Williams et al v. Community Solutions, Inc et al

Filing 76

ORDER re: pro se appearance filed by plaintiff Williams. See attached order. Signed by Judge Donna F. Martinez on 9/13/12. (Constantine, A.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
MARK WILLIAMS, et al.,

:
:
:
:
:
:
:
:
:
:

Plaintiffs,
v.
COMMUNITY SOLUTIONS, INC.,
et al.,
Defendants.

CASE NO. 3:09cv1022(AWT)

ORDER
Pending before the court is the request to appear pro se (doc.
75) filed by the plaintiff Mark Williams.
presently represented by Attorney Baird.

The plaintiff is

In a telephonic status

conference on the record on September 13, 2012, Mr. Williams said
that he wishes to continue to be represented by Attorney Baird.

He

explained that he wants to appear pro se in addition to Attorney
Baird.

The request is DENIED.

Hybrid representation is "generally disfavored." United States
v. Chavin, 316 F.3d 666, 671–72 (7th Cir. 2002).
by

statute,

personally

"parties
or

by

may

counsel

plead
as,

and

by

conduct

the

rules

As provided for
their
of

own

such

cases

courts,

respectively, are permitted to manage and conduct causes therein."
28

U.S.C.

§

1654.

"[T]he

rights

of

self-representation and

representation by counsel cannot be both exercised at the same
time. . . . Although a trial judge may in his discretion permit a
party to enjoy both halves of the statutory right . . . Section
1654 does not itself confer any right to 'hybrid representation.'"

O'Reilly v. New York Times Co., 692 F.2d 863, 868 (2d Cir. 1982).
See United States v. Tutino, 883 F.2d 1125, 1141 (2d Cir. 1989)
(The "decision to grant or deny 'hybrid representation' lies solely
within the discretion of the trial court."); Hall v. Dorsey, 534 F.
Supp. 507, 508 (E.D. Pa. 1982)(the right to representation is
"disjunctive; a party may either represent himself or appear
through an attorney."). "When a defendant who is represented by
counsel files a motion pro se, the motion need not be accepted by
the court."

United States. v. Johnson, No. 3:09–CR–247(RNC), 2010

WL 3999232, at *1 (D. Conn. Oct. 6, 2010) ("Because the defendant
is represented, his pro se motion could have been returned to him
unfiled. Since it has been filed, it is hereby denied without
prejudice."); Rhea v. Uhry, No. CV040093318S, 2005 WL 1331801
(Conn. Super. Ct. May 16, 2005) ("This court cannot find that
hybrid representation in the instant action serves the interests of
justice").
The Clerk of the Court is ORDERED to terminate the appearance
of Mr. Williams as appearing pro se.

The docket shall continue to

reflect Attorney Baird as counsel for plaintiff Williams.
SO ORDERED at Hartford, Connecticut this 13th day of September
13, 2012.
___________/s/________________
Donna F. Martinez
United States Magistrate Judge

2