Free Plan for Bar Admissions - Florida

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA

In the matter of:

PLAN FOR BAR ADMISSION FEES

AMENDED AND RESTATED

Guidelinesand Plan for Administrationof Non-AppropriatedFunds. I. GENERAL
Attorneys admitted to practice in the Middle District of Florida under the conditions prescribed in Rule 2.0 I of the Rules of Practice of the United States District Court for the Middle District of Florida are required to pay to the Clerk an admission fee

of $15.00in addition to the attorneyadmissionfee setby the Judicial Conferenceofthq
United States as contained within the District Court Miscellaneous Fee Schedule, as

,

promulgated under28 V.S.C. § 1914, and a renewalfee of $20.00payableevery other year. Attorneysadmittedto practiceunderLocal Rule 2.02 or Local BankruptcyRule
2.090-1(c)(I) shall pay a pro hac vice fee of$IO.OO. The entire attorney admission fee set by the Judicial Conference of the United States will be deposited in the Treasury of the United States as required by 28 U.S.C. § 75 1(e), and the remainder of any initial fee, all renewals and all pro hac vice fees will be deposited in a local bank account in the name pf the Middle District of Florida Non-Appropriated Fund to be administered as provided

The Amendedand Restated Guidelinesand Plan for Administration of Non-AppropriatedFunds Middle District of Florida

Revised: 02/2712007

Page 1 0 f 9

herein. All existing membersof the Middle District Bar do not haveto pay the initial fee,
but shall be required to pay renewals.

II. POLICIES, RESPONSIBILITIES AND PROCEDURES

A.

Funds derived from attorney admission fees, that are in excessof those

required to be deposited in the Treasury of the United States, are non-appropriated funds and are not the property of the United States.

B.

The Clerk of the United StatesDistrict Court for the Middle District of

Florida is designated as Custodian of the Non-Appropriated Fund.
c.

The Custodian shall causethe fund to be audited on at least a biennial basis,

and at such other times as deemed necessaryor as directed by the Bench-Bar Fund Committee or the Court, and will provide an annual report to the Court on the status,

balance,andutilization of the fund.
Do

The Custodianwill be responsible the following: for (1) Receiving,safeguarding, depositing,distributing, and accountingfpr
all funds in accordancewith this Plan or as directed by the Bench-

Bar Fund Committee.All disbursements shall requirethe signature
of the Custodian and, for expensesin excess of $500, will be countersigned by a member of the Committee. (2) Establishing a checking and deposit account in a local bank.

(3)

Establishingandmaintainingan accountingsystemthat provides~

I

The Amendedand Restated Guidelinesand Plan for Administration of Non-AppropriatedFunds Middle District of Florida

Revised: 02/27/2007

Page 2 of 9

records necessaryfor audit trail and recordation of all funds and disbursements. (4)

Preparingperiodic financial statements operatingreportsas and required,and certifying that the statements reportsaccurately and reflect the financial condition of the fund. Upon recommendation adviceof the Bench-BarFund and Committee,investingfunds in excess immediateneedsin of
appropriate interest bearing accounts.

III. RESPONSmILITIES UPON APPOINTMENT OF A SUCCESSOR

A.

When a successor Custodianis appointed, outgoing Custodianwill the

prepareand sign the following statements conjunctionwith an exit audit conducted in by an auditoror disinterested persondesignated the Bench-BarFund Committee: by
A statement of assetsand liabilities.

(2)

A statement of operation or of receipts and disbursements since the period covered by the last statement of operation prepared by the

Court, (3) A statement the balancein any fund accountas of the dateof of
transfer to the successorCustodian.

B.

The successorCustodian will execute a receipt for all funds after being

The Amendedand Restated Guidelinesand Plan for Administration of Non-AppropriatedFunds Middle District of Florida

Revised: 02/27/2007

Page 3 of 9

satisfied as to the accuracy of the statementsand records provided by the outgoing Custodian

IV. BENCH/BAR FUND COMMITTEE
A Bench/Bar Fund Committee, to be appointed by the Chief Judge, is established

administrationof the fund and approvalof expenditures therefrom, The Committeewin
be composed as follows: One District Judge from each division (one of whom shall serve as Chair) Two Magistrate Judges Two Bankruptcy Judges Three attorney members of the Middle District Bar The fund is subject to audits by the Administrative Office of the United States Courts if requested or authorized by the United States District Court for the Middle

District of Florida, or the EleventhCircuit Council ExecutiveCommittee. The Court may
appoint an outside auditor to conduct such audits as the Court detemtines necessaryor appropriate.
A.

All receipts should be deposited only in federally insured banks (FDIC),

and whenever practical or feasible, all substantial sums should be placed in interestbearing accounts, government securities, or money-market funds invested in governmen~
I

obligations. Efforts will be madeto maximizethe return on instrumentsconsistentwith
the requirements of convenience and safety and with the approval of the Bench-Bar Funcll Committee.

The Amendedand Restated Guidelinesand Plan for Administration of Non-AppropriatedFunds Middl, District of Florida

Revised: 02/27/2007

Page 4 of 9

s.

Attorney admission fees collected by the Clerk which are in excessof the!

amount prescribed by the Judicial Conference and deposited to the Treasury of the Uni~d States,constitute non-appropriated funds and shall not be used for purposes which do not

inure to the benefit of the membersof the Benchor Bar in the administrationof justice.

c.

