SUPREME COURT RULES OF PROFESSIONAL CONDUCT, Adkt 373 (Nev. 11-3-2004)

IN THE MATTER OF AMENDMENTS TO SUPREME COURT RULES OF PROFESSIONAL CONDUCT.

Adkt 373.Supreme Court of Nevada.
November 3, 2004.

Before DEBORAH A. AGOSTI, Associate Justice. NANCY A. BECKER Associate Justice. MARK GIBBONS, Associate Justice. ROBERT E. ROSE, Associate Justice. A. WILLIAM MAUPIN, Associate Justice. MICHAEL L. DOUGLAS, Associate Justice.

ORDER AMENDING RULE 191 OF THE SUPREME COURT RULES
MIRIAM SHEARING, Chief Justice.

WHEREAS, the Board of Governors of the State Bar of Nevada has petitioned this court for amendments to Rule 191 of the Supreme Court Rules to authorize the Board of Governors to transfer the duties of the Access to Justice Committee to a section of the State Bar of Nevada to be known as the Access to Justice Section; and

WHEREAS, it appears to this court that amendment of the Supreme Court Rules is warranted, accordingly,

IT IS HEREBY ORDERED that Rule 191 of the Supreme Court Rules shall be amended and shall read as set forth in Exhibit A.

IT IS HEREBY FURTHER ORDERED that this rule amendment shall become effective 30 days from the date of this order. The clerk of this court shall cause a notice of entry of this order to be published in the official publication of the State Bar of Nevada. Publication of this order shall be accomplished by the clerk disseminating copies of this order to all subscribers of the advance sheets of the Nevada Reports and all persons and agencies listed in NRS 2.345, and to the executive director of the State Bar of Nevada. The certificate of the clerk of this court as to the accomplishment of the above-described publication of notice of entry and dissemination of this order shall be conclusive evidence of the adoption and publication of the foregoing rule amendment.

Dated this 3rd day of November, 2004.

EXHIBIT A AMENDMENTS TO RULE 191 OF THE SUPREME COURT RULES Rule 191. Pro bono publico service.

1. Professional responsibility. A lawyer should render public interest legal service. A lawyer may discharge this responsibility by any of the following:

(a) Providing a minimum of twenty (20) hours yearly of professional services at no fee to: (1) persons of limited means; (2) a public service, charitable group or organization providing pro bono services; (3) by service in activities for improving the law, the legal system or profession; or (4) by service in connection with law-related education sponsored by the State Bar of Nevada or the Nevada Bar Foundation;

(b) Providing a minimum of sixty (60) hours yearly of professional services at reduced fee levels to persons of limited means; or

(c) Contributing a minimum of $500 yearly to an organization or group providing pro bono services.

(d) When pro bono service is performed for an individual without a fee or at a substantially reduced fee, the fee shall be agreed to in writing at the inception of the representation and refer to this rule. Legal services written off as bad debts do not qualify as pro bono service.

2. Reporting; discharge of professional responsibility. All members shall complete an Annual Pro Bono Reporting Form, indicating services performed under this rule, to be submitted to the state bar annually on a form to be provided by the state bar with the members’ fee statements. The professional responsibility to provide pro bono services as established under this rule is aspirational rather than mandatory in nature. Accordingly, the failure to render pro bono services will not subject a member to discipline.

3. Voluntary pro bono plan. The purposes of the voluntary pro bono plan are: (a) to make available legal services to those Nevadans who cannot otherwise afford them; and (b) to expand the present pro bono programs. To accomplish these goals the following committees are hereby created.

(a) District Court Pro Bono Committees. In each judicial district, the Chief Judge of the District Court shall appoint a Pro Bono Committee consisting of representatives of various members of the bench and bar as well as pro bono services and community organizations of that judicial district. The responsibility of these committees is to determine and address the specific unmet legal needs of that jurisdiction by way of a plan to be submitted to the Supreme Court. Pursuant to subsection 4 of this rule, the Pro Bono Committee may establish a foundation. The foundations are authorized to receive funds paid in satisfaction of an order of any court entered in accordance with subsection 5 of this rule and to determine the allocation and use of such funds in a manner consistent with this rule. If no foundation is established, the Pro Bono Committee is authorized to receive such funds and determine their allocation and use in a manner consistent with this rule.

