Brett Kimberlin’s petition for a writ of certiorari in the Kimber v. Reality LOLsuit appeal has been posted on the Supreme Court’s online docket. As noted yesterday, he is proceeding without a lawyer. A pro se party or amicus can make written filings on his own behalf, but only attorneys who are members of the Court’s bar or admitted pro hac vice can participate in oral argument.
Kimberlin has included this in his petition—
IANAL, but the Sixth Amendment right to counsel applies to criminal cases, but Kimberlin has brought a civil suit. I don’t believe there is anything in the Federal Rules of Civil Procedure, the Federal Rules of Appellate Procedure, or the Supreme Court’s Rule concerning recruiting counsel for pro se litigants. Yes, district courts occasionally recruit lawyers to help filter out pro se complaints, see e.g., LOLsuit VII: Degenerations, but I can’t find any record of the Supreme Court recruiting counsel for a pro se petitioner in a civil matter.
Again, IANAL, but I intend to ask several attorneys for their opinions of Kimberlin’s petition.