Smith v. Village of Xenia, Illinois

Filing 4

ORDER assigning Attorney Traci L. Severs for Pamela M. Smith. See Order for details. Attorney Appearance due by 10/31/2016. Further, the Court DIRECTS the Clerk of the Court to send a copy of this Order to plaintiff Smith. Signed by Judge David R. Herndon on 10/17/16. (klh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
PAMELA SMITH, as Guardian of the Estate of
the Person of Paige O. Allen and
L. Scott Wooters, disabled adults,
Plaintiff,
v.

No. 16-1118-DRH

VILLAGE OF XENIA, ILLINOIS,
an Illinois municipal corporation,
Defendant.
ORDER
HERNDON, District Judge:
This matter comes before the Court for case management. On October 7,
2016, Pamela M. Smith, as guardian of the Estate of the Person Paige O. Allen and
L. Scott Wooters, disabled adults, filed a pro se civil rights complaint against the
Village of Xenia, Illinois for violations of the Americans with Disabilities Act, 42
U.S.C. § 12132 and the Rehabilitation Act of 1973, § 504 as amended 29 U.S.C. §
794 (Doc. 1). As a pro se litigant, Ms. Smith, who does not appear to be a licensed
attorney, is prohibited from representing her children in this case.

See Nocula v.

Tooling Systems International Corp., 520 F.3d 719, 725 (7th Cir. 2008)(“one pro
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se litigant cannot represent another); Navin v. Park Ridge Sch. Dist. 64, 270 F.3d
1147, 1148 (7th Cir. 2001)(“[Father] was free to represent himself, but as a non
lawyer, he has no authority to appear as [son’s] representative”).
Thus, the Court APPOINTS Traci L. Severs, 55 Grasso Plaza, Suite 6964, St.
Louis, MO 63123 314-240-5419 to represent plaintiffs in this action.
Plaintiffs are cautioned to consult with counsel in this matter to understand
that it is the attorney who is the legal professional in this relationship. Without
commenting on the validity of the litigation, counsel is reminded and plaintiffs are
advised that counsel, even though appointed by the Court, has an obligation under
the rules to refrain from filing frivolous pleadings.

As a consequence, counsel will

likely, from time to time, advise plaintiffs against taking a certain course of action.
While plaintiffs may not totally agree with counsel’s advice, they should realize that,
in the long run, such advice will be in his best interest because it is in compliance
with the law. Also, counsel may advise plaintiffs to pursue additional claims or to
abandon certain existing claims. This, sua sponte, appointment does not prevent
counsel and client from trying to reach an agreement relative to a compensated
relationship between each of them, such as a contingent fee arrangement.
Counsel, of course, maintains an ethical obligation to fully and vigorously
represent the client, but only to the extent that it does not impede her ethical
obligation to follow the rules of the Court and the law. If plaintiff wants to be
represented by counsel, plaintiff will have to cooperate fully with counsel. The

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Court will not accept any filings from plaintiffs individually while they are
represented by counsel, except a pleading that asks that they be allowed to have
counsel withdraw from representation.
IT IS SO ORDERED.
Signed this 17th day of October, 2016.

Digitally signed by Judge
David R. Herndon
Date: 2016.10.17 13:20:50
-05'00'
United States District Judge

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