Harris v. City of Milwaukee et al
Filing
15
ORDER signed by Judge Lynn Adelman on 11/13/14 requesting that Attorney Timothy Baldwin represent the plaintiff in this action, subject to the plaintiff agreeing to the Regulations Governing the Prepayment and Reimbursement of Expenses in Pro Bono Ca ses from the District Court Pro Bono Fund. Further ordering plaintiff to sign and return the enclosed Agreement to Reimburse Pro Bono Fund by November 24, 2014, if he wishes to proceed with pro bono counsel in this case. (cc: all counsel, via USPS to plaintiff, Timothy Baldwin)(dm)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
JIMMY HARRIS,
Plaintiff,
v.
Case No. 14-CV-1002
CITY OF MILWAUKEE, et al.,
Defendants.
ORDER
At the request of the court, Attorney Timothy Baldwin has agreed to represent
the plaintiff on a pro bono fee basis.
IT IS THEREFORE REQUESTED that Attorney Timothy Baldwin represent
the plaintiff in this action, subject to the plaintiff agreeing to the Regulations
Governing the Prepayment and Reimbursement of Expenses in Pro Bono Cases
from the District Court Pro Bono Fund. A copy of these regulations is attached to
this order. Pursuant to Paragraph A.1, the pro bono representation of Attorney
Baldwin is contingent on the plaintiff signing and returning the enclosed form
expressing his agreement to be bound by the Regulations.
IT IS FURTHER ORDERED that plaintiff shall sign and return the enclosed
Agreement to Reimburse Pro Bono Fund by November 24, 2014, if he wishes to
proceed with pro bono counsel in this case.
IT IS FURTHER ORDERED that a copy of this order be sent to Attorney
Timothy Baldwin, 233 North W ater Street, Suite 302, Milwaukee, W isconsin, 53202.
Dated at Milwaukee, W isconsin, this 13th day of November, 2014.
BY THE COURT:
s/ Lynn Adelman
LYNN ADELMAN
District Judge
-2-
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
JIMMY HARRIS,
Plaintiff,
v.
Case No. 14-CV-1002
CITY OF MILWAUKEE, et al.,
Defendants.
AGREEMENT TO REIMBURSE PRO BONO FUND
I am the indigent plaintiff in this action and in consideration of the Court
requesting an attorney to represent me I hereby agree to reimburse the District Court
Pro Bono Fund out of any proceeds received (1) in settlement of my claim or claims
or (2) upon prevailing other than by settlement of my claim or claims, for any
expenses and/or costs which are either prepaid from the District Court Pro Bono
Fund or incurred by my pro bono attorneys in accordance with the Regulations
Governing the Prepayment and Reimbursement of Expenses in Pro Bono Cases.
Date:
___________________________
____________________________
Jimmy Harris
-3-
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF WISCONSIN
REGULATIONS GOVERNING THE PREPAYMENT AND
REIMBURSEMENT OF EXPENSES IN PRO BONO CASES
FROM THE DISTRICT COURT PRO BONO FUND
A.
ELIGIBILITY FOR PREPAYMENT OR REIMBURSEMENT OF EXPENSES
1.
2.
B.
In order to have the Court recruit an attorney to represent an indigent party
in a civil action in the United States District Court for the Eastern District of
Wisconsin, the indigent party must first agree in writing to reimburse the
District Court Pro Bono Fund out of any proceeds received (1) in settlement
of his/her claim or claims, or (2) upon prevailing other than by settlement of
his/her claim or claims for any expenses and/or costs which are either
prepaid from the District Court Pro Bono Fund or incurred by the indigent
party’s recruited attorney in accordance with these regulations.
When an attorney has been recruited by the Court to represent an indigent
party in a civil action in the United States District Court for the Eastern
District of Wisconsin, that attorney shall be allowed to petition the Court for
the prepayment or reimbursement of expenses incurred in the preparation
and presentation of the proceeding, subject to the restrictions of these
regulations and the availability of funds.
LIMITATIONS ON ELIGIBILITY
1.
Limited to Civil Actions Before the District Court
Only those expenses associated with the preparation of a civil action in the
United States District Court for the Eastern District of Wisconsin shall be
approved for reimbursement or prepayment. No costs associated with the
preparation or presentation of an appeal to the United States Court of
Appeals or the United States Supreme Court shall be reimbursed unless
otherwise approved by the Advisory Committee for the Administration of the
District Court Pro Bono Fund and the chief judge upon prior application by
the recruited attorney.
PLAN FOR THE ADMINISTRATION OF THE
DISTRICT COURT PRO BONO FUND
2.
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Not Applicable if Criminal Justice Act Funds are Available
In any proceeding where expenses are covered by the Criminal Justice Act
(C.J.A.), 18 U.S.C. § 3006A, they shall be paid from such funds in
accordance with C.J.A. guidelines and not from the District Court Pro Bono
Fund.
3.
