her firm, he or she may request the appointing Judge to

(or the appointing Judge may sua sponte) appoint a member of the Senior Pro Bono

Panel as co-counsel to that attorney. When a Senior Pro Bono Panel attorney is

appointed, this attorney will act in a mentoring role to the initially appointed

attorney, but will also be listed as counsel of record. Attorneys selected by the

Court to be members of the Senior Pro Bono Panel, and who agree to serve, will

not be included on the Volunteer Panel or Assignment Wheel unless otherwise

requested.

(b) Appointment of Counsel.

(1) Pro bono counsel may be appointed by either the District Judge or the Magistrate

Judge (“presiding Judge”) upon motion or sua sponte when the presiding Judge

determines that appointment of counsel for an indigent litigant will serve the

interests of justice. Newly filed cases in which any party is unrepresented may be

evaluated by the presiding Judge for appointment of pro bono counsel under this

Rule at an early stage.

(2) The presiding Judge may appoint counsel for a specific limited purpose, such as

for participating in mediation pursuant to the Court’s Alternative Dispute

Resolution Plan, amending pleadings, conducting discovery, drafting or

responding to motions, or for any other purpose the presiding Judge determines

will serve the interests of justice.

(3) Because of their common goal of providing access to justice, the Erie County Bar

Association Volunteer Lawyers Project and JustCause, formerly the Volunteer

Legal Services Project of Monroe County, Inc., have agreed that, when possible,

attorneys appointed under this Rule shall be considered volunteers to those

organizations and afforded all accompanying benefits. The parameters of

involvement for those organizations will be detailed in the Order of Appointment.

(c) Appointment Procedure.

(1) Upon determining that pro bono counsel should be appointed, the presiding Judge

may appoint an attorney from the Volunteer Panel or, if no attorney from the

Volunteer Panel is available, may appoint an attorney selected from the

Assignment Wheel. In either case, the Court will send a “Notice Letter” to the

selected attorney advising of the impending appointment.

(2) If the selected attorney does not seek relief from the appointment pursuant to

subdivision (D) of this Rule, a “Notice of Appointment and Acknowledgment”

will be mailed to the pro se litigant. If an executed Notice of Appointment and

Acknowledgment is not received by the Court within twenty-one (21) business

days of the date issued, no appointment will be made. Upon timely receipt of an

executed Notice of Appointment and Acknowledgment, an Order of Appointment

will be issued.

(d) Relief from Appointments.

(1) In the interests of justice and judicial economy to provide legal counsel to indigent

litigants, and consistent with the New York Rules of Professional Conduct,

attorneys are strongly encouraged to accept pro bono assignments under this

program. If an attorney determines that it is necessary to seek relief from an

impending appointment, such requests for relief shall be made by letter addressed

to the presiding Judge within fourteen (14) business days of the date of the Notice

Letter. Counsel will be deemed to have consented to the impending appointment

unless relief from the impending appointment is requested within that time period.

An Order of Appointment will be issued if no request for relief is made and an

executed Notice of Appointment and Acknowledgment is timely returned by the

pro se litigant. Any application to withdraw as counsel after an Order of

Appointment is issued shall be made pursuant to the procedure set forth in Loc. R.

Civ. P. 83.2(c).

(2) Automatic relief from an appointment shall be granted, upon request, to any

attorney who (a) has a conflict of interest as defined in the New York Rules of

Professional Conduct (Rules 1.7-1.12); (b) is exempt from inclusion in the

Assignment Wheel pursuant to subsections (A)(2)(a)-(f) of this Rule; (c) has

appeared in a pro bono capacity in an assigned case currently pending before this

Court; (d) has served in a pro bono capacity in any case in this district that has

concluded within two years (for full-scope appointments) or one year (for limited-scope appointments); or (e) is an active member of the Criminal Justice Act Panel.

Applications for automatic relief from an impending appointment should be made

as soon as practicable, but no later than fourteen (14) business days of the date of

the Notice Letter.

(e) Scope and Duration of the Appointment.

(1) Unless the Court grants a motion to withdraw pursuant to Loc. R. Civ. P. 83.2(c),

any appointment under this Rule shall be limited to only those matters set forth in

the Appointment Order and the appointed attorney shall represent the party in the

action until a final judgment is entered (or some other order is entered terminating

the action), or the issue(s) designated by the Court have been resolved.

(2) Only in the case of a limited scope appointment, counsel shall file a notice of

termination of limited representation, upon fulfillment of the appointment. Upon

receipt of such notice, the Clerk of Court shall automatically terminate pro bono

counsel from the case and terminate pro bono counsel’s receipt of ECF

notifications related to the case. Any attorney appointed for a limited purpose

may, with the concurrence of the litigant, apply at any time for an order expanding

the appointment.

(f) Expenses.

(1) An attorney appointed pursuant to this Rule, who, for any reason is unsuccessful

in recovering costs, may apply to the Court for reimbursement of expenses incident

to the representation. Reimbursement will be permitted to the extent possible in

light of available resources and pursuant to the Guidelines Governing

Reimbursement from the District Court Fund of Expenses Incurred by Court

Appointed Counsel (“Guidelines”) available on the Court’s website,

http://www.nywd.uscourts.gov. Certain expenses require pre-approval as set

forth in the Guidelines.

(2) The Court considers any attorney appointed under this Rule to be a volunteer on

behalf of a governmental entity for purposes of the Volunteer Protection Act of

1997, 42 U.S.C. §§ 14501-05, as long as such attorney does not receive an award

of compensation for services in excess of $500 per year (other than reasonable

reimbursement or allowance, approved by the Court under this Rule, for expenses

actually incurred).