Pettiford v. Fischer et al

Filing 20

ORDER granting 19 Motion to Appoint Counsel. Appointed Martha E. Donovan for Paris Pettiford. Signed by Hon. Leslie G. Foschio on 3/31/2014. -CLERK TO FOLLOW UP- (SDW)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
PARIS PETTIFORD,
Plaintiff,

ORDER

v.
13-CV-436F
BRIAN FISCHER,
PAUL CHAPPIUS, JR.,
WILLIAMS, Correctional Officer,
HOSMER, Correctional Officer,
Defendants.

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). 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 Martha E. Donovan, Esq. of Chelus Herdzik
Speyer & Monte, PC., 438 Main Street, Tenth Floor, Buffalo, New York, 14202, 716-8523600, pro bono, to faithfully and diligently represent plaintiff in this case.
The Clerk of the Court is directed to copy that portion of the file in this matter that
is not currently available through PACER on the Court’s Case Management/Electronic
Case Management System and send it to Ms. Donovan, 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 The Chief Judge of the Court will also issue an
Order directing PACER to waive its fees so pro bono counsel can access and print at no
cost to her or her firm any other documents filed herein that he may need.
SO ORDERED.
/s/ Leslie G. Foschio
________________________________
LESLIE G. FOSCHIO
UNITED STATES MAGISTRATE JUDGE
Dated: March 31, 2014
Buffalo, New York

1

This information and the forms are also available on the Court’s web site at the Attorney
Information link from the home page located at <http://www.nywd.uscourts.gov/>.