At page 1328 Condemning unsigned ghostwritten briefs violating rule 1125 citing casesfinding that a brief, “prepared in any substantial part by a member of the bar,” must be signed by him
- Glenn Whiting v. City of Athens, Tenn., 170 F.4th 439 (6th Cir. 2026).publishedThe primary concern with ghostwriting is that the true author would escape liability for his conduct, see In re Mungo, 305 B.R. 762, 768 (Bankr. D.S.C. 2003); Ellis v. Maine, 448 F.2d 1325, 1328 (1st Cir. 1971), and that concern is just as…
- Gould, No. 2:22-cv-01755 (D. Nev. Nov. 4, 2025).Cal. Apr. 20, 2016) (citing Ellis 5 v. Maine, 448 F.2d 1325, 1328 (1st Cir. 1971). 6 Here, the FPD’s involvement in Gould’s state postconviction habeas proceedings was 7 disclosed to the state district court as an “special appearance only.…
- Solomon v. Blinken, No. 2:23-cv-00219 (D. Me. Jan. 11, 2024).Ellis v. State of Maine, 448 F.2d 1325, 1328 (1st Cir. 1971).
- Healthcare Facility Mgmt. LLC v. Engnan, No. 1:23-cv-00246 (S.D. Ohio July 10, 2023).(If a brief is prepared in any substantial part by a member of the bar, it must be signed by him.)
- HealthCare Facility Mgmt. v. Vega, No. 1:23-cv-00248 (S.D. Ohio July 10, 2023).(holding that undisclosed ghostwriting violates several ethics rules and the spirit of Fed.R.Civ.P. 11)
- HealthCare Facility Mgmt. LLC v. Banayat, No. 1:23-cv-00250 (S.D. Ohio July 10, 2023).(holding that undisclosed ghostwriting violates several ethics rules and the spirit of Fed.R.Civ.P. 11)
- Healthcare Facility Mgmt. LLC v. Candelaria, No. 1:23-cv-00247 (S.D. Ohio July 10, 2023).(If a brief is prepared in any substantial part by a member of the bar, it must be signed by him.)
- HealthCare Facility Managment LLC v. Ramos, No. 1:23-cv-00249 (S.D. Ohio July 10, 2023).(holding that undisclosed ghostwriting violates several ethics rules and the spirit of Fed.R.Civ.P. 11)
- Salomon v. Massachusetts Hous. Fin. Agency, No. 1:22-cv-10181 (D. Mass. Mar. 21, 2023).However, the Court notes that “[i]f a brief is prepared in any substantial part by a member of the bar, it must be signed by him[,]” Ellis v. State of Maine, 448 F.2d 1325, 1328 (1st Cir. 1971), and that any counsel is required to file a n…
- (PS) Schmitz v. Asman, No. 2:20-cv-00195 (E.D. Cal. Apr. 20, 2022).Cal. Apr. 20, 2016) (“Ghost writing occurs 7 || where a party ‘appears pro se, asserts complete ignorance of the law, and then presents a brief 8 | which, however insufficient, was manifestly written by someone with some legal knowledge.’”…
Show 15 more citing cases
- FIA Card Servs., N.A. v. James D. Pichette HSBC Bank Nevada, N.A. v. Robert L. Cournoyer Discover Bank v. Diana L. O'Brien-Auty, 116 A.3d 770 (R.I. 2015).publishedThis 1971 opinion, however, only briefly addresses ghostwriting in dictum with a foreboding note about its concerns regarding the practice “with an eye to the future,” stating: “What we fear is that in some cases actual members of the bar…
- Luis A. Torrens v. John William Hood, Jr., 498 F.3d 1360 (11th Cir. 2013).published Regardless, a Chapter 13 petition stands in stark contrast to. a ghostwritten pro se brief, such as the brief drafted by the undisclosed attorney in Duran, 238 F.3d at 1273, and noted by the court in Ellis, 448 F.2d at 1328.
- Torrens v. Hood, 727 F.3d 1360 (11th Cir. 2013).published Regardless, a Chapter 13 petition stands in stark contrast to a ghostwritten pro se brief, such as the brief drafted by the undisclosed attorney in Duran, 238 F.3d at 1273, and noted by the court in Ellis, 448 F.2d at 1328.
