6:25-cv-01072
D. Kan.May 7, 2025Background
- Plaintiffs are two irrevocable foreign grantor trusts, represented by Timothy Joseph Smithe and Mary Astor Smithe.
- The suit claims that 30 different defendants (including various agencies and financial institutions) fraudulently used the Smithes' social security numbers to steal their identities and labor, allegedly amounting to $375 million over 47 years.
- Plaintiffs seek relief including "SSN-free trust certificates."
- The trusts are currently proceeding without licensed legal counsel, with the Smithes attempting to represent them pro se.
- The court notes that federal law only permits artificial entities, such as trusts, to appear in court through licensed attorneys.
- The court orders plaintiffs to show cause—by having an attorney enter an appearance within 30 days—why their complaint should not be dismissed for lack of counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can a trust appear in court pro se? | Smithes argue they can represent the trusts themselves. | Only licensed attorneys can represent trusts. | No, trusts must be represented by licensed counsel. |
| Should the court entertain pro se filings? | Smithes submit motions and filings on the trusts' behalf. | Trusts' filings are not valid if not by counsel. | Court will not consider filings without counsel's appearance. |
| Consequence for failure to comply | Plaintiffs claim entitlement to relief regardless. | Case should be dismissed for lack of counsel. | Case will be dismissed if no counsel appears by deadline. |
| Authority of non-attorney trustees | Smithes act as trustees and fiduciaries for the trusts. | Only attorneys can represent separate entities. | Non-attorney trustees may not represent trusts in court. |
Key Cases Cited
- Rowland v. Cal. Men’s Colony, 506 U.S. 194 (1993) (artificial entities like trusts must be represented by licensed counsel in federal court)
- In re Wilson, 860 F. App’x 147 (10th Cir. 2021) (a pro se individual cannot represent a trust in court)
- Conagra Foods, Inc. v. Americold Logistics, LLC, 776 F.3d 1175 (10th Cir. 2015) (discussing independent existence of trusts and the requirement for attorney representation)
- Americold Realty Tr. v. Conagra Foods, Inc., 577 U.S. 378 (2016) (affirming that trusts are distinct legal entities)