Opinion

United States v. Brown

  • 197 F. Supp. 2d 574
  • 2002 WL 654318
Court
District Court, W.D. Louisiana
Filed
Mar 3, 2002
Status
Published
Author
Little
On the bench
Little
Cited by
1 cases
Authority
More cited than 52.4%

The opinion

RULING

LITTLE, Chief Judge.

BLSB, INC. and W.W.T.O., INC. have filed pleadings in this matter. Each corporation suggests that the property seizures issued as a result of criminal convictions of the defendants in these proceedings should be annulled. Each corporation argues that as an owner of the seized property, it is not responsible for the criminal conduct of any defendant that used the property.

We are unable to consider the motions. In civil actions, and these motions are civil in nature, corporations must be represented by licensed counsel. Although an individual has a statutory right to represent himself in federal court without the participation of a lawyer, under 28 U.S.C. § 1654 , a corporation may be represented only by an attorney. Thus, a corporation may not appear in a federal civil action pro se. This rule applies even where the would-be representative of the corporation is the corporate president and sole shareholder.

See Lowery v. Hoffman,

188 F.R.D. 651 (M.D.Ala.1999). As the Fifth Circuit stated in

Southwest Express Co., Inc. v. Interstate Commerce Comm’n,

670 F.2d 53 , at 56: “Corporations and partnerships, by their very nature, are unable to represent themselves, and the consistent interpretation of Section 1654 is that the only proper representative of a corporation or partnership is a licensed attorney, not an unlicensed layman, regardless of how close his association with the corporation or partnership.”

The motions will not be considered by this court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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