American Express Centurion Bank v. Corum

Summary

The North Dakota Supreme Court affirmed summary judgments in two collection actions brought by American Express Centurion Bank against Karen Corum. The Court held that an unlicensed spouse could not represent Corum or conduct in-court advocacy on her behalf, and that denying the request did not violate free-speech or other rights.

Holdings

1. The two summary judgments in favor of American Express were supported by the record and proper as a matter of law.
2. A party who is not represented by a licensed attorney cannot be represented by another person, including a spouse, in a court of record in North Dakota unless state law or a Supreme Court rule authorizes it.
3. The right of free speech does not encompass in-court advocacy by a nonlawyer on behalf of another person, including a spouse, and the application of N.D.C.C. § 27-11-01 did not infringe the husband’s free-speech rights.

Questions Presented

1. Whether the district court properly entered summary judgments for American Express in the two collection actions.
2. Whether a nonparty, nonlawyer spouse may speak or conduct advocacy on behalf of a party in a North Dakota court of record.
3. Whether prohibiting the husband from advocating for Corum violated his right to free speech or Corum’s right to counsel.

Disposition

affirmed