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endtyranny's avatar

What is the precedent that says a judge must help an unrepresented defendant?

Asked by endtyranny (24points) March 9th, 2012

What is the precedent that says a judge must help an unrepresented defendant and that says a judge must research precedent for an unrepresented defendant when the defendant brings cause of action but does not cite any authorities?

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5 Answers

marinelife's avatar

I cannot find such a precedent.

“Standard 6–3.6. The defendant’s election to represent himself or herself at trial
(a) A defendant should be permitted at the defendant’s election to proceed in the trial of his or her case without the assistance of counsel only after the trial judge makes thorough inquiry and is satisfied that the defendant:
(i) has been clearly advised of the right to the assistance of counsel, including the right to the assignment of counsel when the defendant is so entitled;

(ii) is capable of understanding the proceedings; and

(iii) has made an intelligent and voluntary waiver of the right to counsel.
(b) When a defendant undertakes to represent himself or herself, the court should take whatever measures may be reasonable and necessary to ensure a fair trial.”

From the American Bar Association

endtyranny's avatar

There is a precedent i read but can’t find that says that if you are in court unrepresented and you ask the court for relief or state your case simply without using actual Laws or precedent the Judge must look up the controlling case law and rule to your benefit if possible. Thank You.

SavoirFaire's avatar

You might be thinking of Gamet v. Blanchard, though that is a California case rather than a US Supreme Court case (meaning its usefulness as a precedent is limited).

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