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Perez v. Potocki

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


September 11, 2006

EDWIN PEREZ, PLAINTIFF,
v.
TROY POTOCKI, AND STEVE SANFORD, DEFENDANTS.

The opinion of the court was delivered by: Herndon, District Judge

ORDER

During the final pretrial conference in this matter, held on September 8, 2006 (see Doc. 71), Plaintiff made an oral Motion for Appointment of Counsel. Plaintiff specified that his request was for counsel to be appointed to serve in an advisory capacity during trial. Upon consideration of the complexity involved in representing oneself pro se and noting no opposition from defense counsel, the Court GRANTS Plaintiff's Motion. Accordingly, it hereby APPOINTS attorney John D. Stobbs, II, of Stobbs Law Offices, 307 Henry Street, Suite 211, Alton, Illinois 62002, to serve as Plaintiff's advisory counsel.*fn1

In so doing, the Court makes it explicitly clear that Mr. Stobbs is to serve as Plaintiff's advisory counsel only, as requested by Plaintiff. Advisory counsel shall be available during trial to aid Plaintiff in making objections, if needed, and other issues which may arise at trial. Plaintiff will remain lead counsel, representing himself pro se. Therefore, although Plaintiff and Mr. Stobbs may converse prior to trial regarding preparation, strategy, etc., Mr. Stobbs is under no obligation from this Court to prepare Plaintiff's case, but may remain, as reasonably necessary, available to advise Plaintiff regarding his own trial preparation. The Court therefore cautions Plaintiff that appointed counsel in this matter is a privilege, and if he abuses this privilege, it will be revoked.

IT IS SO ORDERED.

David R. Herndon United States District Judge


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