United States v. High Country Broadcasting Co.

A corporation may appear in federal court only through licensed counsel. Rowland v. California Men’s Colony, — U.S. -, -, 113 S.Ct. 716, 721 , 121 L.Ed.2d 656 (1993); see also 28 U.S.C. § 1654 . An-attorney appeared for High Country in the district court for the limited purpose of filing an answer and cross-complaint. See CR 3. When it became apparent that Crisler (who was not a licensed attorney at that time) was attempting to represent High Country, the district court ordered High Country to retain counsel for the duration of the litigation. When High Country failed to do so, the district court entered a default judgment against it; this was perfectly appropriate. See, e.g., Shearson Loeb Rhoades, Inc. v. Quinard, 751 F.2d 1102 (9th Cir.1985).

A more interesting issue is raised by the district court’s refusal to let Crisler intervene under Federal Rule of Civil Procedure 24. Intervention as a matter of right is proper if (1) the motion is timely; (2) the applicant asserts an interest relating to the subject of the action; (3) without intervention, the disposition of the action may impair the applicant’s ability to protect that interest; and (4) the applicant’s interests are…