Discretionary appointment of counsel

Federal , Legislation , All Basic Human Needs

28 USC 1915(e)(1) states that a federal court “may request an attorney to represent any person unable to afford counsel.”  

 

The Supreme Court has said that this provision does not give a court the authority to “appoint” counsel, but rather can only ask an attorney to serve willingly.  Mallard v. United States District Court, 490 U.S. 296 (1989).  The statute also does not provide for compensation for appointed counsel.

 

For more on § 1915, see our comprehensive bibliography.

Appointment of Counsel: Discretionary
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.