News Release
For Immediate Release: 1.7.25
Contact: John Manning, media@firstliberty.org
Direct: 972-941-4454
Parent Prohibited from Representing Child in Court Battle Asks U.S. Supreme Court to Reverse, Protect Parental Rights
Religious liberty firm also awaiting Court action on cases involving religious employment rights and religious exercise.
Washington, D.C.—Late last week, First Liberty Institute and the law firm Baker Botts L.L.P asked the Supreme Court of the United States to review a decision by the U.S. Court of Appeals for the Eleventh Circuit that prevents parents from litigating pro se on behalf of their children in federal court. Blake Warner, a parent of a minor child, wished to represent his child before a court in a matter against the School Board of Hillsborough County, Florida. However, when he tried to represent his child, the court ruled that he cannot act pro se unless he is an attorney.
You can read the petition here.
“Forcing parents to hire a lawyer in every case, whether doing so is warranted or not, puts courts in between children and their parents. This is unacceptable,” said Aaron Streett of Baker Botts. “Barring a child’s access to the courthouse simply because her parent cannot afford (or does not trust) a lawyer is not fair and should not be tolerated.”
“Parents know what is best for their children and should be able to represent them in court,” said Kelly Shackelford, President, CEO, and Chief Counsel for First Liberty Institute. “Preventing parents from representing their children deprives parents of their constitutional right to make critical decisions concerning the care, custody, and control of their kids.”
Mr. Warner brought two lawsuits pro se in federal court on behalf of himself and his minor child, J.W. Mr. Warner sued the School Board of Hillsborough County, Florida, alleging that it engaged in racially discriminatory districting practices, including strategically drawing district boundaries along demographic lines, to the disadvantage of minority students. These boundaries caused minority students, like J.W., to be “assigned to lower-performing schools while white students were assigned to higher-performing schools.” The court, however, directed Mr. Warner to “appear through a lawyer” if he wanted “to appear as plaintiff on behalf of his minor child and assert his child’s claims.” The court emphasized that “Warner may assert pro se claims on behalf of himself only,” and not on his child’s behalf.
In their petition, attorneys for Mr. Warner state, “Despite conceding that Mr. Warner’s ‘policy argument’ against mandating counsel for children was ‘appealing,’ the court invoked Devine v. Indian River County School Board, which held that ‘parents who are not attorneys may not bring a pro se action on their child’s behalf. 121 F.3d 576, 582 (11th Cir. 1997). The court held that it was ‘bound by Devine.’”
The petition argues, “While parents are typically allowed to exercise their child’s substantive and procedural rights on the child’s behalf, courts have concocted an exception for the child’s right to proceed without a lawyer. According to these courts, it does not matter if parents cannot pay for counsel or if they decide that the case does not warrant the expense—they must pay the piper or forfeit the fight. Children thus face ‘a Hobson’s choice: litigate with counsel, or don’t litigate at all.’ Raskin on behalf of JD v. Dall. Indep. Sch. Dist., 69 F.4th 280, 294 (5th Cir. 2023) (Oldham, J., dissenting in part and concurring in the judgment). This so-called ‘counsel mandate,’ Lisa V. Martin, No Right to Counsel, No Access Without: The Poor Child’s Unconstitutional Catch-22, 71 Fla. L. Rev. 831, 834 (2019) [hereinafter Catch-22], is an aberration. It infringes on multiple fundamental rights: a parent’s right to make critical decisions for his children, and a child’s rights to access the courts and do so without a lawyer.”
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About First Liberty Institute
First Liberty Institute is a non-profit public interest law firm and the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.
To arrange an interview, contact John Manning at media@firstliberty.org or by calling 972-941-4454.
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