West Virginia Supreme Court justices last week struck down an order issued by a McDowell County judge restricting access to the courts for pro se litigants.
Circuit Judge Booker T. Stephens in April 2014 filed an administrative order requiring all litigants without an attorney to get prior approval from a judge before filing a civil lawsuit.
Stephens' "blanket 'administrative order,'" justices wrote, "impermissibly limits all pro se litigants' access to the Circuit Court of McDowell County."
The order Stephens entered regarded, "vexatious, intimidating, harassing and frivolous filings and court personnel security in pro se litigation in magistrate and circuit courts," the memorandum decision filed Monday states.
In July 2014, Larry Paul McClure Sr., an inmate at the McDowell County Correctional Center attempted to file a lawsuit against his former lawyer's handling of a case.
Pursuant to the administrative order, McClure was required to file a petition seeking to file a court action without an attorney, along with a notarized affidavit reciting his legal issues. Ultimately, Stephens didn't allow McClure to file his complaint.
McClure, in turn, appealed to the Supreme Court, arguing Stephens and McDowell Circuit Clerk Francine Spencer violated his constitutional right to have meaningful access to the courts.
Justices agreed and said Stephens' order was null and void.
According to the West Virginia Constitution, justices wrote, the right of self-representation in civil proceedings is a fundamental right.
The decision also cites previous rulings it has given on how to deal with a potential abuse of process by a prisoner. Before a circuit judge enters an order imposing "reasonable limitations" on a prisoner's right to access the court, it must give the prisoner an opportunity to show why such a limitation should not be imposed. If it's then clear there's an intention to obstruct the administration of justice, a circuit judge may impose limitations on the prisoner's right of access to the courts.
But, justices said, any order limiting a prisoner's access to the courts must be designed to preserve his or her "right to adequate, effective and meaningful access to our courts" and any order imposing such a limitation must include findings of fact and conclusions of law adequate for meaningful appellate review.
"Upon our review of the record," the decision states, "it is clear that Respondent Stephens failed to follow any of these procedural safeguards and did not afford petitioner any such opportunity before he directed the McDowell County Circuit Clerk to not file or docket his civil complaint ... we hold that respondents improperly limited petitioner's access to the Circuit Court of McDowell County."
A judge that proposes a local rule not consistent with a directive from the Supreme Court, the state's rules of civil or criminal procedure or the state's trial court rules, will not be effective until approved by the Supreme Court, the decision states. To obtain approval, seven copies of the proposed rule or amendment of a local rule should be submitted to the Supreme Court for a decision.
McClure had been trying to file a negligence lawsuit against D. Adrian Hoosier II and The Hoosier Law Firm, alleging negligence related to its handling of his case against USA Rental.
In May 2013, McClure filed a complaint, without an attorney, against Wells Fargo Bank Home Mortgage and USA Rental Fund LLC, over a house that McClure rented.
In June 2013, Hoosier II filed a notice of appearance on behalf of McClure in the case.
Stephens dismissed McClure's claims against both companies, finding that Hoosier failed to answer or object to requests for admissions and failed to set forth specific facts showing there was a genuine issue of material fact against the companies, the decision states.
Justices wrote Monday that McClure is to be allowed to file his lawsuit in McDowell County.
Reach Kate White at kate.white@wvgazettemail.com, 304-348-1723 or follow @KateLWhite on Twitter.