Local Rule 83.6: Appointment of Counsel

83.6 Appointment of Counsel

(a) Civil Pro Bono Panel.

(1) The Civil Pro Bono Panel is the court's resource for identifying attorneys willing to make a pro bono contribution to the District of Montana. Names of panel members are not available to litigants or the public.

(2) Applications are available on the court's website.

(3) An attorney may, by letter to the clerk of court, withdraw from the panel at any time.

(b) Request for and Appointment of Counsel.

(1) Counsel may be appointed on a pro se party's motion or on the court's own motion with the party's consent. In social security disability cases, counsel will not be appointed unless the party acknowledges counsel is entitled to obtain compensation from any award of benefits.

(2) Generally, counsel will be consulted before appointment.

(3) With the order of appointment, the clerk will provide counsel courtesy copies of documents filed in the case to date.

(4) Unless the judge orders otherwise, counsel must represent the party only in the case in which the order is entered and through final judgment or other resolution in the district court. Counsel may but need not represent the party on appeal.

(c) Notice of Appearance. On receiving an order of appointment, counsel must immediately file a notice of appearance to ensure receipt of all future filings in the case.

(d) Withdrawal.

(1) An appointed attorney may move to withdraw as counsel pursuant to Montana Rule of Professional Conduct 1.16(a) or on counsel's certification that:

(A) counsel has a conflict of interest;

(B) counsel and client substantially disagree about litigation tactics or the application of Federal Rule of Civil Procedure 11;

(C) serious personal incompatibility makes effective representation impractical; or

(D) a compelling reason justifies withdrawal.

(2) Leave to withdraw is in the judge's discretion.

(e) Expenses.

(1) By application to the clerk, counsel may seek reimbursement for reasonable expenses, including costs of associate counsel, on an interim basis and/or at the conclusion of the case. Reimbursement is subject to availability of non-appropriated funds. Reimbursements over $3,000.00 are subject to the approval of the Non-Appropriated Funds Advisory Committee.

(2) Counsel must seek costs from adverse parties if entitled to do so and, if successful, must repay any reimbursement previously obtained from the court.

(f) Fees. An appointed attorney may seek fees from an adverse party as provided by law.

(g) Screening. Cases in which a party is proceeding without counsel and which have survived screening pursuant to 28 U.S.C. 1915(e)(2) and 28 U.S.C. 1915A shall be referred to the court's Pro Bono Panel to determine if a panel attorney is interested in entering an appearance in the matter.