Federal Court Prisoners Civil Rights Pro Bono Project revived
By Jason Green
For The Lawyers Journal
March 16, 2007—An Allegheny County Bar Association program that aids both inmates and judges has been revived with an infusion of new volunteers.
The Federal Court Prisoners Civil Rights Pro Bono Project provides representation to federal prisoners who have filed non-frivolous civil rights claims. The program helps inmates by providing them competent and free counsel while aiding the court system by allowing trials to run more smoothly than they would if the inmate represented himself.
The project was started a number of years ago by U.S. Magistrate Judge Ila Jean Sensenich and U.S. District Judge Donald E. Ziegler in conjunction with the Allegheny County Bar Foundation, said U.S. Magistrate Judge Lisa Lenihan, who helped revive the project. In March 1999, the court entered an order to create a plan for prisoner counsel. No government money was set aside to create the project, so a fund was established from filing fees to cover costs associated with the cases.
In recent years, however, the number of willing participants dwindled and a new effort to find attorneys to participate was needed, said Lenihan.
“As the years passed, lawyers didn’t have the time, need or inclination to do the work,” said Lenihan, who participated in the project as an associate at Dickey, McCamey & Chilcote. “It just wasn’t working.”
Project organizers, she said, spoke with representatives of Pittsburgh’s larger firms and sections of the bar association to garner interest. A continuing legal education class also was held. Program promoters sell the project as an opportunity to gain trial experience, Lenihan said.
The results have been positive. “We now have a renewed group of lawyers interested in taking these cases,” Lenihan said.
“Previously, a list of volunteers existed, but the program was not active and took only a few cases per year,” said Lorrie Albert, the Allegheny County Bar Association’s pro bono coordinator. Now, more than 40 attorneys and 10 law students have signed on for the project.
“I think it is great. The program is much better than it was,” Albert said. Attorneys who take these cases play an important role, Linihan said. Pro se litigants make holding a trial difficult, she said, because they are not educated in the law. They often ask inappropriate questions, which bring objections that bog down the process.
According to Lenihan, when the prisoner civil rights trials involve pro se litigants, the cases often take twice as long to try.
There also is a security factor when inmates represent themselves. Security wants high risk prisoners in leg shackles, making it tough to try the case. Judges also do not want juries to see prisoners in leg shackles.
To ease the time burden on the pro bono attorneys, judges will not assign the cases until they are trial ready. Counsel will only be appointed after dispositive motions. Lenihan said the attorney will then be able undertake limited discovery and will have approximately one month to prepare the case prior to jury selection.
“It is a great opportunity to interact with the court and try a case with minimal stress,” Lenihan said.
“It is a great program to get experience in federal court because you will get to try the case,” Albert added.
So far, the project has provided attorneys for one case and was searching for a group to take a second case, said Colleen Willison, chief deputy of operations for the U.S. District Court for the Western District of Pennsylvania.
Willison also points to experience as a selling point of the project. “Typically, as a young lawyer, it may take years to get inside a courtroom,” she said. “This will put you there.” Willison said she’s hopeful that renewed energy will provide more opportunities to appoint counsel. “There seems to be more support for the new program,” she said.
Attorneys who have participated in years past say taking part in the project is worthwhile. “It is an excellent opportunity to get a federal court trial,” said David Sweitzer, an attorney with Meyer, Unkovic & Scott. “Practically speaking, any time you can get trial experience, it is a good thing.”
Sweitzer, who handled two cases for the project, said the court is understanding of pro bono attorneys and quickly reimburses costs. He said he would recommend taking part in the project to other attorneys. “It is especially good for young lawyers who do not have a lot of trial experience,” he said.
Kirsten Rydstrom said the project allowed her to get involved in something she ordinarily would not do on a daily basis. “It is a good way for us to give back and help the courts and people who need it,” said Rydstrom, an attorney with Reed Smith.
Reed Smith associates have tried cases and gained courtroom experience in the process, she said. “It is a terrific experience,” Rydstrom said. “They’ve had good results.”
Attorney Adrian Roe took part in the project when asked by a judge. While he said he enjoyed working on his case, he stressed that there is a time commitment involved with working on the cases. “I think you need to understand the commitment being made,” he said. Roe, a partner in the firm Watkins, Dulac and Roe, said he would take another case as long as he found the claim to be meritorious, compelling, and not too complex.
This pro bono opportunity is open to all bar members. It offers invaluable trial experience to young associates while assisting indigent prisoners to secure their civil rights.