Campbell v. Truw
- Nelson Roman
- 7:18-cv-05507
- U.S. District Court · Southern District of New York
- 4
In Campbell v. Truw, Judge Roman allowed counsel to withdraw, granted a request for volunteer counsel, and postponed the trial.
Demond Campbell, his former attorneys at Holwell Shushter & Goldberg LLP, and the court’s Pro Se Office were affected. The withdrawal, request for volunteer counsel, and trial schedule were addressed; the order did not resolve the underlying claims.
What happened
In Campbell v. Truw, Holwell Shushter & Goldberg LLP asked to stop representing Demond Campbell. Campbell asked for another volunteer lawyer and for the trial to be postponed because of surgery.
The court found that Campbell qualified for help because he had permission to proceed without paying filing fees, and his claim had survived summary judgment. The court also found that the case involved factual disputes and conflicting evidence that would require questioning witnesses.
Judge Roman granted the law firm’s unopposed motion to withdraw, directed the court’s Pro Se Office to request a volunteer lawyer for Campbell, and postponed the trial from January 23, 2023, to October 17, 2023.
The detailed version
- Campbell v. Truw · No. 7:18-cv-05507
- Nelson Roman
- Dec. 16, 2022
Background
Holwell Shushter & Goldberg LLP moved under Local Civil Rule 1.4 to withdraw as attorneys for Demond Campbell. The motion was unopposed. Campbell separately asked the court for a new pro bono lawyer and to postpone the trial, citing surgery expected on January 19, 2023.
Request for Volunteer Counsel
The court explained that the federal fee-waiver statute, 28 U.S.C. § 1915(e)(1), allows a court to request that a volunteer lawyer represent a person who cannot afford counsel. In a civil case, the court cannot require the government to provide or pay for a lawyer. It can request that an attorney volunteer.
The court found that Campbell met the threshold requirements for a request for counsel. He had previously been allowed to proceed without paying filing fees, and his claim appeared substantial because it had survived a motion for summary judgment. Applying the remaining factors, the court determined that a lawyer could help Campbell prepare for and participate in the trial. The court expected factual disputes and conflicting evidence requiring cross-examination, and described Campbell as an inexperienced litigant.
The court therefore granted Campbell’s request for new pro bono counsel insofar as the court could request that an attorney volunteer. The Pro Se Office was ordered to make that request.
Trial Schedule and Disposition
The court granted Holwell Shushter & Goldberg LLP’s unopposed motion to withdraw. It also ordered that the trial scheduled for January 23, 2023, be adjourned to October 17, 2023. The opinion does not decide the underlying claims in this order. Judge Nelson S. Roman signed the order on December 16, 2022.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.