Local Rule RULE 83.11: RELIEF FROM ASSIGNMENT

RULE 83.11 RELIEF FROM ASSIGNMENT

(a) Grounds and Application After assignment, counsel may apply to be relieved of an order of assignment only on the following grounds or on such other grounds as the assigning judge finds adequate for good cause shown:

(1) A conflict of interest precludes counsel from accepting the responsibilities of representing the party in the action.

(2) Due to another extraordinary professional commitment, counsel lacks the time necessary to represent the party.

(3) Irreconcilable differences have arisen between counsel and the party they were appointed to represent that make it impossible for the attorney/client relationship to continue.

Any application by counsel for relief from an order of assignment on any of the grounds set forth in this section shall be made to the judge promptly after the attorney becomes aware of the existence of such grounds, or within such additional period as may be permitted by the judge for good cause shown. The Court will decide whether relief from assignment is warranted, whether another attorney should be assigned, and whether any further action is required before any merits-based decision is rendered.

(b) Order Granting Relief

(1) If an application for relief from an order of assignment is granted, the judge may issue an order directing the assignment of another attorney to represent the party. Such assignment shall be made in accordance with the procedures set forth in SDIL-LR 83.9(b). Alternatively, the judge shall have the discretion not to issue a further order of assignment, in which case the party shall be permitted to prosecute or defend the action pro se.

(2) Where the judge enters an order granting relief from an order of assignment on the grounds that counsel lacks the time to represent the party due to the extraordinary burden of other professional commitments, the name of counsel so relieved shall, except as otherwise provided in the order, automatically be included among the names selected for the next panel.

(c) Refusal of Assignment An attorney who is not relieved of an assignment but still refuses to represent the party shall, on Order of the Court, be stricken from the roll of the bar of this Court for two years, during which time the attorney will not be permitted to appear pro hac vice. An attorney so removed from the roll must reapply for admission to the bar of the Court, pay the general admission fee, and will only be admitted upon the approval of all district judges. An attorney securing readmission will be added to the current pro bono panel and assigned to a case at the earliest opportunity.