Wood v. Corrections, ID Dept, et al

Filing 460

ORDER denying 458 Motion for Postponement of Trial; granting 459 Renewed Motion for Appointment of Renee McKenzie to Assist Lance Wood at Trial. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
LANCE WOOD,
Case No. 3:04-cv-00099-BLW
Plaintiff,
vs.

ORDER

SANDRA MARTIN,
Defendant.

The Court has before it Plaintiff’s Motion for Postponement of Trial (Dkt. 458),
and Plaintiff’s Renewed Motion for Appointment of Renee McKenzie to Assist Lance
Wood at Trial (Dkt. 459).
Plaintiff asks the Court to move the trial because he is busy working as a class
representative in the Balla prison litigation matter, as well as assisting other prisoners
with their civil cases. Mr. Wood asks the Court to continue the trial for a months.
The Court does not believe that Mr. Wood is any busier than the Court or
opposing counsel. Moreover, given the posture of this case – the fact that it was nearly
completed before a mistrial was declared – preparing for the next trial should not be all
that time-consuming. Additionally, the Court’s docket is full, and the Court would need
to continue the trial for at least several months if it were to move the trial date. This case
is already very old, and yet another delay is unwarranted. Accordingly, the Court will

ORDER - 1

deny the motion.
With regard to Plaintiff’s Motion for Legal Assistance requesting that the Court
allow Renee McKenzie of McKenzie Law Offices to assist Mr. Wood at trial, the Court
will grant the motion. However, the Court will remind Mr. Wood and Ms. McKenzie that
Ms. McKenzie may not act in any manner which would constitute the practice of law,
including but not limited to advice and aid on law, civil procedure, the rules of evidence,
strategy, or the subject matter of the trial. This includes being a conduit between a
licensed attorney and Mr. Wood.
IT IS ORDERED:
1.

Plaintiff’s Motion for Postponement of Trial (Dkt. 458) is DENIED.

2.

Plaintiff’s Renewed Motion for Appointment of Renee McKenzie to Assist
Lance Wood at Trial (Dkt. 459) is GRANTED with the limitations
explained above.

DATED: February 6, 2013

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

ORDER - 2