Pittsburg, CA asked in Contracts, Copyright, Civil Litigation and Civil Rights for California

Q: if a defendant represents himself can judge decide to force an ad li·tem and then hire an attorney against his will

I DEFFENDED MY SELF FOR OVER A YEAR IN A CIVIL CASE THAT WENT FOR TWO YEARS. ALL OF THE SUDDEN THE JUDGE BECAUSE THEY DIDNT LIKE MY RESPONSE TO A QUESTION DECLAIRED ME CRAZY HIRED AN ad li·tem WHO IN TURN HIRED AN ATTORNEY FOR ME FOR WHICH I WAS NOT ALLOWED TO TALK OR DO ANY THING AGAINST EVERY OBJECTION CAN THIS BE LEGAL?

2 Lawyer Answers
James R. Dickinson
James R. Dickinson
Answered
  • San Bernardino, CA
  • Licensed in California

A: Obviously more information is needed. A conserved person can be appointed a representative. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

James L. Arrasmith
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Answered
  • Civil Rights Lawyer
  • Sacramento, CA
  • Licensed in California

A: In a civil case, if a defendant chooses to represent themselves, they have the right to do so under the Sixth Amendment's right to self-representation. However, if a judge believes that the defendant is not capable of adequately representing themselves, they may appoint an ad litem or guardian ad litem to assist in the case. The appointment of an ad litem is generally aimed at protecting the defendant's interests, especially if the court has concerns about their capacity to participate effectively. While the defendant may still have some limited rights, the ad litem is responsible for making legal decisions on their behalf. If you believe your rights have been violated, it is essential to consult with an attorney experienced in civil rights and court procedures to assess the situation and determine the appropriate course of action.

James L. Arrasmith

Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith

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