Addendum II: Plan for Appointment of Counsel in Special Civil Appeals

PURPOSE:

To provide representation in special cases for persons who are financially unable to obtain the services of counsel.

CRITERIA:

Under this plan, the court may appoint counsel to represent a party or parties to a civil matter pending before the court when:

1. the person is financially unable to obtain the services of counsel;

2. the person is not entitled to appointed counsel under the provisions of the Criminal Justice Act or other source of legal assistance;

3. the litigation presents complex and significant legal issues, the outcome of which may have wide impact;

4. it is manifestly clear that the services of counsel are necessary for the effective presentation of the issues to the court; and

5. the interests of justice require that counsel be assigned to assist the litigant who would otherwise be compelled to proceed pro se.

PROCEDURE:

When, upon the application of a party or upon the court’s motion, it is determined that in an appeal or other proceeding criteria required by this plan are satisfied, a judge may order the appointment of counsel to represent the eligible party.

The appointment of counsel under this plan may be made from a panel of attorneys maintained pursuant to the court’s plan to implement the provisions of the Criminal Justice Act or otherwise.

The appointment will remain effective throughout all stages of a proceeding in this court, including the filing of a petition for writ of certiorari to the Supreme Court, if requested to do so by the client, but subject to the provisions of Section VII of the Court’s Criminal Justice Act Plan.

PRO BONO SERVICES AND EXPENSES:

The court is very appreciative of the service of the attorneys taking appointments under this plan. Due to limited resources, however, the court is generally unable to compensate counsel for either attorney time or expenses. Appointments are made with the understanding that services will be provided pro bono and that expenses will be absorbed by counsel. In an exceptional case counsel may submit a motion seeking limited reimbursement of out-of-pocket costs or expenses. Any motion filed must address the exceptional nature of the case.

If a motion is filed and granted, reimbursement for reasonable and necessary out-of-pocket expenses will be subject to the limitations applicable to counsel appointed under the Criminal Justice Act. Those limitations are outlined in the court’s CJA Advice to Counsel guidelines, and in the Guidelines for Administering the Criminal Justice Act and Related Statutes. Both documents may be found on the court’s website. The Chief Judge, or any judge on the panel assigned to the appeal or other proceeding, may address a motion for expenses and may authorize payment of expenses from the Attorney Admission Fund.

Counsel appointed and compensated under this plan may not accept payment for their services from their clients or anyone on their behalf.