Local Rule L.R. 83-7: Duty of Attorneys to Accept Appointments in Certain Civil Actions

N.D. Ind. L.R. 83-7 Duty of Attorneys to Accept Appointments in Certain Civil Actions

(a) Duty. Every bar member should be available to represent, or assist in representing, indigent parties whenever reasonably possible.

(b) Procedure. If the judge assigned to a case involving a party proceeding in forma pauperis determines that representation of the party by an attorney is warranted under 28 U.S.C. § 1915 (e)(1) or 42 U.S.C. § 2000e-5(f), the judge may direct the clerk to request that a bar member represent the indigent party.

(c) Entry of Appearance. An attorney who accepts a request to represent an indigent party must enter an appearance for the party within 14 days after accepting the request.

(d) Representation, Relief, and Discharge. The following are subject to the judge's discretion:

(1) whether the attorney should continue representing the party;

(2) whether to relieve the attorney from the appointment; and

(3) whether to discharge the attorney.

(e) Expense Reimbursement.

(1) Petition. Attorneys may seek reimbursement of reasonable expenses incurred representing an indigent party by filing a petition with the court either before the expenses are incurred, or within 90 days after they were incurred. The petition:

(A) may be made ex parte; and

(B) must be accompanied by documentation sufficient to permit the court to determine the request's appropriateness and reasonableness.

(2) Type of Expenses. The court may approve reimbursement of expenses necessary to prepare and present a civil action in this district. The court will not approve payment for appeal-related expenses or for costs or fees taxed as part of a judgment against the indigent party.

(3) Source. Approved reimbursements are paid from the Library and Court Administration Fund.

(4) Repayment Upon Recovering Attorney's Fees. An attorney who receives a fee award must promptly repay all reimbursements.