 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Gaines v. Maynard3/19/1991
pro se litigant had a colorable claim but lacked the capacity or skills adequately to present it.
Under the standards I counsel today and those advanced by me in Cumbey, once a lawyer is appointed, he (or she) may be required to provide services without compensation as part of the lawyer's annual public service duty. If the trial judge should on remand of this cause determine that counsel's services are constitutionally necessary, and if either prisoner should ultimately prove to be successful, counsel fees might be awardable against the state. Generally, though, in meritorious cases I would opt for the immediate appointment of counsel whose compensation source would be ascertained at the litigation's end, just as in criminal cases where both the quantum and source of compensation is determined after services have been completed. In the event a prisoner's civil action is found to have been commenced in bad faith, he (or she) could be ordered to pay the court-appointed lawyer out of prison funds, if necessary.
In sum, I would remand the two cases now before the court for a special-or exceptional-circumstances inquest in an effort to ascertain whether court-assigned counsel for the indigent plaintiffs is either their state or federal constitutional due under Art. 2 ยงยง 6 and 7, Okl.Const., or under the Fourteenth Amendment's Due Process Clause.
SIMMS, Justice, dissenting:
I would deny certiorari as improvidently granted. The trial court and the Court of Appeals correctly found that these petitioners have not alleged any breach of a legal duty which would entitle them to a writ of mandamus.
I am authorized to state that Vice Chief Justice HODGES and Justice HARGRAVE join with me in the views expressed above.
Page 1 2 3 4 5 6 Oklahoma Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|