The First District Court of Appeals is launching a new pro bono program to match lawyers desiring to brief and argue appeals pro bono with indigent unrepresented parties. Judge Pierre Bergeron, the court’s Administrative Judge, is excited about this program.
“We have a substantial percentage of pro se cases, both civil and some criminal, and many of these litigants just can’t get a lawyer,” said Bergeron. “We also know there are a lot of lawyers, particularly junior ones, who really want the experience and would be eager to take pro bono cases. It’s time to bring those two groups together.”
The program requires parties desiring a lawyer to submit a single-page application explaining the basics of the case and the issue(s) to be raised on appeal. The court will then refer applications to the Legal Aid Society (for civil cases) or the Ohio Justice and Policy Center (for criminal cases). Those organizations will then review the cases and determine if they are a good fit for pro bono counsel. “We’re grateful to those organizations for pitching in to help get this program off the ground,” said Judge Bergeron. Priority will be given to cases involving complex issues, a lengthy record, and/or a matter of first impression.
While not limited to junior lawyers, the program seeks to address a chronic problem in the legal profession: junior lawyers often cannot get meaningful in-court experience. The First District, however, grants oral argument by default in nearly all cases, so it provides an excellent opportunity for lawyers seeking to develop their oral argument skills. Lawyers participating in the pro bono program can also apply to be included on the First District’s panel of court-appointed lawyers (for cases with a right to counsel).
Interested pro bono lawyers should reach out to the court’s new administrator, Julie Kahrs Nessler. “Lawyers should reach out and let us know if they’re willing to take civil cases, criminal, or both. If they don’t feel like they have adequate experience and would like to be paired with a more senior mentor, we can make those arrangements,” said Nessler.
Lawyers will need to either satisfy a minimum level of appellate experience or commit to taking three appellate CLE hours in the coming year. Alex Durst, chair of the CBA’s Court of Appeals committee, is working with Judge Candace Crouse and others to get some appropriate CLEs on the calendar. “It’s challenging to get these scheduled while we’re still dealing with COVID, but we’re going to be creative,” said Durst. “For lawyers participating in the pro bono program, CLEs will be free.”
This pro bono program is modeled after those offered by a handful of appellate courts around the country.
“Few courts offer these programs, but we’re committed to being an innovative court, and this program is an important step in that direction,” said Bergeron. In addition to the pro bono program, the First District is working with the Supreme Court to improve its case management process to help achieve greater efficiencies. The First District will implement the new case management system later this year to facilitate a number of positive changes, and it recently submitted a technology grant application to the Supreme Court to help the court modernize.
“We’re excited about these developments and we welcome input from the bar as we explore these and other possibilities,” said Nessler.
Compiled by CBA staff