Local Rule LOCAL RULE 83.6: ASSESSMENT FOR OUT-OF-POCKET EXPENSES

LOCAL RULE 83.6 ASSESSMENT FOR OUT-OF-POCKET EXPENSES COLLECTION OF BIENNIAL ASSESSMENT SUSPENDED UNTIL FURTHER NOTICE Rule XI(A) of the Appendix to these rules is hereby amended as follows:

(1) The $5.00 assessment fee authorized in Rule XI(A) may be used to establish a "Library Fund" to reimburse attorneys for out-of-pocket expenses when the attorney has been appointed under Title 28, United States Code, Section 1915. These funds shall be used to pay only those expenses where no funds are available from other sources to cover the out-of-pocket expenses.

(2) It shall be the sole discretion of the judges if the fund collected shall be deposited to the "Appendix Rule XI(A) Fund" or to the "Library Fund." There will be a separate "Library Fund" maintained for the Eastern and Western Districts of Arkansas. Funds will be divided between the districts following each assessment. The manner for deciding the division of funds will be based upon the residence of attorneys in the court's database. Additional funds may be transferred from one district to another based upon the demonstration of need. Those fees which have been heretofore collected pursuant to Rule XI(A) of the Appendix have been deposited to the "Appendix Rule XI(A) Fund" and shall remain so deposited in an interest bearing account, to be used exclusively for the payment of costs incurred in attorney discipline matters.

(3) Until otherwise ordered by the Court, the Clerk for the Eastern District of Arkansas shall collect the $5.00 assessment fee from attorneys and deposit it into an interest bearing checking account for the reimbursement of unusual expenses of appointed attorneys in actions where counsel was appointed under 28 U.S.C. Sec. 1915, or for transfer to the "Library Fund" for the Western District of Arkansas.

(4) CUSTODIAN. The custodian of the "Appendix Rule XI(A) Fund" shall be the Clerk for the Eastern District of Arkansas. The custodians of the "Library Fund" shall be the Clerk for each respective district, whose responsibilities shall be those set out in the Accounting Standards established by these courts. A copy of the Accounting Standards shall be maintained on file in the Clerk's office in each district.

(5) APPLICATION AND DISBURSEMENT.

(a) Application. Application for disbursement from this fund shall be made in accordance with the policies and guidelines (which is Exhibit A to this Rule) established by these courts. The application will contain the information prescribed in paragraph 3 of policy guidelines.

(b) Disbursement. The custodians of the "Library Fund" shall make disbursement from the respective Funds in accordance with the policies and guidelines (Exhibit A) established by these courts. Disbursement shall be made only upon order of the proper court in the form attached hereto as Exhibit B.

(6) All other provisions pertaining to the collection of this fee pursuant to Rule XI(A) of the Appendix are made applicable to the collection of the fee for the "Library Fund."

(7) CRITERIA FOR OTHER USES FOR THE FUND. When the "Library Fund" or the "Appendix Rule XI(A) Fund" exceeds $50,000.00, the portion in each fund in excess of that figure may be used, to the extent specifically authorized by the Court for the advancement of the courts of the United States, the legal profession, jurisprudence, or other aspects of the systems of justice in the United States. Upon the approval of a majority of the judges from the district holding the funds, an order may be entered on behalf of the Courts by the Chief District Judge directing the Clerk of Court to disburse such excess funds for such purposes.

Adopted and effective July 1, 1985

(7) Amended and approved November 8, 1990 Amended and approved April 30, 2007