- In Re Compact Disc Minimum Advertised Price Antitrust Litig., 456 F. Supp. 2d 131 (D. Me. 2006).publishedEllis v. Maine, 448 F.2d 1325, 1328 (1st Cir.1971).
- In Re Mungo, 305 B.R. 762 (Bankr. D.S.C. 2003).published See Barnett v. LeMaster, No. 00-2455, 2001 WL 433413 at *3 (10th Cir.2001); Ellis v. Maine, 448 F.2d 1325, 1328 (1st Cir.1971); Laremont-Lopez v. Southeastern Tidewater Opportunity Ctr., 968 F.Supp. 1075, 1078 (E.D.Va.1997); Wesley v. Don…
- Johnson v. Bd. of Cnty. Com'rs Cnty. of Fremont, 868 F. Supp. 1226 (D. Colo. 1994).publishedEllis v. Maine, 448 F.2d 1325, 1328 (1st Cir.1971); see also Klein v. H.N.
- In Re Cash Media Sys., Inc., 326 B.R. 655 (Bankr. S.D. Tex. 2005).publishedSee In re Merriam, 250 B.R. 724, 733 (Bankr.D.Colo.2000) citing Ellis v. Maine, 448 F.2d 1325, 1328 (1st Cir.1971), et al.
- In Re Merriam, 250 B.R. 724 (Bankr. D. Colo. 2000).publishedSee Ellis v. Maine, 448 F.2d 1325, 1328 (1st Cir.1971); Ricotta v. California, 4 F.Supp.2d 961, 987 (S.D.Cal.1998); Lare mont-Lopez v. Southeastern Tidewater Opportunity Center, 968 F.Supp. 1075, 1077-78 (E.D.Va.1997); Somerset Pharmaceuti…
- Laremont-Lopez v. Se. Tidewater Opportunity Ctr., 968 F. Supp. 1075 (E.D. Va. 1997).published(condemning the practice of lawyers drafting, but not signing, habeas corpus petitions for prisoners, and thus escaping *1079 the obligations of Rule 11)
- United States v. Marcano Garcia, 456 F. Supp. 1358 (D.P.R. 1978).publishedSee, Ellis v. State of Maine, 448 F.2d 1325, 1328 (C.A. 1, 1971). 2 .
- Bastian v. Jaramillo, No. 1:21-cv-00350 (D.N.M. Aug. 22, 2023).(holding that a brief “prepared in any substantial part by a member of the bar” must be signed by the attorney)
- Askins v. NYC Transit, No. 1:19-cv-04927 (S.D.N.Y. Mar. 5, 2020).(holding that a brief “prepared in any substantial part by a member of the bar” must be signed by the attorney)
- In Re Fengling Liu, 664 F.3d 367 (2d Cir. 2011).published(disapproving of members of bar “representing] petitioners, informally or otherwise, and preparing] briefs for them which the assisting lawyers do not sign, and thus escape the obligation imposed on members of the bar ..…)
- Pease v. Burns, 679 F. Supp. 2d 161 (D. Mass. 2010).published(noting that a lawyer substantially participating in the drafting of a pleading would violate Rule 11 by not signing the pleading)
- Duran v. Carris, 238 F.3d 1268 (10th Cir. 2001).published(finding that a brief, “prepared in any substantial part by a member of the bar,” must be signed by him)
At page 1327 Requirement for showing particularized need in certain contexts10 citing cases
- U.S. V. Edward Brown, 2008 DNH 030 (D.N.H. 2008).publishedEllis v. State of Maine. 448 F.2d 1325, 1327 (1st Cir. 1971).
