Voit

Petitioner Edward Voit is being sued in respondent Santa Clara County Superior Court by real parties in interest Julie Montano, minor Jane Doe, and minor John Doe. Voit sent to respondent court for filing an “Exparte Motion for Request for the Appointment of Counsel for Defendant” (sic) asking the court to appoint counsel to represent him in the civil case because he is incarcerated and indigent. The court clerk’s office rejected the filing on the ground that Voit had not enclosed a filing fee and returned the document to Voit with a fee waiver form.

*1287 It appears that Voit refiled with the completed waiver form, as he received from the clerk’s office a second civil filing rejection letter that stated in relevant part, “Hearing date must be reserved prior to filing motions. However, the civil court does not appoint counsel.”

Voit sent a letter asking the clerk’s office to reserve a date to hear his motion. The clerk’s office returned Voit’s letter with a civil filing rejection letter that read in relevant part, “The Court does not set a hearing for Request for the Appointment of Counsel on a Civil matter. You need to find a Counsel on your own to represent you.”…