she is “amazed and gratified” at the number
of lawyers who have already indicated their
interest (in the last week of December, that
number was 47 in Division One alone,
according to a lawyer–coordinator.)
“That tells me we have a bar to be
proud of,” she adds.
Unlike typical pro bono programs, the
litigant will not request an attorney.
Instead, the court will identify cases that
would benefit from counsel or briefing and
transmit those names to two experienced
lawyer–coordinators, who will then match
lawyers and litigants.
In Division One, the coordinator is Kim
Demarchi (at Lewis Roca Rothgerber). In
Division Two, it is Andrew Jacobs (at Snell
& Wilmer).
Demarchi has been pleased at the early
response.
“It’s nice to see people excited about a
program that matches appellate attorneys
with people who need this weird appellate
thing we are able to do.”
Judge Johnsen says all the judges
appreciate what the attorneys are doing,
and she suggests the court is “happy to pro-
vide oral argument and
briefing opportunities”
even in matters where the
court might not typical-
ly seek oral argument.
“We will try to pro-
vide a full appellate
experience.”
Judge Thumma adds
that he hopes the pro-
gram will be “a fabulous
opportunity for profes-
sional development.”
“And it is an oppor-
tunity for the court to do
some great things state-
wide, all based on the
willingness of lawyers to
step up.”
For detail about how to step up, see the box at left.
Attorneys who have the inclination (and skill) to brief and argue appellate cases may get the chance, courtesy of a new initiative of the Arizona Court of Appeals. The program will match pro bono attorneys with litigants who would otherwise represent themselves. The court and its staff will determine which cases or matters would most benefit from lawyers’ expertise; two lawyer–coordinators (one each for Divisions One and Two) will then match lawyers to cases.
Modeled on a similar program at the United
States Ninth Circuit Court of Appeals that has been
in place for 21 years, its adoption was suggested by Judge
Sam Thumma.
“We saw a need not being met,” says Judge Thumma. “Our primary
focus as a court is to get it right.”
In the effort to get it right, judges of the court agreed that better
briefing often results in better decisions.
Large numbers of pro se litigants are rightly considered a substantial
challenge at the trial court level, but the pro se effect is often underestimated at the appellate level.
Court of Appeals Division One Presiding Judge Diane Johnsen notes,
“As many as one-third of our noncriminal cases have unrepresented
litigants.”
The impact of that is significant, she says. Committed to a just
result, the court and its staff attorneys must expend substantial time
and resources in legal research. The court could be
greatly aided, she adds, if many of those cases or
particular motions were addressed by skilled attor-
neys.
The judges won’t predict how many cases or matters may ultimately be referred to pro bono attorneys. But the court’s two divisions resolve about
2,700 cases per year, and lawyers may be called on
for a portion of that number.
Judge Thumma admits he is excited at the program’s possibility to help three stakeholders: the oth-erwise-pro se litigants, the court, and the lawyers
who may benefit from the experience and the “
face-time” in oral argument.
“This whole thing rides on the backs of lawyers,”
says Judge Thumma, “who are willing to volunteer
their time, blood, sweat and tears to do the right
thing.”
“Without them, this program couldn’t exist.”
Judge Thumma says he is “flabbergasted at the
response” of lawyers to a program that only launched
on December 10. Judge Johnsen agrees, adding that
CHANGE OF VENUE
BY TIM EIGO
AZ AT
Attorneys Sought for Appellate Pro Bono Program
Change of Venue
looks at unique
legal happenings,
trends or niche
practices.
It takes you off
the legal highways onto the
legal byways.
Send stories or
story ideas to
arizona.attorney
@ azbar.org
MORE Getting Involved
Division One:
www.azcourts.gov/coa1/
ProBonoRepresentation
Program.aspx Division Two:
www.appeals2.az.gov/
probono.html
INFORMATION
Here is
for attorneys interested in
applying to participate in the
Court of Appeals pro bono
program
