What section of the law allows a person to be his or her own attorney?
I'm writeing a story and not sure exactly what section is what that states about a person able to be his own attorney. Like section B article 31 or something like that, anyone know? Thanks
- Brian GLv 61 decade agoFavorite Answer
The right to represent oneself in court stems from the 6th Amendment. It is called "pro se" or "pro per" representation.
The Supreme Court expanded the right to pro se representation, holding in Faretta v. California, 422 U.S. 806 (1975), the power to choose or waive counsel lies with the accused, and the state cannot intrude, though it later held in Godinez v. Moran, 509 U.S. 389 (1993), that the state could deny the waiver if it believed the accused less than fully competent to adequately proceed without counsel. In Bounds v. Smith, 430 U.S. 817 (1977), the Supreme Court held that the constitutional right of "meaningful access to the courts" can be satisfied by counsel or access to legal materials. Bounds has been interpreted, by several federal courts of appeals, to mean a pro se defendant does not have a constitutional right to access a prison law library to research his defense.
In Martinez v. California Court of Appeals, 528 U.S. 152 (2000), the Supreme Court ruled the right to pro se representation did not apply to appellate courts.
- 1 decade ago
That is a common law privilege, not actually stipulated by any legislation. You have a right to defend yourself, there is no law which states that a lawyer must act on your behalf. Pro Se is the legal name for representing yourself.
- jaymes_07Lv 71 decade ago
Every state has a different set of statutes. You'd have to look it up for your individual state.
- THX 1138Lv 51 decade ago
Have you ever heard the saying "Any person who represents themself has a fool for a client"?