Kiss v. Torres

Background

Daniel Kiss applied for the court to request pro bono counsel, meaning a lawyer who would volunteer to represent him. Kiss stated that his case began in 2020, that he had hired a lawyer, and that he later began representing himself because he could no longer afford an attorney. He said he was in an even worse financial position when he submitted the application.

Kiss also stated that he had contacted numerous attorneys, law firms, and legal organizations but had not obtained representation. The application indicated that Kiss had previously filed an application to proceed without prepaying fees and costs, or had attached a new application reflecting his current financial status.

Court’s Analysis

The court explained that a person seeking an order requesting pro bono counsel must demonstrate indigence—that is, an inability to afford an attorney. Although Kiss’s application indicated that an application to proceed without paying fees had been filed or attached, the court found that there was no such application on the docket and none was attached to the counsel request.

Ruling

Judge Kenneth Karas denied Kiss’s application for the court to request pro bono counsel without prejudice. The court stated that Kiss could renew the request and provide additional information showing, among other things, that he could not afford an attorney, such as by submitting a proper application to proceed without prepaying fees or costs. The Clerk of Court was asked to terminate the pending motion and mail a copy of the order to Kiss.