Non-appropriated funds from attorneyadmissions feesdescribed this in

Amended and Restated Plan for Bar Admission Fees shall not be used to pay, or supplement payment, for any goods, materials, salaries, expenses,services, or events for which funds provided by Congress to the Judiciary are authorized to be used.

D.

The following are examples properuseof the fund but arenot intended of

to be all inclusive:

Attorney admissionproceedings (including admissioncertificates and other expenses admissions admissions of and ceremonies.) Attorney discipline proceedings (including expenses investigating of counselfor disciplinary enforcement, travel expenses, witness and
fees in disciplinary proceedings.) Periodicals and publications for court library for which appropriated funds are not available. (4) Anatomical charts and stands for courtroom use. Computerization of library catalog. Lawyer lounge facilities and equipment.

(5) (6)

The Amendedand Restated Guidelinesand Plan for Administration of Non-Appropriated Funds Middle District Revised: of Florida 02/27/2007 Page

5 of 9

(7)

Suretybond for the Custodianof the fund. (Bond may only cover moniesin the fund.)

(8) (9)

Fees for services rendered by outside auditors in auditing the trust. Reimbursement for out-of-pocket expensesnecessarily incurred b~

court-appointed attorneys representing indigentsin civil cases not
covered by the Criminal Justice Act.

Expenses the training of court personnelfor which appropriated for funds are not available,including attendance conferences at and semInars. (11)
Court related projects for which no appropriation is available (such as historical materials or exhibits). Portraits (or photos).

Literature andprogramsregardinglegal educationand informatiorn
(14) Investitures.

Court awards. Equipmentfor photographing otheIWise or recordingCourt events
and Court history.

(17)

Jury research projects.

The Amendedand Restated Guidelinesand Plan for Administration of Non-Appropriatedfunds Middle District of Florida

Revised: 02/27/2007

Page 6 0 f 9

V. EXPENDITURE OF FUNDS

A.
Committee

All requests funding mustbe in writing, on forms approvedby the for

B.

RecurringExpenses:By August 31 of eachyear,the Committeeshall

prepare a budget for submission to the Board of Judges for approval of anticipated

revenues expenses and during the forthcomingfiscal year. Onceapprovedby the Board

expenseswithin the limits of the budget approved by the Board of Judges.
Co

Non-recurringExpenses/Special Projects: All expenditures coveredby not

the annual budget must be approved as follows:

The custodianwith the consentof the CommitteeChair shall have authorizationto approveindividual expenditures, to exceed$500 not per item; With the consentof the Committeeat a duly noticedmeeting,
expenditures up to $2,500 may be approved;

(3)

All expenditures in excessof $2,500 must be approved by the Board

of Judges uponrecommendation the Committee. of

The Amendedand Restated Guidelinesand Plan for Administration of Non-AppropriatedFunds Middle District of Florida

Revised: 02/27/2007

Page 7 of 9

VI. DISSOLUllON OF THE FUND
In the event of dissolution of the fund, all outstanding obligations must first be paid, including any expensesresulting from the required final audit Any remaining assetsshall be disposed of in ways that fulfill the purpose of the fund or returned pro-rata to the then existing attorney members of the Middle District Bar.

VII. EFFECTIVE DATE, ANNUAL RENEWALS AND DELINQUENCY
A

This plan originally became effective June , 2004,and appliesto all

applications for membership or special admissions filed thereafter.

B

All persons admitted to the Bar of this Court prior to January , 2004, were

requiredto renew their membership pay a renewalfee by July 30, 2004, and by the and
last businessday in June each year thereafter. Personsadmitted on or after January 1, 2004, were required to renew their membership by June 30, 2005, and by the last business day in June of each succeeding year, provided, however, persons admitted during the first

six monthsof any given year were not requiredto renewtheir membership until Juneof
the succeedingyear,

c.

By amendment adopted by the Board of Judges on February 22, 2006, a

renewal fee in the amount of $20.00 shall cover a two-year period and is payable every

other year commencing July 5,2006, and on the 15thday of July of even-numbered
t

The Amendedand Restated Guidelinesand Plan for Administnlion of Non-AppropriatedFunds Middle District of Ronda

Revised: 02127/2007

Page 8 of 9

yearsthereafter;provided however,persons admittedlessthan 6 monthsprior to the renewaldeadlineshall not be requiredto renewtheir membership until the next two-year renewalcycle.

D.

Any memberof the Bar of this Court who hasfailed to renew hislher

membership as required herein by the last business day in August shall be considered

delinquentand subjectto removal from the membership the Bar of this Court. of
E.

Upon the paymentora $50.00late charge,the graceperiod provided in

paragraphVII.D. abovewill be extended until September of eacheven-numbered 30 year.

F.

Applications for membership, specialadmissionand renewalshall be on

forms approved by the Clerk and accompaniedby a check in the appropriate amount. Approved by the Board of Judgesat a duly authorized meeting on the 22nd day of February, 2006. IT IS ORDERED on behalf of the Court in Orlando,Florida, this

~

day of

'~~~i.~

2007.
~

d

tVJ4

PATRICIA C. FAWSETT~ CHIEF UNITED STATES DISTRICT JUDGE

The Amendedand Restated Guidelinesand Plan for Administration of ~on.Approprialed Funds Middle District of Florida

Revised: Oil27/2007

Page 9 of 9