Charrette v. Commissioner of Social Security
- James Donato
- 3:24-cv-06392
- U.S. District Court · Northern District of California
- 1
In Charrette v. Commissioner of Social Security, Judge Donato gave Anjele Jaame McCullough 60 days to obtain counsel, denied a fee-waiver application, and warned of dismissal without prejudice.
Anjele Jaame McCullough must obtain a lawyer admitted to the Northern District of California's bar within 60 days or the case will be dismissed without prejudice. Denise Charrette's application to proceed without paying filing fees was denied.
What happened
In Charrette v. Commissioner of Social Security, Denise Charrette filed a Social Security appeal without a lawyer on behalf of her 23-year-old son, Anjele Jaame McCullough.
The court said there was no indication that Charrette was an attorney and that she could not represent her son in federal court. McCullough therefore had to appear through a lawyer who is admitted to practice in that court.
The court gave McCullough 60 days from September 23, 2024, to obtain counsel and said the case would be dismissed without prejudice if no lawyer appeared. Judge James Donato also denied the application to proceed without paying filing fees because Charrette completed it as the applicant and left it incomplete.
The detailed version
- Charrette v. Commissioner of Social Security · No. 3:24-cv-06392
- James Donato
- Sept. 23, 2024
Background
Denise Charrette filed this Social Security appeal without a lawyer on behalf of her 23-year-old son, Anjele Jaame McCullough. The opinion states that there was no indication Charrette was an attorney. The court cited its local rule stating that a person representing themselves must appear personally and may not delegate that responsibility to someone who is not a member of the court's bar. The court also cited a Ninth Circuit decision stating that a parent may not proceed without a lawyer on behalf of their children.
Rulings
The court ordered McCullough to appear through an attorney who is a member of the court's bar within 60 days from the date of the order. It stated that the case would be dismissed without prejudice if an attorney did not appear on McCullough's behalf. The court denied the application to proceed without paying filing fees because Charrette completed the application as the applicant and the application was incomplete.
The opinion did not decide the underlying Social Security appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.