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
(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.