Discretionary appointment of counsel

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Legislation, Housing - Discrimination

Mont. Code § 49-2-510(e)(1) specifies that the court may appoint counsel for either party in a housing discrimination case. 


In Martin v. Great Falls Rescue Mission, 2018 Mont. Dist. LEXIS 16 (Mont. Dist. Ct. 2018), a lower court observed:


The Supreme Court has not yet interpreted Mont. Code Ann. § 49-2-510(5)(e). ... A federal court applying the federal housing discrimination statute considers the plaintiff's financial resources, efforts to secure counsel, and "the merits of plaintiff's claim." Lihosit v. San Diego Hous. Comm'n, 2006 U.S. Dist. LEXIS 94208, *7-11 (S.D.Cal. 2006). Several circuits also consider "plaintiff's capacity to prepare and present the case without counsel." Id.; Anderson v. Herbert, 2014 U.S. Dist. LEXIS 12401 (D.Utah 2014).

Appointment of Counsel: discretionary Qualified: no