Opinion
3:21-cv-05500-DGE
06-14-2023
LISETTE C WILLIAMS, Plaintiff, v. DEPARTMENT OF THE ARMY, JUDGE ADVOCATE GENERAL, Defendant.
ORDER DENYING MOTION TO APPOINT COUNSEL (DKT. NO. 48)
David G. Estudillo United States District Judge.
I INTRODUCTION
This matter comes before the Court on Plaintiff Lisette C. Williams' Motion to Appoint Counsel for her minor children (“Motion”). (Dkt. No. 48.)
II BACKGROUND
Plaintiff Williams, a non-lawyer, brought suit against the United States on behalf of herself and her children. She is proceeding pro se and in forma pauperis. Her claims stem from an allegedly false report an army base nurse made to Child Protective Services (“CPS”). (See Dkt. No. 28.) The Amended Complaint asserts the nurse erroneously filed the report after Plaintiff Williams missed medical appointments which Plaintiff Williams was not aware of. (Dkt. No. 28 at 2.) Plaintiff Williams asserts the report contained her minor children's sensitive medical information. (Id. at 1-2.) Plaintiff Williams alleges her minor children suffered damages because of the false report. (Id. at 4.) Plaintiff Williams asks the Court to appoint counsel on behalf of her minor children. (Dkt. No. 48.)
III DISCUSSION
Parents or guardians ad litem may not bring lawsuits “on behalf of minor children without retaining a lawyer.” Johns v. County of San Diego, 114 F.3d 874, 877 (9th Cir. 1997). This rationale is “it is not in the interest of minors or incompetents that they be represented by non-attorneys.” Id. (quoting Osei-Afriyie v. Medical College of Pennsylvania, 937 F.2d 876, 882-83 (3rd Cir. 1991)).
The Western District of Washington previously interpreted the Ninth Circuit's holding to preclude non-lawyer parents from filing any motion on behalf of their child, including motions to appoint counsel. Williams on behalf of TLW v. Cent. Kitsap Sch. Dist, No. 21-5298 RJB, 2021 WL 9684303, at *1. Generally, this is a logical conclusion, given the Ninth Circuit's language prohibits parents from “bring[ing] an action” itself. Johns 114 F.3d at 877 (emphasis added). It follows that if a parent cannot bring an action, they cannot bring a motion in that action.
Because Plaintiff Williams is not an attorney and was not authorized to file a lawsuit on behalf of her minor children, she is unable to advance her minor children's claims and is not authorized to present any requests to the Court on behalf of her children.
A. CONCLUSION
Accordingly, and having considered Plaintiff Williams' motion, the briefing of the parties, and the remainder of the record, the Court finds and ORDERS that the Motion to Appoint Counsel is DENIED.