Vol. 36, Number 7—July 2004

Pro Bono Program Flourishes In Northern District of Illinois

"The measure of any society is not how the rich fare or are treated, but whether the cause of the poor can be heard and, when merited, vindicated in the same way as others more advantaged," Chief Judge Charles Kocoras of the Northern District of Illinois told a recent gathering of lawyers in Chicago.

He added, "Pro bono service is fulfilling and enriching in ways neither measurable nor limited. When success is realized, it brings memories which last a lifetime. And even when the best of efforts fall short of victory, it affords pride in the attempt."

His inspiring words were spoken during the district court's Fifth Annual Pro Bono and Public Interest Service Awards Ceremony. The ceremony gives special recognition to some of the up-to-300 lawyers who each year provide free legal help in a civil case in the district court. (The Latin phrase pro bono publico means "for the public good.")

"The pro bono program we have is a great program," said Senior Judge Marvin Aspen, who as chief judge initiated the annual awards ceremony.

"Everyone is a beneficiary," he said. "The public is better served because we can ensure effective representation to all indigents in civil cases. The court is better served, and the lawyers who participate tell me they receive a wonderful sense of satisfaction."

Other federal courts sponsor pro bono programs as well, but the Northern District of Illinois takes it a step farther—it is mandatory for many lawyers.

The large number of lawyers who are members of the district's general federal bar—licensed to practice law in that federal court—must meet certain experience and education requisites to join the district's trial bar. Such membership allows a lawyer to litigate in the federal court beyond filing motions and attending status calls.

It also requires a lawyer to be available to represent indigents when called to do so in a civil case.

"Because we have such a large bar, being called on is maybe a once- or twice-in-a-career thing," Aspen said. "It's been extremely well received by the trial bar."

Trial bar admission fees are used to reimburse lawyers for out-of-pocket expenses, such as paying for transcripts or hiring expert witnesses. But a pro bono lawyer's time spent on an assigned case is not compensated.

From four to eight recipients earn a plaque and ceremonial recognition each year. At this year's ceremony in May, American Bar Association President-Elect Robert Grey Jr. delivered the keynote speech.

"There are always more outstanding nominees than we could give awards to," said Sally Elson, the district court's senior staff attorney. "Without the mandatory trial bar, I do not believe any of this would work. We have developed a culture of pro bono work that encourages attorneys to treat these cases as any other. I think this is why we have such good results from the majority of our appointments."

In congratulating this year's winners, Kocoras referred to a 1761 letter in which John Adams described the essence of pro bono service.

"John Adams asks to what greater object, to what greater character, can we aspire as lawyers than to assist the helpless and friendless in a worthy cause," he said. "I say there is none. To devote your skill and energy to the plight of another, without promise of a material reward for oneself, is what sets us apart as professionals . . . .We can never forget that there is a more noble cause to be served than the mere pursuit of individual wealth for ourselves."