Opinion
No. CV-F-06-1407 OWW/DLB.
January 8, 2008
ORDER GRANTING IN PART AND DENYING IN PART PARENTS' MOTION TO PROCEED IN PRO PER (Doc. 41)
Victor and Jodi Yost, parents of the minor Plaintiff R.Y., move to remove Roberts Adams as counsel and to substitute themselves as counsel of record.
To the extent that the Yosts seek to represent themselves in connection with their own claims under the IDEA, the motion is GRANTED. Winkleman ex rel. Winkleman v. Parma City School District, ___ U.S. ___, 127 S.Ct. 1994 (2007).
The Supreme Court, however, did not decide whether the IDEA entitles parents to litigate their child's claims pro se. Id., at 2007. Ninth Circuit authority does not permit a parent to represent a child pro se. Johns v. County of San Diego, 114 F.3d 874, 876 (9th Cir. 1997). To the extent the Yosts' motion seeks to substitute themselves as counsel for R.Y., the motion is DENIED. Roberts Adams remain counsel for R.Y. in this action.