No. 20-8311

Owen W. Barnaby v. Berrien County Treasurer

Lower Court: Michigan
Docketed: 2021-06-15
Status: Denied
Type: IFP
IFP
Tags: civil-rights due-process fraud fraud-upon-court property-rights subject-matter-jurisdiction unauthorized-practice-of-law void-judgment
Latest Conference: 2021-09-27
Question Presented (from Petition)

This United States Supreme Court and Michigan Supreme Court are clear in unauthorized practice of law and void judgment and Order. The US Supreme Court emphatically articulated in, Rowland v. Calif. Men's Colony, 506 U.S. 194, 201-203 (1993). It has been the law for the better part of two centuries . . . that a corporation may appear in the federal courts only through licensed counsel. Osborn v. President of Bank of United States, 9 Wheat. 738, 829, 6 L.Ed. 204 (1824); see Turner v. American Bar Assn., 407 F.Supp. 451, 476 (ND Tex. 1975) (citing the "long line of cases" from 1824 to the present holding that a corporation may only be represented by licensed counsel), affirmance order sub nom. Taylor v. Montgomery, 539 F.2d 715 (Table) (CA7 1976), and affd sub nom. Pilla v. American Bar Assn., 542 F.2d 56 (CA8 1976).

Michigan law prohibits the unauthorized practice of law by individuals MCL 600.916 and MCL 450.681.

Question Presented (AI Summary)

Whether the foreclosure judgment obtained by fraud and unauthorized practice of law is void

Docket Entries

2021-10-04
Petition DENIED.
2021-07-29
DISTRIBUTED for Conference of 9/27/2021.
2021-06-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 15, 2021)

Attorneys

Owen W. Barnaby
Owen W. Barnaby — Petitioner