The District of Colorado implemented its Civil Pro Bono Panel program in 2014. Program operations are dictated by Attorney Rule 15 of the court's Local Rules. The program consists of volunteer attorneys who are willing to represent individuals with limited financial means in civil matters upon request of the Court. These volunteer attorneys are not compensated for their work.
Certain conditions govern an unrepresented party's eligibility for pro bono services. The following unrepresented parties are considered eligible for appointment of pro bono counsel:
- A prisoner whose complaint has passed initial review by the court's Pro Se division;
- A non-prisoner whose complaint has passed initial review by the court's Pro Se division and who has been granted leave to proceed in forma pauperis (IFP) under 28 U.S.C. § 1915; and
- A non-prisoner who has paid the filing fee in full but also demonstrated limited financial means.
After the case has passed initial review for merit as required by D.C.COLO.LCivR 8.1 and 28 U.S.C. § 1915A, an eligible pro se party may file a Motion for Appointment of Counsel. A sample motion can be found on the court's Forms webpage here under the "Self Representation (Pro Se)" section. Certain factors, described in Local Rule LAttyR 15(f), must be addressed and explained in this motion. If the court decides that the party should indeed by assisted by appointed counsel, it will grant the motion and issue an Order for Appointment of Pro Bono Counsel. Under certain circumstances, the court may authorize a Panel attorney to serve in a limited representation capacity and will state so in this order.
Upon receipt of the court's order, a clerk randomly selects an attorney from the Civil Pro Bono Panel to represent the pro se litigant. The Panel member has 5 days to conduct a conflicts check, review the case, and otherwise confirm if the case can be accepted. Either way, the Panel member must notify the Clerk and either accept or reject the case. If the first attorney does not accept the appointment, the clerk will attempt to secure a volunteer attorney up to 3 more times. If the clerk’s fourth attempt is unsuccessful, the recruitment will end and the court will be notified that a Pro Bono attorney could not be confirmed.
If a Panel member does accept the appointment, the clerk enters a Notice of Appointment into the case. The notice names the appointed Panel attorney, either as an individual or as the coordinating attorney for a law firm. The attorney then has 30 days to formally enter an appearance into the case. Once this is done, the litigant is no longer considered "unrepresented" or "pro se" and the Panel attorney will represent the litigant until the case ends or the court orders otherwise.
It is important to note that, even if the court enters an order authorizing appointment of pro bono counsel, there is no guarantee that representation will be secured.