Samantha Stone, individually and as parent, natural guardian, and legal representative of her minor children, J.S. and I.S. v. Holmdel Township Board of Education, et al.

Summary

The United States District Court for the District of New Jersey grants plaintiffs’ motion for appointment of counsel in an action alleging race-based bullying, discrimination, and retaliation involving two minor students. The court holds that the non-attorney parent may not represent the minor children pro se and concludes that the claims have arguable merit and warrant pro bono representation under 28 U.S.C. § 1915(e)(1) and the Tabron factors. The court directs the Clerk to appoint counsel from the Civil Pro Bono Panel and establishes scheduling requirements.

Holdings

1. Although a parent may qualify as a general guardian authorized to bring an action on behalf of a minor, a non-attorney parent may not represent the minor child pro se when the child's claims require adjudication. The minor must have legal representation.
2. The court exercised its discretion to appoint pro bono counsel for Stone, J.S., and I.S. because the claims had arguable merit and the Tabron factors favored appointment.

Questions Presented

1. Whether a non-attorney parent may represent her minor children pro se in federal court.
2. Whether the circumstances warranted discretionary appointment of pro bono counsel under 28 U.S.C. § 1915(e)(1) and the factors identified in Tabron v. Grace.
3. What procedural directions should govern the case after appointment of counsel.

Disposition

other