Washington v. Naomi Berrie Diabetes Center

Background

Deneene Washington moved for appointment of counsel on May 24, 2021. The opinion states that she was already represented by counsel, but that counsel had made only a limited appearance for settlement purposes.

Legal standard

The court explained that a district court has broad discretion to request volunteer counsel for a civil litigant. It also explained that a court cannot require an attorney to take the case; it can only request that an attorney volunteer. Under the factors described in Hodge v. Police Officers, the court first considers whether the claims appear likely to have substance. If they do, the court may also consider the litigant’s ability to obtain representation independently, handle the case without assistance, investigate the facts, address legal complexity, and conduct cross-examination.

Ruling

The court stated that Washington had not made a sufficient showing at that time to warrant a request for counsel to represent her at trial. The opinion does not expressly label the motion “granted” or “denied.” It states that the court had appointed counsel on a limited basis to try to settle the case. The court also adjourned all previously scheduled dates pending the settlement discussions and stated that new dates would be set promptly if the discussions were unsuccessful.