Williams v. Noeth

Background

By a letter received June 24, 2021, Anthony Williams asked the court to appoint counsel to represent him in his habeas petition, a petition seeking judicial relief concerning custody.

Legal standard

The court said a district court has broad discretion to decide whether to seek pro bono representation for a civil litigant. It explained that a court does not have authority to “appoint” counsel directly; it may only request that a lawyer volunteer to represent the litigant. Because volunteer lawyer time is limited, courts should request pro bono counsel sparingly and with attention to the public benefit.

The court applied factors identified by the U.S. Court of Appeals for the Second Circuit. The first question is whether the litigant’s claims seem likely to be substantial. If they do, the court may also consider the person’s ability to obtain representation independently, ability to handle the case without assistance, the factual investigation required, the complexity of the legal issues, and the need for skilled cross-examination.

Ruling

The court stated that Williams had not made the required showing at that time and that it could not determine that his claim had merit. Judge Lewis J. Liman denied Williams’s request for appointment of counsel without prejudice. The Clerk of Court was directed to mail Williams a copy of the order.