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Friday, May 13, 2016

Ind. Courts - Chief Judge Young, SD Indiana, proposes mandatory pro bono rule today

Here is the just posted page on the Southern District of Indiana web site, presenting "Proposed Local Rule 87 - Representation of Indigent Litigants."

Here the the 6-page Rule and Comments. The drafter's notes begin:

Proposed Rule 87 is introduced for consideration and comment out of necessity.

The Southern District of Indiana has an especially high volume of pro se and prisoner litigants. Over half of the district’s civil case load is initiated pro se, and over half of the pro se cases are brought by prisoners. This requires the court to frequently recruit counsel to represent pro se litigants pursuant to 28 U.S.C. § 1915(e)(1).

In recent years, the Seventh Circuit has increasingly emphasized that § 1915(e)(1) requires district courts to recruit counsel for pro se litigants in a significant proportion of pro se cases, especially in complex cases brought by prisoners. See, e.g., Rowe v. Gibson, 798 F.3d 622 (7th Cir. 2015); Henderson v. Ghosh, 755 F.3d 559 (7th Cir. 2014). Moreover, the Seventh Circuit has stated that “courts should strive to implement programs to help locate pro bono assistance for indigent litigants,” Perez v. Fenoglio, 792 F.3d 768, 785 (7th Cir. 2015), and noted that the “mandatory nature” of the Northern District of Illinois’s program makes it superior to strictly voluntary programs, Dewitt v. Corizon, Inc., 760 F.3d 654, 659 (7th Cir. 2014).

The proposal ends:
Comments concerning the proposed rule amendment are welcome. Comments must be submitted in via email or in writing on or before June 12, 2016.
The main page also indicates there is a FAQ, but the link currently does not work.

Posted by Marcia Oddi on May 13, 2016 10:36 AM
Posted to Indiana Courts