Limit on Total Expenses Covered by Fund
The judge to whom the case is assigned is authorized to approve
prepayments or reimbursements totaling $1,000.00. Any expenditure of
$500.00 or more requires preapproval by the judge to whom the case is
assigned and, if necessary, by the chief judge. If the total of the
prepayments or reimbursement of expenses requested and those already
allowed exceed $1,000.00, the judge shall forward the request to the chief
judge together with a recommendation. In no event shall more than
$3,000.00 in such expenses be paid for a party in any proceeding. When
two or more parties in the same civil proceeding are represented by pro bono
counsel recruited by the Court, the limits established in this section shall
apply to the costs incurred on behalf of a party, provided that in no
proceeding shall the total amount paid from the Fund exceed $6,000.00,
regardless of the number of parties so represented.
C.
PROCEDURES FOR OBTAINING PREPAYMENTS OR REIMBURSEMENTS
1.
Request for Authority to Incur Expense
For those expenses where authority to incur is required prior to incurring
them, the request for authority to incur the expense shall be made by motion
filed with the judge to whom the case is assigned. The motion shall set forth
briefly the nature of the request, the reason for the request and the estimated
amount of the expense. Counsel also shall submit a completed “Request for
Prepayment or Reimbursement of Expenses” form.
2.
Request for Prepayment or Reimbursement of Expenses
Any application for the prepayment or reimbursement of expenses shall be
on the “Request for Prepayment or Reimbursement of Expenses” form
approved by the advisory committee and available on request from the clerk
of the court. The request shall be accompanied by sufficient documentation
to permit the Court to determine that the request is appropriate and
reasonable and, where the request is for reimbursement, that the amounts
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have actually been paid out. The request shall be filed with the judge to
whom the case is assigned. Requests may be made at any time during the
pendency of the proceedings and up to 60 days following the entry of
judgment in the proceedings. The assigned judge may, for good cause
shown, extend the time for filing a request.
3.
Requests for Reimbursement by Attorney No Longer Representing
Party
Where an attorney recruited under this Court’s Pro Bono Plan is permitted
to withdraw from representing the party in a proceeding and the attorney has
incurred expenses which may be reimbursable under these regulations, he
or she shall file a request for reimbursement within 60 days of the date of the
entry of the order allowing the withdrawal. Except for good cause shown, the
Court will not allow reimbursement of expenses where the request was filed
more than 60 days after the entry of the order of withdrawal.
4.
Request Shall Be Made Ex Parte
Any request made under C1, C2 and/or C3 of this section setting forth
procedures for obtaining prepayments or reimbursements shall be made ex
parte.
5.
No Vested Right to Reimbursement or Prepayment
Recognizing the pro bono nature of the representation, there shall be no
vested right to prepayment or reimbursement and the availability of funds
may limit such payments.
6.
Processing by Clerk
Upon receipt of the voucher form indicating the amounts approved by the
Court for prepayment or reimbursement, the clerk of the court shall check to
determine whether or not any payments had previously been paid out of the
District Court Pro Bono Fund to cover expenses in the same proceeding. If
no such payments had been made, the clerk shall promptly issue the
required check or checks in the amount indicated on the voucher form or the
limit set by these regulations, whichever is lower. Where payments had
previously been made from the Fund for expenses in the proceedings, the
clerk shall check to see if the amounts authorized by the current voucher,
together with amounts previously paid, would require additional approval by
the chief judge because the total exceeds the limits set by these regulations
for amounts approvable by the assigned judge. Where such approval is
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required, the clerk shall promptly transmit the voucher to the chief judge with
notice of such transmittal to the judge assigned to the case. Upon receipt of
the voucher approved by the chief judge on the voucher form, the clerk shall
promptly issue the required check or checks in the amount indicated on the
voucher form or limit set by these regulations, whichever is lower. If the chief
judge disallows any or all of the amounts requested, the clerk shall promptly
transmit to the submitting attorney and the assigned judge a copy of the
voucher showing the action of the chief judge.
7.
Attorney Obligation to Pursue Taxation of Costs
Absent exceptional circumstances, wherever taxation of costs is permitted,
the recruited attorney shall apply for such costs and pursue collection of
same.
8.
Amounts Paid from Fund to be Reimbursed From Any Fee Award
Where a fee and costs award is made by a judge to a recruited attorney, the
attorney awarded fees and costs shall, upon receipt of the monies awarded,
promptly repay the District Court Pro Bono Fund any amounts paid to him or
her under these regulations.
9.
Reimbursement of Prepaid Amounts Where Party Accepts Settlement
In any instance in which a party for whom counsel has been recruited
accepts a settlement, any amounts which have been prepaid from the District
Court Pro Bono Fund shall be repaid in their entirety to the Pro Bono Fund
out of the proceeds received by the party, unless otherwise ordered by the
judge to whom the case is assigned.
10.
