Barnett v. Westchester County
- Nelson Roman
- 7:18-cv-02483-NSR
- U.S. District Court · Southern District of New York
- 2
In Barnett v. Westchester County, Judge Roman denied Jerome Barnett’s request for free legal counsel without prejudice to renewal.
Jerome Barnett, the pro se plaintiff seeking appointment of volunteer counsel.
What happened
In Barnett v. Westchester County, pro se plaintiff Jerome Barnett asked the court to appoint a volunteer lawyer because he could not afford the costs and fees of pursuing his complaint.
The court said appointment was not warranted at that early stage because the record did not show that Barnett’s claims were likely to have substance, that the issues were especially complex, or that he could not handle the case himself. The court also noted that it had dismissed his complaint but allowed him to file an amended complaint, which he had not yet filed.
Judge Nelson S. Roman denied Barnett’s request without prejudice to renewing it later. The Clerk was directed to mail Barnett a copy of the order and record proof of service.
The detailed version
- Barnett v. Westchester County · No. 7:18-cv-02483-NSR
- Nelson Roman
- Mar. 10, 2020
Background
Pro se plaintiff Jerome Barnett asked the court to appoint pro bono counsel, meaning a lawyer who would represent him without charging him. His request was based on his assertion that he lacked sufficient funds to pay the costs and fees needed to pursue an effective complaint.
Legal standard
The court explained that it 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. Before doing so, the court must first determine whether the person’s position appears likely to have substance. If that threshold is met, the court may consider additional factors, including whether the person can obtain representation independently, handle the case without assistance, investigate the facts, address the legal issues, and conduct needed cross-examination.
Court’s reasoning
The court found no indication at that point that Barnett’s position was likely to have substance or that the case presented particularly complex issues requiring volunteer counsel. The court noted that it had recently dismissed Barnett’s complaint while granting him leave to file an amended complaint consistent with that order. Barnett had not yet filed an amended complaint, so the action remained in its early stages. The court also could not determine that Barnett was unable to handle the case without assistance, while recognizing that this assessment could change as the case continued.
Disposition
Judge Nelson S. Roman denied Barnett’s application for appointment of pro bono counsel without prejudice to renewing the request at a later stage. The Clerk of Court was directed to mail Barnett a copy of the order and show proof of service on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.