Court Appointed Counsel
The first canon of the Canons of Professional Ethics provides that all professionals practicing general or notarial law have an ethical duty to offer legal services free of charge and without the expectation of compensation from individuals who cannot afford it due to their in forma pauperis status. In addition, they are obliged to accept and carry out pro bono assignments.
The Rules for the Appointment of Counsel in Puerto Rico (Rules) facilitate compliance with said ethical obligation by establishing various alternatives to ensure that everyone has access to legal representation. Any attorney can fulfill their obligation through the following:
Introduction to the Rules
- Rules for the Appointment of Counsel in Puerto Rico
- Executive Summary of the Report of the Secretariat of the Judicial and Notarial Conference of the Supreme Court of Puerto Rico
- Report of the Secretariat on the Draft Rules for the Appointment of Counsel in Puerto Rico
- Resolution on accreditation process of completed pro bono hours under the Rules for the Appointment of Counsel in Puerto Rico
What are the Rules for the Appointment of Counsel in Puerto Rico?
These are rules adopted through the inherent power of the Supreme Court of Puerto Rico to regulate the practice of law in Puerto Rico and to establish the necessary procedures to facilitate the sound administration of justice.
The purpose of these rules is to implement an electronic system for the uniform administration of court appointments in applicable civil and criminal proceedings, encourage pro bono work, and facilitate compliance by all attorneys with their ethical duty to offer legal services free of charge to indigent persons.
When did the Rules take effect?
The Rules took effect on January 1, 2020. These repealed the previous rules that applied to court appointments in criminal cases and now regulated court appointment in civil cases, which had been recognized by caselaw, or in the opinion of the Supreme Court of Puerto Rico.
Before these rules took effect, court appointments in civil cases were made from registries or lists created in each judicial region, which caused certain problems and inconsistency in appointments. Now, under the current rules, appointment of counsel both for criminal and civil cases are uniformly administered through a centralized electronic system called the Court Appointment Module, which manages the pool of attorneys for court appointments. This seeks to establish a better system of appointment of counsel for all attorneys.
Have the Rules been amended?
Yes. Since their adoption, the Rules have been revised to better serve their purpose and to promote the most efficient operation of the court appointment system. Below is a list of all amendments, beginning with the most recent:
- In re Amendments to the Rules for the Appointment of Counsel in Puerto Rico, ER-2022-03
- In re Special Measures for the Rules for the Appointment of Counsel in Puerto Rico in light of the COVID-19 Emergency, ER-2020-05
- In re Amendments to the Rules for the Appointment of Counsel in Puerto Rico, ER-2020-01
- In re Amendments to the Rules for the Appointment of Counsel in Puerto Rico, ER-2019-05
- In re Adoption of the Rules for the Appointment of Counsel in Puerto Rico; Amendment to Rule 36 of the Rules of the Continuing Legal Education Program and to Rule 9 of the Rules of Supreme Court of Puerto Rico
What benefits and duties of the Rules apply to legal professionals?
The following are some of the benefits of the Rules :
- They allow for the appointment of counsel in applicable criminal and civil proceedings to provide legal services to low-income individuals;
- They create an automated system for the uniform selection and appointment of counsel;
- They establish a scheme of exclusions and exemptions as a means to keep up-to-date the pool of attorneys who may receive a court appointment;
- They introduce the concept of judicial areas, which are the grouping of two or more judicial regions, to achieve a more uniform and equitable distribution of court appointments;
- They allow for attorney’s fees and reimbursement of reasonable expenses as compensation for services rendered under a court appointment;
- They encourage attorneys to comply with their ethical and professional duties by providing alternative methods of rendering legal services to low-income individuals;
- They establish a mechanism to request and receive credit hours for pro bono work offered in accordance with these Rules.
As for their duties, attorneys must submit an annual declaration through the E-Court to determine whether they will be included in the pool of attorneys for court appointments. The information provided in this declaration serves to organize the pool of attorneys based on the type of case (civil or criminal), seniority, and judicial area.
Forms of Compliance
What are the alternatives that the Rules provide to comply with offering pro bono services?
Attorneys can choose how to meet their ethical duties of providing pro bono services to low-income individuals and communities. Such services are not limited to legal representation before the court. Therefore, the Rules provide several alternatives for attorneys to fulfill this ethical duty. These are:
- Court Appointments: To remain in the pool of attorneys and be available to receive a court appointment when necessary. An attorney may also request the court, from the moment the attorney assumes representation in civil or criminal proceeding, to be appointed as counsel to an indigent person the attorney voluntarily chose to represent free of charge, which would give way to the benefits and duties recognized under the Rules. The first 30 hours rendered in a court appointment are considered pro bono hours. However, an attorney can apply to join the Volunteer Attorney Panel to be among the first positions in the pool of attorney, regardless of seniority or judicial area (as the attorney must select at least two areas to receive court appointments), in which case the attorney may charge for services rendered from the moment the attorney assumed representation, without having to render a minimum of 30 pro bono hours
- Authorized Entities: To offer legal advice and representation or notarial services to low-income individuals and communities through an entity or organization authorized by the Office of Court Administration. With a certification of the pro bono hours issued by said entity or organization, an attorney may apply for an exemption from court appointments for the next fiscal year.
- Voluntary Pro Bono Representation: To request the court to certify the pro bono hours served representing an indigent client the attorney voluntarily chose to represent in a case before the court, provided that the court is notified and from the moment the attorney assumed representation and no attorney’s fees will be collected and the court authorizes it. The hours certified may be used to apply for an exemption from court appointments for the next fiscal year.
- Appointment as Legal Advisor: To request the court to certify the hours spent providing legal advice to a person who wishes to represent themselves at any stage of the proceedings, if the assistance was provided at the request of the court. Certified hours may be used to apply for an exemption from court appointments during the next fiscal year.
Do the Rules require attorneys to offer 30 hours of pro bono services on an annual basis?
No. The Rules provide that an attorney may request to be exempted from the pool of attorneys for court appointments if they provided 30 hours of pro bono services through the methods established therein during the previous fiscal year. Therefore, an attorney can decide how to fulfill their duty:
- By rendering 30 hours of pro bono service through the different alternatives provided in the Rules—through authorized entities, by voluntary representation, and as a legal advisor—and applying for an exemption to the pool of attorneys for court appointments.
- By being part of the pool of attorneys for court appointments and, if assigned a case, by accepting the appointment and offering the service required, unless there is just cause to prevent the attorney from accepting the appointment.
Law professionals who choose to join the pool of attorneys for court appointments satisfy their ethical duty whether or not they have received a court appointment. They comply simply by being available to receive a court appointment.
Court Appointment Program
What is the Court Appointment Program?
The program seeks to facilitate collaboration agreements with organizations that offer free legal services to refer low-income individuals in need of legal representation and to implement the court appointment system in accordance with the Rules for the Appointment of Counsel in Puerto Rico.
How does the Program work?
The Court Appointment Program has judicial area coordinators who assist with the operation of the court appointment system and address the needs of the judicial regions. They also answer consultations judges may submit concerning the application of the Rules for the Appointment of Counsel in Puerto Rico, thus facilitating and supporting the program’s efficiency.