Kelly v. Warpinski

No. 04-2999-OA (Wis. Sup. Ct. filed Nov. 17, 2004); Clearinghouse Number: 55816

Description

Petitioners Ask Wisconsin Supreme Court to Declare That Impoverished Defendants in Civil Suits Have Right to Appointed Counsel

Abstract

Petitioners are requesting the Wisconsin Supreme Court to take jurisdiction of an original action and issue judgment declaring that, under Article I, Sections 21(2), 1, and 22, of the Wisconsin Constitution, petitioners have the right, in the lawsuits in which they are involved, to defend themselves with the aid of counsel provided by the circuit courts. First petitioner is the respondent in a child custody dispute. She is not represented by an attorney in the custody action since she cannot afford one and the court has not provided one for her. Petitioner requested legal assistance from her local legal services provider but was turned down due to the provider’s limited resources. Second petitioner is the custody respondent in two paternity actions. Her children’s father seeks to hold her in contempt of court for not delivering her children for visitation on two weekends. Her attorney withdrew after she was unable to pay him. Petitioners assert that hundreds of impoverished suitors in civil actions go unrepresented, not by choice, but because they cannot afford counsel. Petitioners maintain that these suitors do not know the law, and they do not know enough to ask to have counsel provided in each case. Petitioners assert that the historical and current forcing of impoverished suitors to represent themselves not only guarantees unequal justice under law but substantially interferes with the administration of justice and burdens trial judges and court personnel throughout the state. Petitioners argue that the Wisconsin Supreme Court should take jurisdiction of this action because the action meets the requisites for declaratory judgment in that (1) it is a controversy in which a claim of right is asserted against one who has an interest in contesting it; (2) the controversy is between persons whose interests are adverse; (3) petitioners have a legally protectible interest; and (4) the issue is ripe for judicial determination.

Additional Information

Attorney Information
Petitioners represented by John F. Ebbott, Legal Action of Wisconsin, 230 W. Wells St., Room 800, Milwaukee, WI 53203 (414.278.7777); Kevin G. Magee, Legal Action of Wisconsin, 31 S. Mills St., Madision, WI 53715 (608.256.3304). Amicus Wisconsin Judicare, Inc. represented by Brynne D. McBride, Erin K. McBride, Wisconsin Judicare, Inc., 300 Third St., Suite 210, Wausau, WI 54402-6100.
Docket Date
2004-11-17 06:00:00+00:00
Attorney Email
emcbride@judicare.org