Two Hearts v. United States, 16-1578

Plaintiff Chad S. Two Hearts, proceeding pro se, moved on December 15, 2016 for permission to be represented by a non‑attorney third party, Victor C. Fourstar, Jr., under RCFC 83.3.
Plaintiff argued he could not fully enjoy his rights if forced to proceed entirely pro se.
Plaintiff submitted a University of Montana letter indicating Mr. Fourstar sought admission to a paralegal program but did not show he is an ABA‑approved law student in good standing or otherwise meeting RCFC 83.3 eligibility requirements.
The court reviewed RCFC 83.3, which permits appearances by eligible law students only when specific requirements are met, including school approval, completed coursework, supervisory attorney approval, dean and chief judge certification, clinical enrollment, malpractice insurance, and prohibition on fees from the client.
Plaintiff relied on Gideon v. Wainwright and Johnson v. Avery to support his request; the court found those authorities inapposite to a civil case under the Court of Federal Claims.
The court denied the motion for third‑party (non‑attorney) representation because the motion did not satisfy RCFC 83.3(c) and no supervising attorney approval was submitted.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a non‑attorney (Mr. Fourstar) may appear for Plaintiff under RCFC 83.3	Two Hearts argued he needs third‑party representation to enjoy his rights and cites Gideon and Johnson	Government opposed (implicitly) based on rule requirements and the rule's limitations	Denied: Motion fails RCFC 83.3(c) requirements and lacks supervising‑attorney approval
Whether Gideon v. Wainwright supports appointment of counsel in this civil case	Plaintiff invoked Gideon to argue right to counsel/representation	Court: Gideon addresses Sixth Amendment criminal right to counsel, not civil cases	Rejected: Gideon is inapplicable to this civil action
Whether Johnson v. Avery allows non‑attorney inmate assistance here	Plaintiff relied on Johnson to justify non‑attorney assistance	Court: Johnson addressed inmates assisting other inmates re: habeas corpus and required state alternatives; facts and remedy differ	Rejected: Johnson is inapposite; Mr. Fourstar is not an inmate aiding another and this is not a habeas action
Whether decisions from state courts (e.g., In Re Morales) bind this court	Plaintiff cited In Re Morales (Vt. Sup. Ct.)	Court: State supreme court decisions are not binding on the Court of Federal Claims	Rejected: State decision not controlling

Gideon v. Wainwright, 372 U.S. 335 (U.S. 1963) (establishes Sixth Amendment right to counsel in criminal prosecutions)
Johnson v. Avery, 393 U.S. 483 (U.S. 1969) (addresses limits on prison regulations barring inmate assistance in preparing habeas petitions)