Reimbursement of Incurred Amounts Where Party Accepts Settlement
In any instance in which a party for whom counsel has been recruited
accepts a settlement, and no provision is made in the settlement terms to
cover the expenses incurred by court-recruited counsel (i.e., not prepaid to
counsel) that would otherwise be covered by these regulations,
reimbursement of such expenses shall not be authorized by the judge to
whom the case is assigned or the chief judge, except upon a showing of
good cause for the absence in the settlement terms of a provision to cover
such expenses.
PLAN FOR THE ADMINISTRATION OF THE
DISTRICT COURT PRO BONO FUND
11.
Page 5
Reimbursement of Prepaid Amounts Where Party Has Prevailed Other
Than By Settlement
In any instance in which a party for whom counsel has been recruited
prevails other than by a settlement, any amounts which have been either
prepaid from the District Court Pro Bono Fund or incurred by the indigent
party’s attorney in accordance with these regulations, shall be repaid in their
entirety to the Pro Bono Fund out of the proceeds received by the party,
unless such amounts are awarded as taxable costs against the losing party
or parties or unless ordered otherwise by the judge to whom the case is
assigned.
12.
Attorney Fees Not Precluded
Nothing in these regulations shall be construed to preclude an attorney who
is recruited to represent an indigent party from seeking a fee for his/her work
performed in connection with such representation where a recovery is
obtained for the indigent party.
D.
EXPENSES AND COSTS ALLOWED BY REGULATIONS
1.
Criminal Justice Act Limits to Apply in Absence of Specific Limits
Except as specified by these regulations, the amounts and types of
expenses covered by these regulations shall be governed by the guidelines
for administering the Criminal Justice Act, 18 U.S.C. § 3006A. (See also
Guide to Judiciary Policies and Procedures, Volume VII, Section A, Chapters
II and III).
2.
Deposition and Transcript Costs
The costs of depositions and/or transcripts shall not exceed the regular copy
rate as established by the Judicial Conference of the United States and in
effect at the time any transcript or deposition was filed, unless some other
rate was previously provided for by order of the Court. Except as otherwise
ordered by the Court, only the cost of the original of any transcript or
deposition, together with the cost of one copy each where needed by
counsel, shall be allowed.
3.
Travel Expenses
Travel by privately owned automobile may be claimed at the rate currently
prescribed for federal judiciary employees who use a private automobile for
PLAN FOR THE ADMINISTRATION OF THE
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conduct of official business, plus parking fees, tolls, and similar expenses.
Transportation other than by privately owned automobile may be claimed on
an actual expense basis. Per diem in lieu of subsistence is not allowable;
only actual expenses may be reimbursed. Actual expenses reasonably
incurred shall be guided by the prevailing limitations placed upon travel and
subsistence expenses of federal judiciary employees in accordance with
existing government travel regulations.
4.
Service of Papers; Witness Fees
Those fees for service of papers and the appearances of witnesses that are
not otherwise avoided, waived or recoverable may be reimbursed from the
District Court Pro Bono Fund.
5.
Interpreter Services
Costs of interpreter services not otherwise avoided, waived or recoverable
may be reimbursed from the District Court Pro Bono Fund at the going
government rate.
6.
Costs of Photocopies, Photographs, Telephone Toll Calls, Telegrams,
Faxes
Actual out-of-pocket expenses incurred for items such as photocopying
services, photographs, telephone toll calls, telegrams, and faxes necessary
for the preparation of a case may be prepaid or reimbursed from the District
Court Pro Bono Fund.
7.
Other Expenses
Only expenses listed in subsections 1-6 of Section D are eligible for
reimbursement without prior approval obtained from the assigned judge or
by the chief judge, if required.
E.
RESTRICTIONS ON PREPAYMENTS OR REIMBURSEMENTS
1.
General Office Expenses
General office expenses, including personnel costs, rent, telephone services,
secretarial help, office photocopying equipment, and any general expenses
that would normally be reflected in the fee charged to a client are not
reimbursable from the District Court Pro Bono Fund.
PLAN FOR THE ADMINISTRATION OF THE
DISTRICT COURT PRO BONO FUND
2.
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Computer-Assisted Research/Printing
Any costs incurred in conducting computer assisted legal research are not
reimbursable from the Fund. The expense of printing briefs, regardless of
the printing method utilized, is not reimbursable from the Fund.
3.
Costs/Fees Obtained by Adverse Party
Under no circumstances shall any payments be authorized from the District
Court Pro Bono Fund to pay for costs or fees taxed as part of a judgment
obtained by an adverse party against a party for whom counsel was recruited
pursuant to the rules of this Court.
4.
Responsibility to Seek Costs/Fees
The Court may disallow reimbursement of expenses if he or she determines
that recruited counsel did not pursue reasonable courses of recovery of
expenses, including seeking statutorily permitted costs and fees, prior to
application for reimbursement from the Fund.
5.
Lack of Documentation
The judge assigned to the case or the chief judge may refuse to permit
prepayment or disallow reimbursement of any expense based upon the
absence of documentation that such expense is appropriate or reasonable
or, that an expense for which reimbursement is requested, actually was
incurred.
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