[(b) Access to Justice Committee. The Access to JusticeCommittee shall consist of attorneys and lay representatives ofvarious pro bono programs, community organizations, and local barassociations. The Committee shall be a permanent committee thatshall assist in the implementation of this rule as well asfacilitate and support local efforts to improve the public’saccess to justice. The Board of Governors shall appoint themembers of the Committee, select its Chairperson, and oversee thedevelopment of the Committee’s charter.] (b) Access to Justice Section. The board of governors shall have the power to establish a permanent Statewide Access to Justice Section that shall assist in the implementation of this rule as well as facilitate and support local efforts to improve the public’s access to justice. The initial officers of the Access to Justice Section shall be the currently serving officers of the Access to Justice Committee. Thereafter, elections for officers shall be held as provided in the Access to Justice Section’s bylaws, as approved by the board of governors. The Access to Justice Section shall be composed of regular members who are licensed to practice law in Nevada and laypersons who may become auxiliary members.
4. Foundations. A district court Pro Bono Committee may establish a local foundation to actively promote the provision of civil legal services to disadvantaged persons and households within the district. A foundation established pursuant to this rule shall be created as a Nevada nonprofit corporation and is authorized to:

(a) Actively promote the observance of this rule within the district;

(b) Receive donations from members of the State Bar of Nevada and monies from the courts as provided in this rule;

(c) Distribute such funds to providers of pro bono and free or reduced fee civil legal services in the district and to public law libraries;

(d) Develop other new sources of funding and support for delivery of civil legal services;

(e) Support existing legal services and pro bono efforts and foster new projects to broaden the existing range of civil legal services; and

(f) Serve as an educational facilitator to make the community as a whole aware of the efforts being made to provide all Nevadans within the district with full access to the justice system.

5. Payment of civil sanctions to fund pro bono programs orlibraries. Subject to the limitations of this rule, a court may direct that sanctions or fines imposed under NRS 1.210, N.R.A.P. 38, N.R.C.P. 11, J.C.R.C.P. 11, or like authority be paid to a nonprofit entity or law library specified below. The court’s discretion to direct payment of sanctions or fines to a nonprofit entity or law library, however, is limited to civil sanctions imposed against counsel, parties, witnesses or others appearing before the court and expressly excludes sanctions or fines imposed against a defendant in any criminal case. Payment may be directed only to the following:

(a) A nonprofit entity or committee designated pursuant to a voluntary pro bono plan described in subsection 3 above to serve the pro bono and access to justice needs either for the judicial district in which the judicial officer presides or, if serving outside his or her judicial district, where the case is heard; or

(b) A public law library or nonprofit entity associated with a public law library located either in the judicial district in which the judicial officer presides or, if serving outside his or her judicial district, where the case is heard; or

(c) To the Nevada Law Foundation or other statewide nonprofit entity designated by the state bar to serve pro bono and access to justice needs.

(d) The supreme court may also direct payment to such nonprofit entities or public law libraries located in the judicial district in which the matter before the supreme court originated or to any other public law library in the state.

6. Limitation on authority to specify use of funds. A judicial officer who orders payment of a sanction or fine pursuant to subsection 5 must not participate in the specific determination of which entity will receive the sanction or fine or of how that sanction or fine will be used by the nonprofit entity or law library designated to receive the funds. The judicial officer may, however, serve on the board or as an officer of a nonprofit entity created pursuant to this rule, or of a law library or nonprofit entity associated with a law library, provided that he or she does not participate in specific decisions regarding the use of any sanction or fine directed to the nonprofit entity or library by that judicial officer.