Right to Assist
“Litigants can be assisted by unlicensed laymen during judicial proceedings.” Brotherhood of Trainmen v. Virginia ex rel. Virginia State Bar, 377 U.S. 1; v. Wainwright, 372 U.S. 335; Argersinger v. Hamlin, Sheriff 407 U.S. 425
“A next friend is a person who represents someone who is unable to tend to his or her own interest.” Federal Rules of Civil Procedures, Rule 17, 28 USCA “Next Friend”
“Members of groups who are competent non-lawyers can assist other members of the group achieve the goals of the group in court without being charged with “unauthorized practice of law.” NAACP v. Button, 31 U.S. 415; United Mineworkers of America v. Gibbs, 383 U.S. 715; and Johnson v. Avery, 89 S. Ct. 747 (1969)
“There, every man is independent of all laws, except those prescribed by nature. He is not bound by any institutions formed by fellowman without his consent.” Cruden v. Neal, 2 N.C. 338 (1796) 2 S.E.
“Under our system of government upon the individuality and intelligence of the citizen, the state does not claim to control him/her, except as his/her conduct to others, leaving him/her the sole judge as to all that affects himself/herself.” Mugler v. Kansas 123 U.S. 623, 659-60
“The assertion of federal rights, when plainly and reasonably made, is not to be defeated under the name of local practice.” Davis v. Wechsler, 263 US 22, 24
“A State may not impose a charge for the enjoyment of a right granted by the Federal Constitution.” Murdock v. Pennsylvania, 319 U.S. 105
“The State cannot diminish rights of the people.” Hertado v. California, 110 U.S. 516
“The claim and exercise of a Constitutional Right cannot be converted into a crime.” Miller v. U.S., 230 F 2d 486, 489
“If the state converts a liberty into a privilege the citizen can engage in the right with impunity.” Shuttlesworth v. City of Birmingham, Alabama, 373 U.S. 262