Knox v. Furlong et al

Filing 79

AMENDED ORDER re 78 Order, Terminate Motions, Add and Terminate Attorneys, Set Hearings. Signed by Magistrate Judge Donald G. Wilkerson on 5/6/13. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

TED KNOX,
Plaintiff,
vs.
KATHIE BUTLER, et al.,
Defendant(s).

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CIVIL NO. 3:10-cv-1001-GPM-DGW

AMENDED ORDER
Wilkerson, Magistrate Judge:
On May 3, 2013, this Court recruited attorney Schmitt to represent Plaintiff in this matter.
This Order amends the May 3, 2013 Order as follows:
Attorney Schmitt is encouraged to share his responsibilities with an associate who is also
admitted to practice in this district court. Attorney Schmitt shall enter his appearance on or before
May 20, 2013.
Plaintiff is cautioned to consult with his counsel in this matter and to understand that it is
Attorney Schmitt who is the legal professional in this relationship. Without commenting on the
validity of the matter in litigation, counsel is reminded and plaintiff is advised that counsel, even
though appointed by the Court, has an obligation under the rules to refrain from filing frivolous
pleadings. As a consequence, counsel will likely, from time to time, advise Plaintiff against taking
a certain course of action. While Plaintiff may not totally agree with counsel’s advice, he should
realize that, in the long run, such advice will be in his best interest because it is in compliance with
the law. Also, counsel may advise Plaintiff to pursue additional claims or to abandon certain
existing claims.
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Counsel, of course, maintains an ethical obligation to fully and vigorously represent his
client, but only to the extent that it does not impede his ethical obligation to follow the rules of the
Court and the law. If Plaintiff wants to be represented by counsel, he will have to cooperate fully
with counsel. The Court will not accept any filings from Plaintiff individually while he is
represented by counsel, except a pleading that asks that he be allowed to have counsel withdraw
from representation. If counsel is allowed to withdraw at the request of Plaintiff, it is unlikely the
Court will appoint other counsel to represent him.
Because Plaintiff is proceeding in forma pauperis, if there is a monetary recovery in this
case (either by verdict or settlement), any unpaid out-of-pocket costs must be paid from the
proceeds. See SDIL-LR 3.1(c)(1). If there is no recovery in the case (or the costs exceed any
recovery), the Court has the discretion reimburse expenses. The funds available for this purpose
are limited, and counsel should use the utmost care when incurring out-of-pocket costs. In no
event will funds be reimbursed if the expenditure is found to be without a proper basis. The Court
has no authority to pay attorney’s fees in this case. Counsel is encouraged to enter into a fee
contract with Plaintiff to address both the payment of attorney’s fees and costs should
Plaintiff prevail.
Finally, counsel is informed that Plaintiff is currently incarcerated by Illinois Department
of Corrections at the Menard Correctional Center. Information about the facility is available at
www.idoc.state.il.us.

Counsel

may

use

the

Illinois

Department

of

Corrections’

videoconferencing system to confer with Plaintiff. The Court asks the AssK
nistant Attorney General assigned to this case to facilitate those arrangements.
The Clerk of Court is DIRECTED to send a copy of this Order and the standard letter
concerning appointment of counsel to Attorney Schmitt immediately. The Clerk shall also send a

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copy of this Order to Plaintiff directly.
IT IS SO ORDERED.
DATED: May 6, 2013
___________________________
United States Magistrate Judge

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