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Can a Pro Se person have an assistant? IAAL or someone

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CaliCat

Guest
What is the name of your state? California

My boyfriend may be pro se starting tomorrow in court. He and his appointed attorney have had three Marsden motions since they just see things way too different. His attorney, for one, doesn't see any problem with the little girl talking about being beaten by her mom with the bruises to show it. The attorney says it's normal!

(My bf sold his house to pay for his past attorney, and money still just ran out.)

Anyway, we (yes, we, since I am right there helping my boyfriend with everything) filed a recusal and some other documents, and the Judicial Counsel decided to allow the judge to stay on the case. We found out that there is a good chance that the judge will allow the attorney to substitute pro se since attorneys must offer some substitution to be relieved of a case. My bf found that law and the form for it.

However, we would both like to know if I could assist him if he goes pro se. Asside from research, would I be allowed to be up there with him as an assistant is to an attorney? Obviously I'm not paid in any way, so it's not practicing law without a license.

My bf is so emotionally involved in this case because his daughter is at risk. Presently the little girl is living with two people found guilty already of molesting her, people the child has said on forensic CAC tapes give her medicine that makes her sick, and we have ER records that show her having been given a high amount of Vicodin and METH, and the mother has already said on the stand that the child is "healthy" so that there isn't a problem with any of this. My bf can get muddle-headed when he starts to get upset. And I'm sure you would if you knew your 5-year-old had lived the last two years with child molesters and you didn't even get visitation because the courts consider you a danger for not getting treatment for a disease. A disease you have already PROVEN you DON'T HAVE!!

So all of you out there, please don't flame either of us for wanting to know if I can assist in court. If your answer is to tell me he should "be an adult" and "do it himself," keep it to yourself since, chances are, you have never lived in the kind of terror for your child that he lives in every single day, terror that he could get a phone call any time saying his daughter is dead from the latest round of drugs.

If I can assist him, and if you know it, please let me know the code. Thanks so much.
 


I AM ALWAYS LIABLE

Senior Member
CaliCat said:
What is the name of your state? California

My boyfriend may be pro se starting tomorrow in court. He and his appointed attorney have had three Marsden motions since they just see things way too different. His attorney, for one, doesn't see any problem with the little girl talking about being beaten by her mom with the bruises to show it. The attorney says it's normal!

(My bf sold his house to pay for his past attorney, and money still just ran out.)

Anyway, we (yes, we, since I am right there helping my boyfriend with everything) filed a recusal and some other documents, and the Judicial Counsel decided to allow the judge to stay on the case. We found out that there is a good chance that the judge will allow the attorney to substitute pro se since attorneys must offer some substitution to be relieved of a case. My bf found that law and the form for it.

However, we would both like to know if I could assist him if he goes pro se. Asside from research, would I be allowed to be up there with him as an assistant is to an attorney? Obviously I'm not paid in any way, so it's not practicing law without a license.

My bf is so emotionally involved in this case because his daughter is at risk. Presently the little girl is living with two people found guilty already of molesting her, people the child has said on forensic CAC tapes give her medicine that makes her sick, and we have ER records that show her having been given a high amount of Vicodin and METH, and the mother has already said on the stand that the child is "healthy" so that there isn't a problem with any of this. My bf can get muddle-headed when he starts to get upset. And I'm sure you would if you knew your 5-year-old had lived the last two years with child molesters and you didn't even get visitation because the courts consider you a danger for not getting treatment for a disease. A disease you have already PROVEN you DON'T HAVE!!

So all of you out there, please don't flame either of us for wanting to know if I can assist in court. If your answer is to tell me he should "be an adult" and "do it himself," keep it to yourself since, chances are, you have never lived in the kind of terror for your child that he lives in every single day, terror that he could get a phone call any time saying his daughter is dead from the latest round of drugs.

If I can assist him, and if you know it, please let me know the code. Thanks so much.


My response:

No, you cannot assist him, as would an attorney, in court. The "measure" is not whether you're being paid. The measure is that you don't have a License or Bar Card to practice law in front of a judge "as his attorney assistant". You may be able to sit at the "counsel table" to point out things to your boyfriend, if opposing counsel or the judge doesn't object to your presence, but you cannot speak or interrupt the proceedings in any way, shape or form.

Remember, you are NOT the litigant, and therefore, sitting at counsel table is a privilege - - that may, or may not, even be granted by the judge. You may, in fact, be relegated to sitting in the peanut gallery seats.

So, don't screw it up by saying anything aloud, or attempting to interject something, or disturbing your boyfriend when he or the judge is speaking. In other words, if you're allowed to sit at counsel table, just pass notes to your boyfriend, but DO NOT speak.

IAAL
 
C

CaliCat

Guest
Thank you. That's what I meant-sitting at the table to point things out to him and such. I don't think the judge would have a problem with me. At the first day of trial, one of the witnesses on the stand pointed me out in the regular seating because he couldn't remember my name. I just smiled at him and put my finger to my lips. No way was I going to speak! The judge, screwed up as he is, smiled at me and praised me for knowing to not speak.

So is it the judge who gets the say, or can another attorney object? My bf's ex-wife's atty. is likely to object.

Of course, the last court date, both the ex and her attorney were no-shows, so the attorney for CPS represented them and requested a continuance for one of three days, claiming to have been talking to the other attonry and knew his schedule. Is that not a conflict of interest?
 

I AM ALWAYS LIABLE

Senior Member
CaliCat said:
Thank you. That's what I meant-sitting at the table to point things out to him and such. I don't think the judge would have a problem with me. At the first day of trial, one of the witnesses on the stand pointed me out in the regular seating because he couldn't remember my name. I just smiled at him and put my finger to my lips. No way was I going to speak! The judge, screwed up as he is, smiled at me and praised me for knowing to not speak.

So is it the judge who gets the say, or can another attorney object? My bf's ex-wife's atty. is likely to object.

MY RESPONSE: A judge can object all on his/her own. It's called a "Sua Sponte" decision - - Latin for the judge can make his/her own decision without anyone's input concerning what goes on in the litigation, and what goes on in the courtroom, or the administration of justice within those four walls. Remember, the judge OWNS that room. The opposing counsel can also object to your presence. If so, you're more than likely going to be politely asked to leave counsel's table. You get up, without a word, and take a seat in the peanut gallery. So, plan for the worst by making sure your boyfriend knows what to do and say all on his own. That's the best help you could give him. Hold a "Mock Trial" with your friends.

IAAL
 

JETX

Senior Member
One thing that I might add..... if you are to be a witness or offer ANY testimony as to the issue at trial.... you may be relegated to the outside hallway if the opposing counsel were to 'invoke the rule'.
 
C

CaliCat

Guest
That's already in effect. However, to what I would have testified a lead county detective already testified. It was determined that for me to repeat what he would testify to would be redundant. So I've been in the court room for every trial. I think we've had six seperate trial days to date.
 

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