Harris Research, Inc. v. Perrine et al

Filing 336

MEMORANDUM DECISION - Ms. Smith is hereby ordered to submit to the court proof regarding her indigence, which will be placed under seal. If the court determines that she qualifies, she will be appointed counsel. Because this Order will require additi onal time in these proceedings, the court sua sponte vacatesthe present hearing set for June 7, 2011. After the issue of whether Ms. Smith will be appointed counsel is resolved, the court will reschedule the contempt hearing. See Order for details. Signed by Judge Clark Waddoups on 5/23/2011. (jtj)

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, NORTHERN DIVISION

HARRIS RESEARCH, INC.,

ORDER and
MEMORANDUM DECISION

Plaintiff,
v.

Case No. 1:05-CV-136

JEFF LYDON, LISA SMITH, and MICHAEL
WEBER,

Judge Clark Waddoups

Defendants.

Now before the court is Defendant Lisa Smith’s informal request to the court for an attorney to
represent her at the civil contempt hearing to be held on June 7, 2011, which the court will construe as a
motion to appoint an attorney. Ms. Smith is correct that an indigent person has a right to be appointed
counsel in civil contempt proceedings if there is a possibility that the person could be incarcerated. See
Walker v. McLain, 768 F.2d 1181, 1183 (10th Cir.1985). In this case, given the nature and severity of
Ms. Smith’s contemptuous behaviour, there is a chance that she could be incarcerated to attempt to
ensure that she complies with court orders. Accordingly, Ms. Smith is hereby ordered to submit to the
court proof regarding her indigence, which will be placed under seal. If the court determines that she
qualifies, she will be appointed counsel.
Because this Order will require additional time in these proceedings, the court sua sponte vacates
the present hearing set for June 7, 2011. After the issue of whether Ms. Smith will be appointed counsel
is resolved, the court will reschedule the contempt hearing.

DATED this 23rd day of May, 2011.
BY THE COURT:

____________________________________
Clark Waddoups
United States District Judge