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- Subject: KAY v. EHRLER, Syllabus
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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as
- is being done in connection with this case, at the time the opinion is
- issued. The syllabus constitutes no part of the opinion of the Court but
- has been prepared by the Reporter of Decisions for the convenience of the
- reader. See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
- SUPREME COURT OF THE UNITED STATES
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- Syllabus
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- KAY v. EHRLER et al.
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- certiorari to the united states court of appeals for the sixth circuit
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- No. 90-79. Argued February 25, 1991 -- Decided April 16, 1991
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- After respondent Kentucky Board of Elections denied petitioner Kay's
- request to have his name placed on a primary ballot for President of the
- United States, Kay, an attorney licensed to practice in Florida, filed a
- civil rights action on his own behalf in the District Court, challenging
- the constitutionality of the state statute on which the Board relied.
- Although he prevailed on the merits, the court denied his request for
- attorney's fees under 42 U. S. C. MDRV 1988, and the Court of Appeals
- affirmed.
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- Held: A pro se litigant who is also a lawyer may not be awarded attorney's
- fees under MDRV 1988. Neither MDRV 1988's text nor its legislative history
- provides a clear answer to the question whether a lawyer who represents
- himself should be treated like a client who has an independent attorney or
- like other pro se litigants, who, the Courts of Appeals have correctly
- decided, are not entitled to attorney's fees. However, MDRV 1988's
- overriding concern is with obtaining independent counsel for victims of
- civil rights violations in order to ensure the effective prosecution of
- meritorious claims. That policy is best served by a rule that creates an
- incentive to retain counsel in every case rather than a disincentive to
- employ counsel whenever a plaintiff considers himself competent to litigate
- on his own behalf. Even a skilled lawyer who represents himself is at a
- disadvantage in contested litigation because ethical considerations may
- make it inappropriate for him to appear as a witness, and because he is
- deprived of the judgment of an independent third party during the
- litigation. Pp. 3-6.
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- 900 F. 2d 967, affirmed.
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- Stevens, J., delivered the opinion for a unanimous Court.
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