Judge Richard Posner
When Judge Richard Posner left the bench to assist pro se litigants — a group that he felt were left systematically disadvantaged by the federal courts — he probably didn’t expect the Fourth Circuit would prove his point so decisively.
Posner volunteered to advise William Bond in the latter’s ongoing case. Bond alleges wide-ranging abuses of power and efforts to surveil and intimidate him over his prior criticism of the federal courts. Judge Posner petitioned to join the case as an advisor to Bond, who would continue to represent himself.
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Well… that didn’t work.
The Fourth Circuit, with the public spotlight upon their treatment of pro se litigants, decided to deny Posner’s request:
…the facts and legal contentions are adequately presented in the materials before this court and argument (from Posner) would not aid the decisional process.
One suspects the Fourth Circuit thought they were being cute by claiming Bond couldn’t possibly need the assistance of a trained lawyer. After all, part of Judge Posner’s point when it comes to pro se litigation is that lawyers can be counterproductive. Unfortunately, the Fourth Circuit was too clever by half. Posner may believe a world with fewer lawyer intermediaries would be more efficient, but he’s also adamant that this present system frustrates the rights of pro se litigants at every turn. And so the court responded by… denying a pro se litigant’s entirely reasonable request. D’oh.
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So now Judge Posner is just going to join the case formally, with Bond filing to make Posner his official counsel (with Matthew Dowd as co-counsel). How did they think this would turn out for them? That Posner and Bond would say, “Oh, well, guess this didn’t work out, see you later”? This was the most predictable outcome, making the Fourth Circuit’s move exceedingly dumb.
Or maybe, like all good legal nerds, the Fourth just wanted a chance to see Posner in action. If that’s the case, then mission accomplished.
Former Judge Posner shrugs off Maryland court’s dis [Chicago Tribune]
Joe Patrice is an editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news.