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Kay v. Ehrler, 499 U.S. 432 (1991)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Kay v. Ehrler, 499 U.S. 432 (1991)
Kay v. Ehrler No. 90-79 Argued Feb. 25, 1991 Decided April 16, 1991 499 U.S. 432
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Syllabus
After respondent Kentucky Board of Elections denied petitioner Kay’s request to have his name placed on a primary ballot for President of the United States, Kay, an attorney licensed to practice in Florida, filed a civil rights action on his own behalf in the District Court, challenging the constitutionality of the state statute on which the Board relied. Although he prevailed on the merits, the court denied his request for attorney’s fees under 42 U.S.C. § 1988, and the Court of Appeals affirmed.
Held: A pro se litigant who is also a lawyer may not be awarded attorney’s fees under § 1988. Neither § 1988’s text nor its legislative history provides a clear answer to the question whether a lawyer who represents himself should be treated like a client who has an independent attorney or like other pro se litigants, who, the Courts of Appeals have correctly decided, are not entitled to attorney’s fees. However, § 1988’s overriding concern is with obtaining independent counsel for victims of civil rights violations in order to ensure the effective prosecution of meritorious claims. That policy is best served by a rule that creates an incentive to retain counsel in every case, rather than a disincentive to employ counsel whenever a plaintiff considers himself competent to litigate on his own behalf. Even a skilled lawyer who represents himself is at a disadvantage in contested litigation because ethical considerations may make it inappropriate for him to appear as a witness, and because he is deprived of the judgment of an independent third party during the litigation. Pp. 435-438.
900 F.2d 967 (CA 6 1990), affirmed.
STEVENS, J., delivered the opinion for a unanimous Court.
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Chicago: U.S. Supreme Court, "Syllabus," Kay v. Ehrler, 499 U.S. 432 (1991) in 499 U.S. 432 499 U.S. 433. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=K3X27HTVJFHP2MB.
MLA: U.S. Supreme Court. "Syllabus." Kay v. Ehrler, 499 U.S. 432 (1991), in 499 U.S. 432, page 499 U.S. 433. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=K3X27HTVJFHP2MB.
Harvard: U.S. Supreme Court, 'Syllabus' in Kay v. Ehrler, 499 U.S. 432 (1991). cited in 1991, 499 U.S. 432, pp.499 U.S. 433. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=K3X27HTVJFHP2MB.
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