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MARYLAND RULES OF PROCEDURE
TITLE 16  - COURTS, JUDGES, AND ATTORNEYS
CHAPTER 900  - PRO BONO LEGAL SERVICE

 ADD new Rule 16-901, as follows:

 Rule 16-901.               STATE PRO BONO COMMITTEE AND PLAN

(a)  Standing Committee on Pro Bono Legal Service
    (1)  Creation

There is a Standing Committee of the Court of Appeals on Pro Bono Legal Service.

    (2)  Members

The Standing Committee consists of 13 members appointed by the Court of Appeals, as follows:

 (A) eight members of the Maryland Bar, including one from each appellate judicial circuit and one selected from the State at large;
(B) a circuit court judge selected from among at least three nominees submitted by the Conference of Circuit Judges;
(C) a District Court judge selected from at least three nominees submitted by the Chief Judge of the District Court;
 (D) the Public Defender or a designee of the Public Defender;

(E) a representative from a legal services provider organization who does not serve on a Local Pro Bono Committee; and
(F) a member of the general public.

    (3)  Terms; Chair
The Court of Appeals shall fix the terms of the members and designate one of the members as the chair.

    (4)  Consultants
    The Standing Committee may designate a reasonable number of consultants from among court personnel or representatives of other organizations or agencies concerned with the provision of legal services to persons of limited means.

  (b)  Duties of the Standing Committee

       The Standing Committee shall:
    (1)  develop standard forms for use by the Local Pro Bono Committees in developing and articulating the Local Pro Bono Action Plans and making their annual reports;
    (2) recommend uniform standards for use by the Local Pro Bono Committees to assess the need for pro bono legal services in their communities;
    (3) review and evaluate the Local Pro Bono Action Plans and the annual reports of the Local Pro Bono Committees;
    (4) collect and make available to Local Pro Bono Committees information about pro bono projects;
    (5) at the request of a Local Pro Bono Committee, provide guidance about the Rules in this Chapter and Rule 6.1 of the Maryland Lawyers= Rules of Professional Conduct;

    (6) file with the Court of Appeals an annual report and recommendations about the implementation and effectiveness of the Local Pro Bono Action Plans, the Rules in this Chapter, and Rule 6.1 of the Maryland Lawyers= Rules of Professional Conduct; and
    (7) prepare a State Pro Bono Action Plan as provided in section (c) of this Rule.

 (c) State Pro Bono Action Plan 

    (1) Generally
     Within three years after the effective date of this Rule, the Standing Committee shall submit to the Court of Appeals a State Pro Bono Action Plan to promote increased efforts on the part of lawyers to provide legal assistance to persons of limited means.  In developing the Plan, the Standing Committee shall:

 (A) review and assess the results of the Local Pro Bono Action Plans;
 (B) assess the data generated by the reports required by Rule 16-903;
(C) gather and consider information pertinent to the existence, nature, and extent of the need for pro bono legal services in Maryland; and
(D) provide the opportunity for one or more public hearings.

    (2)  Contents

    The State Pro Bono Action Plan may include a recommendation for increasing or decreasing the aspirational goals for pro bono publico legal service set forth in Rule 6.1 of the Maryland Lawyers= Rules of Professional Conduct.  The Plan should include suggestions for the kinds of pro bono activities that will be most helpful in meeting the need for pro bono legal service throughout the State and should address long-range pro bono service issues. 

Committee note:  Examples of long-range issues that may be addressed include opportunities for transactional lawyers, government lawyers, business lawyers, and in-house counsel to render pro bono legal service; opportunities for pro bono legal service by lawyers who are unable to provide direct client representation; Acollective responsibility@ for pro bono legal service when a law firm designates certain lawyers to handle only pro bono matters; and encouraging pro bono legal service among law students and in the legal academic setting.

 (d)  Publication
       The Clerk of the Court of Appeals shall cause the State Action Plan submitted by the Standing Committee to be published in the Maryland Register and such other publications as the Court directs and shall establish a reasonable period for public comment.

(e)  Consideration by the Court of Appeals
After the comment period, the Court of Appeals shall hold a public hearing and take appropriate action on the Plan.

Source:  This Rule is new.


Rule 16-902.  LOCAL PRO BONO COMMITTEES AND PLANS

Rule 16-903.  REPORTING PRO BONO LEGAL SERVICE

back to Rule 6.1