United States District Court, W.D. New York
April 8, 2005.
DONA J. JACKSON, Plaintiff,
HEIDELBERG L.L.C., Defendant.
The opinion of the court was delivered by: JONATHAN FELDMAN, Magistrate Judge
Plaintiff has filed a pro se complaint alleging that
defendant violated the Americans with Disabilities Act ("ADA")
under 42 U.S.C. §§ 12112-12117. This Court is required to see
that all litigants receive proper representation of counsel under
the criteria set forth in Cooper v. A. Sargenti Co.,
877 F.2d 170, 172 (2d Cir. 1989), and Hodge v. Police Officers,
802 F.2d 58, 60 (2d Cir. 1986). In addition, courts have the inherent
authority to assign counsel to represent private indigent
litigants. See In re Smiley, 36 N.Y.2d 433, 438 (1975).
More importantly, each lawyer especially those who are
admitted to practice in federal court and who therefore are in a
position to reap the benefits of such practice has an ethical
obligation under the Code of Professional Responsibility to
provide pro bono services for the poor. New York code of
Professional Responsibility, Canon 2, EC 2-16, EC 2-25. "Every
lawyer, regardless of professional prominence or professional
workload, should find time to participate in serving the
disadvantaged." EC 2-25. In addition, Rule 83.1(g) of the Local Rules of Civil
Procedure provides as follows:
Every member of the bar of this Court shall be
available upon the Court's request for appointment to
represent or assist in the representation of indigent
parties. Appointments under this rule shall be made
in a manner such that no attorney shall be requested
to accept more than one appointment during any twelve
It is in this spirit that the Court assigns Dolin, Thomas &
Solomon, LLP, 693 East Avenue, Rochester, New York 14607, pro
bono to faithfully and diligently represent plaintiff in this
The Clerk of the Court is directed to copy the file in this
matter and send it to Dolin, Thomas & Solomon, LLP, together with
a copy of this Order and the Guidelines Governing Reimbursement
from the District Court Fund of Expenses Incurred by Court
Appointed Counsel. Plaintiff's attorney is directed to contact
the Court by May 2, 2005 to request a date for a status
conference to discuss further proceedings in this case.
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