98-1

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

 

IN RE:  :  
  : STANDING ORDER NO. 98-1
ESTABLISHMENT OF PRO BONO FUND :  

STANDING ORDER

    Effective June 1, 1998, the court hereby establishes a non-appropriated fund for the purpose of reimbursing court-appointed pro bono attorneys for costs necessarily incurred representing indigent litigants in civil cases.  This fund shall be referred to as the court's "Pro Bono Fund."
    The special admission fee, which is collected by the Clerk of Court pursuant to Local Rule 83.9.5 shall be deposited into the court's Pro Bono Fund.    
    The Pro Bono Fund shall be maintained by the Clerk of Court "as Trustee" in the depository designated by the court.
    IT IS FURTHER ORDERED that the Trustee shall account for and disburse from the Pro Bono Fund such sums as shall be authorized and approved pursuant to the guidelines established for the fund. The total amount for the reimbursement may not exceed $200.00 in any case.

                      /s/                                                                                             /s/                                 
SYLVIA H. RAMBO, Chief Judge                                        WILLIAM J. NEALON, District Judge

 

                       /s/                                                                                            /s/                                 
JAMES F. McCLURE, JR., District Judge                             MALCOLM MUIR, District Judge

 

                        /s/                                                                                               /s/                                 
THOMAS I. VANASKIE, District Judge                               RICHARD P. CONABOY, District Judge

 

                         /s/                                                                                             /s/                                 
A. RICHARD CAPUTO, District Judge                                 WILLIAM W. CALDWELL, District Judge

 

                         /s/                                                                                             /s/                                 
JAMES M. MUNLEY, District Judge                                     EDWIN M. KOSIK, District Judge

 

                         /s/                               
YVETTE KANE, District Judge 

 

Dated:  June 17, 1998

GUIDELINES FOR THE ADMINISTRATION OF THE PRO BONO FUND

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

A.  SOURCE OF FUNDS

        By standing order, this district has adopted a policy which provides that special admission fees collected pursuant to Local Rule 83.9.5 be deposited in the Pro Bono Fund.

B.  Purpose of the Pro Bono Fund

        The Pro Bono Fund will be used for the purpose of reimbursing court-appointed pro bono attorneys for costs necessarily incurred representing indigent litigants in civil cases.

C.  Custodian

        The Clerk of Court shall serve as trustee and custodian of the Pro Bono Fund.

D.  Procedure for Maintaining Fund

      1.  The Pro Bono Fund shall be maintained separately from any other funds of the court.

      2.  Attorneys, when specially admitted to practice before this court, shall pay an admission fee of $10 pursuant to Local Rule 83.9.5.  The fees will initially be deposited in Fund #6855XX.

      3.  At the end of every month, the total monies held in Fund #6855XX for the Pro Bono Fund will be transferred as follows:

           

           a. The financial deputy shall prepare an SF 1166 voucher to which he/she will attach a list of the attorneys who paid into the Pro Bono Fund.
           b. The voucher will be certified and a check will be issued to the trustee for all Pro Bono Fund deposits for the month.
           c. The check will be deposited in a checking account with the court-designated depository.
           d. The checking account will be established under the name of Pro Bono Fund, Middle District of PA, with the Clerk of Court identified as Trustee.
           e. At the end of any month in which the balance in the checking account exceeds $500, the excess will be transferred by check to an interest bearing account with the court-designated depository.
           f. The interest account will be established under the name of Pro Bono Fund, Middle District of PA, Interest Account, with the Clerk of Court identified as Trustee.
           g. Whenever the balance of the Pro Bono Fund interest bearing account appears to be substantial enough to warrant investment in higher interest instruments, the Trustee shall investigate what investments are available and submit a proposal to the Chief Judge for approval.

E.  Procedure for Requesting Reimbursement

     1.  At the conclusion of a case, any court-appointed pro bono attorney may request reimbursement for costs necessarily incurred provided that the attorney has not received or will not receive funds sufficient to cover the costs incurred, whether by way of a monetary judgment for the client under a contingent fee arrangement, an award of attorney's fees made by the court, or other payment.  A "Request for Pro Bono Reimbursement," including an accounting of the expenses claimed, shall be submitted directly to the Chief Judge.  The document shall not be filed with the Clerk of Court.  The form must be typewritten and include the caption of the case, case number, presiding judge and be entitled "Request for Pro Bono Reimbursement".  The document must be signed and verified by the pro bono attorney requesting reimbursement.

      2.  The total amount claimed in any case may not exceed $200.

      3.  Upon review of any request for reimbursement and after consultation with the presiding judge, the Chief Judge shall issue an order either denying the request or directing the Clerk of Court to disburse funds to the pro bono attorney.  The Request for Pro Bono Reimbursement and any order will be forwarded to the Clerk of Court.

      4.  A Pro Bono Disbursement file will be maintained by the Clerk of Court and will contain all requests for reimbursement and orders related thereto.

F.  Disbursements

        All disbursements shall be made by the Trustee by check for such sums as are authorized and approved by the Chief Judge.

G.  Reporting

        The Trustee shall file quarterly with the Chief Judge a detailed accounting of the beginning balance for the period, all funds received, all funds disbursed, and the balance on deposit at the end of the period.