WASHINGTON D.C. — Independent Women’s Law Center (IWLC) and a coalition of 18 other amici filed an amicus brief in Warner v. Hillsborough County School Board, urging the U.S. Supreme Court to consider a lower court rule that prohibits parents from representing their children pro se (without a lawyer), thereby infringing on parents’ deeply rooted constitutional right to raise their children as they see fit.
Originally a school redistricting case, the issue on appeal to the Supreme Court has important implications for parental rights and children’s ability to access the courts. All Americans have the right to represent themselves in court without a lawyer. In theory, children also have this right; however, they cannot exercise that right because they “lack the capacity” as minors. Therefore, a parent must exercise his or her child’s rights on their behalf.
Shockingly, the Eleventh Circuit held that a parent cannot represent their child in court pro se, thereby creating a “counsel mandate” dismissing a child’s claim if his/her parent cannot afford to hire an attorney. This “counsel mandate” bars children from accessing the courts, and infringes on multiple fundamental rights including a parent’s right to make decisions for their children. Ultimately, judicial review of rights violations are not available to parents and the children of parents who cannot afford a lawyer.
Beth Parlato, senior legal advisor for Independent Women’s Law Center, said, “It is inconceivable that a parent is barred from representing their child’s interests in court and their ability to seek justice for their children. Parents know what is best for their children, and are in the position to be their child’s best advocate and protector. Forcing parents to retain an attorney places an undue burden on parents and their children, depriving both of their fundamental right to self-representation.”
IWLC’s brief can be found here.
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