Dominguez Ochoa v. Ochoa Perez

Background

Respondent Isaias Sanchez Ochoa applied on August 16, 2024, for appointment of pro bono counsel—an attorney who represents a party without charging that party. The application concerned Respondent’s representation in this civil action.

Legal standard

The court explained that, unlike in criminal cases, a federal court generally cannot require an attorney to represent an indigent person in a civil case. Under 28 U.S.C. § 1915(e)(1), however, the court may ask its Pro Se Office to seek a volunteer attorney from the court’s pro bono panel.

The court applied standards requiring an initial assessment of whether the litigant’s position appears likely to have substance or some chance of success. If that threshold is met, the court may consider additional factors, including the person’s ability to obtain representation, the need for factual investigation, the complexity of the legal issues, and the need for skilled cross-examination.

Court’s reasoning

The court found that Respondent’s indigency had not yet been established. It also noted that the proceedings were in their early stages, with no discovery or summary-judgment motions yet filed. For those reasons, the court could not conclude that Respondent could not handle the case without assistance. The court also could not yet determine that Respondent’s position had a strong chance of success or that the legal issues were particularly complex.

Disposition

The court denied Respondent’s motion for appointment of pro bono counsel without prejudice to renewing the request at a later stage. The Clerk of Court was directed to terminate the motion at ECF No. 15, mail Respondent a copy of the order at the address listed in his application, and show service on the docket.