Federal Pro Bono Programs in Colorado

• Publication year: 2022
• Pages: 14

Federal Pro Bono Programs in Colorado No. Vol. 51, No. 6 [Page 14] Colorado Lawyer June, 2022

ACCESS TO JUSTICE

BY JAMES JUO

Over the past 15 years, pro se filings in the federal U.S. District Court for the District of Colorado have averaged around 30% of the total number of civil cases filed per year in that court. In 2020, there were 1,247 pro se case filings, which represented 32.3% of the total number of federal civil cases filed in Colorado. While unrepresented plaintiffs account for the bulk of those needing pro bono assistance, defendants such as small business owners, homeowners, and law enforcement/prison officials historically account for approximately 12% of the need for pro bono counsel.^[1]

For such unrepresented litigants, the District of Colorado has established programs such as the Civil Pro Bono Program, the Federal Pro Se Clinic, and the Federal Limited Appearance Program (FLAP).

In general, the Civil Pro Bono Program finds long-term pro bono representation for pro se litigants of limited means, the Federal Pro Se Clinic provides pro se litigants with short-term legal advice about federal litigation, and FLAP provides pro se litigants with limited pro bono representation in connection with a specific court appearance.

Civil Pro Bono Program

The Civil Pro Bono Program was formed under the leadership of Chief Judge Wiley Y. Daniel in 2013 as a pilot program to match volunteer attorneys and law firms with pro se litigants of limited means in civil cases.^[2] The court's Standing Committee on Pro Se Litigation then developed a permanent program in partnership with the Faculty of Federal Advocates (FFA), which previously had worked closely with court staff to align interested attorneys with pro se parties needing pro bono assistance. Local Attorney Rule 15, Civil Pro Bono Representation, formalized the program in 2014 as a permanent local rule in the District of Colorado. From July 2019 through the end of 2020, the program helped 67 parties obtain pro bono legal representation in the District of Colorado.^[3]

The program establishes a Civil Pro Bono Panel (Panel) of eligible attorneys who are willing to represent, without compensation, eligible unrepresented parties in civil actions to provide general or limited representation when requested by the court. The court initiates the process by granting a pro se litigant's motion for appointment of counsel. The case is then assigned to an appropriate Panel member, who may accept or decline the case.^[4] A list of pro bono cases (prisoner and...