Rich v. Associated Brands, Inc.
Filing
118
ORDER granting 99 Motion to Appoint Counsel. Appointed Catherine Creighton for Michael N. Rich, Jr. Signed by Hon. Leslie G. Foschio on 9/22/2011. (SDW)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
MICHAEL N. RICH, JR.,
Plaintiff,
ORDER
v.
ASSOCIATED BRANDS, INC.,
08-CV-666S(F)
Defendant.
Plaintiff has filed a pro se complaint under 42 U.S.C. § 1983 and has requested
appointment of counsel pursuant to 28 U.S.C. § 1915(e)(1) (Doc. No. 99). This Court is
required to see that all litigants receive proper representation of counsel under the
criteria set forth in Cooper v. A. Sargenti Co., 877 F.2d 170 (2d Cir. 1989), and Hodge
v. Police Officers, 802 F.2d 58 (2d Cir. 1986). In addition, courts have the inherent
authority to assign counsel to represent private indigent litigants. See In re Smiley, 36
N.Y.2d 433, 438 (1975).
More importantly, each lawyer — especially those who are admitted to practice
in federal court and who therefore are in a position to reap the benefits of such practice
— has an ethical obligation under the Code of Professional Responsibility to provide
pro bono services for the poor. New York Code of Professional Responsibility, Canon
2, EC 2-16; EC 2-25. "Every lawyer, regardless of professional prominence or
professional workload, should find time to participate in serving the disadvantaged." EC
2-25. In addition, Rule 83.1(g) of the Local Rules of Civil Procedure provides as
follows:
Every member of the bar of this Court shall be available
upon the Court’s request for appointment to represent or
assist in the representation of indigent parties.
Appointments under this rule shall be made in a manner
such that no attorney shall be requested to accept more
than one appointment during any twelve month period.
It is in this spirit that the Court assigns Catherine Creighton, Esq., Creighton,
Pearce, Johnsen & Giroux, 560 Ellicott Square Building, 295 Main Street, Buffalo, NY
14203, 716-857-0007, pro bono, to faithfully and diligently represent plaintiff in this
case.
The Clerk of the Court is directed to copy the file in this matter and send it to Ms.
Creighton, together with a copy of this order and the Guidelines Governing
Reimbursement from the District Court Fund of Expenses Incurred by Court Appointed
Counsel.1
SO ORDERED.
/s/ Leslie G. Foschio
________________________________
LESLIE G. FOSCHIO
UNITED STATES MAGISTRATE JUDGE
Dated: September 22, 2011
Buffalo, New York
1
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