United States v. William F. McQuade and Wilma N. McQuade

The government brought this action to foreclose tax liens on real property owned by the McQuades. The Internal Revenue Service made tax assessments against the McQuades for income taxes and telephone excise taxes in the total amount of $14,-236.94. These were not paid and a complaint to foreclose the tax liens followed.

The McQuades filed an answer In Propria Persona and requested that the court appoint counsel to assist in the defense of the action. No specific allegation of poverty or inability to pay costs or attorneys’ fees was made. The McQuades did allege that they were unable to obtain an attorney and that in a previous related matter the Federal Public Defender was appointed to assist them.

The government moved for summary judgment. At the oral hearing on the motion for summary judgment, the McQuades renewed their request for appointment of counsel. The following exchange took place:

The court does have discretionary authority under 28 U.S.C. § 1915 (d) to appoint counsel for an indigent to commence, prosecute or defend a civil action. Motions for the appointment of counsel under § 1915(d) are addressed to the sound discretion of the court and are granted only in…