The United States Court of
Appeals for the Second Circuit
hereby adopts this Plan to
govern the appointment of pro
bono counsel to pro se
appellants with meritorious or
complex appeals who are
ineligible for representation
pursuant to the Criminal Justice
Act,
18 U.S.C. § 3006A, and to
assist the Court in processing
pro se civil appeals more
equitably and efficiently.
Statement of Policy
The goal of this Plan is to
provide pro bono counsel to pro
se parties in civil appeals in
which briefing and argument by
counsel would benefit the
Court's review. Pro bono counsel
may be appointed on an
appellant's motion for the
appointment of counsel or sua
sponte by the Court, but all
cases selected for the
appointment of pro bono counsel
must be reviewed by a panel of
judges for a determination of
the propriety of such
appointment. Only cases
presenting issues of first
impression, complex issues of
fact or law, or raising
potentially meritorious claims
or otherwise warranting further
briefing and oral argument will
be selected for the appointment
of counsel.
Cases for which pro bono
counsel are appointed include a
broad range of legal issues.
While a significant percentage
of the cases are prisoner civil
rights, many other civil issues
are included, such as those
involving labor and employment,
discrimination, social security,
immigration, and tax law. The
Court recognizes that because
the Plan does not provide for
compensation or reimbursement
attorneys serving on the Pro
Bono Panel are rendering a
public and social service of the
greatest importance. The program
depends upon the cooperation and
volunteer efforts of the private
bar, and on the Court's
commitment to providing an
opportunity for service to
participating attorneys.
Pro Bono Panel
A.
Maintaining the
Pro Bono Panel
List
The Director
of the Office of
Legal Affairs,
under the
direction and
supervision of
the Chief Judge
or the Chief
Judge's
designee, shall
maintain the
list of the Pro
Bono Panel
members. The
list of Pro Bono
Panel members
shall include
the name of each
attorney and the
current business
and e-mail
addresses and
telephone number
of the attorney.
Attorneys
accepted for
service on the
Pro Bono Panel
must notify the
Director of the
Office of Legal
Affairs, in
writing, within
48 hours of any
changes in
business
address,
business
telephone
number, e-mail
address, or
employment.
B. Panel
Appointments
Appointments
to the Pro Bono
Panel shall be
made by the
Court upon
appropriate
recommendation
from the CJA and
Pro Bono
Committee of
this Court.
C.
Applications
1. Submission Requirements
All private attorneys seeking to be included on the Pro Bono Panel must submit to the Director of the Office of Legal Affairs an application, a resume, and three writing samples, preferably appellate briefs on which the attorney was the prime author. Applicants must be admitted to and members in good standing of the Bar of the Second Circuit and have at least three years of appellate experience. Applications for membership shall be submitted on the Court's form for Application for Appointment to the Pro Bono Panel, available on the Court's website. The Court will set and publicize an annual application period for appointment to the Pro Bono Panel.
2. Term of Appointment
Pro Bono Panel members shall serve for a term not to exceed three years, but may be removed by the Court prior to the expiration of their term (See Section D, Removal). Appointments to the Panel shall be made so that the terms of approximately one-third of the Panel members expire at the conclusion of each Term of Court. Upon expiration of the term of a Pro Bono Panel member, the Pro Bono Panel member must reapply for membership if he or she wishes to continue as a member of the Pro Bono Panel. Panel members will be selected on the basis of demonstrated qualification, skill and dedication. Because of the limited size of the Pro Bono Panel, the Court will not be able to appoint every qualified applicant to the Panel, but the Court will make an effort to rotate membership on the Pro Bono Panel in order to ensure that new applicants are given an opportunity to serve.
D. Removal
1. A Pro Bono Panel member may be removed from the Pro Bono Panel whenever the Court, in its discretion, determines that the member has failed to fulfill satisfactorily the obligations of Panel membership, including the duty to afford competent counsel, or has engaged in other conduct that renders inappropriate his or her continued service on the Pro Bono Panel. The Court may remove a Pro Bono Panel member for refusing three times to accept a pro bono appointment during the membership term.
2. A Pro Bono Panel member will be suspended automatically if the member is disbarred or suspended by any state or federal bar or arrested for, charged with, or convicted of a crime. The Panel member has an affirmative obligation to notify the Clerk of Court, in writing, within 24 hours, of any such suspension, disbarment, arrest, filing of criminal charges or conviction.
E.
Non-Panel Member
Appointments
When the
Court determines
that the
appointment of
an attorney who
is not a member
of the Pro Bono
Panel is
appropriate in
the interest of
justice,
judicial
economy, or some
other compelling
circumstance
warranting such
appointment, the
attorney may be
admitted to the
Pro Bono Panel
pro hac vice and
appointed to
represent the
pro se client.
F. Pro
Bono Appointment
Procedure
Once the
Court has
entered an order
directing that
pro bono counsel
be appointed,
counsel will be
selected from
the Pro Bono
Panel by the
Director of the
Office of Legal
Affairs. Once
counsel accepts
appointment in
the case, an
order will be
entered
appointing the
Panel member as
counsel of
record, and the
attorney may
then remove the
record from the
Clerk's Office
for his or her
use until the
appellant's
brief is filed.
G. Duties
of Appointed
Counsel
Pro Bono
Panel members
must be
reasonably
available to
accept
assignments.
Upon assignment
to represent a
client, a pro
bono attorney
shall provide
representation
in accordance
with the Canons
of Professional
Responsibility
and the
provisions of
this Plan.
Although Pro
Bono Panel
members may
allow associates
or law students
to conduct
research and
perform other
work on the
assigned case,
the attorney on
the Panel to
whom the case is
assigned will
remain the
attorney of
record and his
or her name must
appear on the
appellate brief.
This attorney
must assume the
ultimate
responsibility
for the brief
submitted to the
Court and all
other aspects of
the assigned
case.
The Pro Bono
Panel member
assigned to the
case shall
appear for oral
argument unless
excused by the
Court.
Presentation of
oral argument by
an associate
attorney or
student not
appointed under
the Plan will be
allowed only
with permission
of the Court
except as
provided in
Local Rule 46.1.
If
circumstances
arise that
require counsel
to withdraw as
counsel for the
pro bono client,
such a motion
may be based on
any of the
established
grounds for
doing so.
The pro bono
appointment
includes only
the handling of
the appeal and
the drafting of
a petition for
rehearing where
requested by the
client, but does
not include the
preparation and
filing of a
petition for
certiorari in
the Supreme
Court or any
other
proceedings in
any other court
unless
specifically
requested by
this Court.
However, in the
event of a
decision on
appeal adverse
to the client,
counsel shall
promptly
transmit to the
pro bono client
a copy of the
Court's
decision, and
advise the
client in
writing of the
right to file a
petition for
writ of
certiorari with
the United
States Supreme
Court and the
procedures for
filing a
petition for a
writ of
certiorari pro
se.
H. Fees,
Costs and
Expenses
Although pro
bono counsel
appointed by
this Court are
not compensated
by the Court for
fees, statutory
attorneys' fees
and costs are
available to pro
bono counsel to
the same extent
that they are
available to
retained
counsel.
Generally,
costs and expenses are not reimbursable for cases accepted
by pro bono counsel. Where costs and expenses,
however, create
an undue
hardship for
assigned
counsel, counsel
should contact
the Director of
Legal Affairs
prior to
incurring any
such cost or
expense. Some
limited
reimbursement
might be
available for
pro bono counsel
for whom undue
hardship exists
under the
Court's Plan for
Administration
of Attorney
Admission Fee
Fund.
The application for
appointment to the pro bono
panel is
here.
Last modified at 1/11/2012
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