Johnson v. MSAD 52/Turner Elementary Sch.

Opinion

XECEIVED & FILED

STATE OF MAINE FEB 242000 | SUPERIOR COURT ANDRoscoceiIn CIVIL ACTION od ANDROSCOGGIN, SS. SUPERIOR COURT | DOCKET NO. CV-98-98

TED-ANVD- 2/24/2002

CINDY JOHNSON on behalf of HABNALD L. GARBRECHT daughter AMANDA PENNELL, LAW LIBRARY

3

Plaintiff 3 ‘APR 4 2000 ° ORDER Vv. t MSAD 52/TURNER ELEMENTARY... ene nee SCHOOL, Defendant

In this matter the plaintiff, Cindy Johnson, is acting on behalf of her daughter, Amanda Pennell. The plaintiffs are not represented by an attorney who is admitted to practice within the State of Maine. This issue has previously been raised when the matter was pending before the Magistrate Judge in the United States District Court for the District of Maine.

Upon return of the case to this court, Cindy Johnson has continued to represent the interests of her daughter in a pro se capacity. She is not a person who is properly authorized to act on behalf of another within the courts of the State of Maine. See Haynes, Personal Representative of the Estate of Bruce Jagoe v. Jackson, 2000 ME 11, (wife of defendant is not allowed to represent infirmed husband even

though she possesses a power of attorney); and Boyer v. Boyer, 1999 ME 128, 736 A.2d 273 (father of children with an interest in real estate cannot submit pleadings to the court on behalf of his children).

The court conducted a hearing with the plaintiff and counsel for the defendant being present. The plaintiff Cindy Johnson cannot continue to represent the interests of her daughter because she is not an attorney licensed to practice before the courts of this State.

It is Ordered that Cindy Johnson seek out and retain counsel to act in the best interest of her daughter. The plaintiff shall do this within 20 days. Upon her failure to do so, the defendant may move for dismissal or other appropriate action.

The clerk shall incorporate this Order into the docket by reference.

So ordered.

DATED: February 24, 2000

r i > Thomas E. Delahanty 11 Justice, Superior Court