- United States v. Bushway de Souza, 1 F.3d 1231 (1st Cir. 1993).unpublishedIn Ellis v. State of Maine, 448 F.2d 1325, 1327 (1st Cir. 1971), we held that a habeas petitioner alleging simply that his rights had been infringed had no right to a free transcript without showing more specifically that his claim had som…
- Watts v. State of Tennessee, 603 F. Supp. 494 (M.D. Tenn. 1984).publishedA prisoner is not entitled to a free-transcript merely for the purpose of searching it for grounds for a possible application for *495 post-conviction or habeas corpus relief. 2 Bentley v. United States, 431 F.2d 250, 254 [3] (6th Cir.1970…
- Tate v. Livesay, 612 F. Supp. 412 (M.D. Tenn. 1984).published Bentley v. United States, 431 F.2d 250, 254 [3] (6th Cir.1970), cert. den. 401 U.S. 920 , 91 S.Ct. 907 , 27 L.Ed.2d 823 (1971); Lucas v. United States, 423 F.2d 683, 684-685 [5] (6th Cir. 1970); Ellis v. State of Maine, 448 F.2d 1325, 1327…
- Harvey v. Clay Cnty. Sheriff's Dep't, 473 F. Supp. 741 (W.D. Mo. 1979).publishedEllis v. State of Maine, 448 F.2d 1325, 1327 (1st Cir. 1971), makes the last point cogently: [TJhere should be a burden on petitioner to come into court with his case, not simply to try to make one out.
- United States of Am. Ex Rel. Carl Buford v. Robert J. Henderson, Superintendent, Auburn Corr. Facility,respondent-Appellee, 524 F.2d 147 (2d Cir. 1975).publishedIn the absence of a definitive Supreme Court decision on the subject some circuits have required a showing of a particularized or reasonably compelling need, see Ellis v. Maine, 448 F.2d 1325, 1327 (1st Cir. 1971); Jackson v. Turner, 442 F…
- Colin F. MacCollom v. United States, 511 F.2d 1116 (9th Cir. 1975).published See, e.g., Jones v. Superintendent, 460 F.2d 150, 153 , petition for rehearing denied, 465 F.2d 1091 , (4th Cir. 1972), cert. denied, 410 U.S. 944 , 93 S.Ct. 1380 , 35 L.Ed.2d 611 (1973); Ellis v. State of Maine, 448 F.2d 1325, 1327 (1st C…
- Francis T. Glynn v. Robert H. Donnelly, 485 F.2d 692 (1st Cir. 1973).publishedIn Ellis v. State of Maine, 448 F.2d 1325, 1327 (1st Cir. 1971), we said, “we do not propose to overrule a district court’s denial of a certificate of probable cause for appeal, after ruling against petitioner, unless there is affirmativel…
- United States ex rel. Williams v. Delaware, 427 F. Supp. 72 (D. Del. 1976).published See Ellis v. State of Maine, 448 F.2d 1325, 1327 (1st 0Cir. 1971). .
- United States ex rel. Haines v. Patterson, 365 F. Supp. 839 (S.D.N.Y. 1973).publishedChavez v. Sigler, 438 F.2d 890, 894 (8th Cir. 1971); United States v. Shoaf, supra, and “do more than allege conclusory allegations,” Jackson v. Turner, 442 F.2d 1303, 1305 (10th Cir. 1971); see also Ellis v. Maine, 448 F.2d 1325, 1327 (1s…
At page 1364 cited at this page2 citing cases
- Belle v. McCarthy, No. 4:19-cv-00257 (S.D. Ga. Aug. 13, 2020).See, e.g., Ellis v. Maine, 448 F.2d 1325, 1364 (1st Cir. 1971) (disapproving, in dicta, “actual members of the bar represent[ing litigants], informally or otherwise, and prepar[ing] briefs for them which the assisting lawyers do not sign,…
- Bennett v. Pub. Law Bd. No. 7694, No. 4:17-cv-00130 (S.D. Ga. Sept. 11, 2019).See, e.g., Ellis v. Maine, 448 F.2d 1325, 1364 (1st Cir. 1971) (disapproving, in dicta, “actual members of the bar represent[ing litigants], informally or otherwise, and prepar[ing] briefs for them which the assisting lawyers do not sign,…
Other citing cases
- Charpentier v. Commonwealth, 379 N.E.2d 1067 (Mass. 1978).published
v.
STATE OF MAINE Et Al., Respondents
This case is another all-too-frequent product of the erroneous view that if one alleges a loss of constitutional rights a full review of all state court convictions may be had for the asking —or, at least, that there is no harm in trying. We reiterate that we do not propose to overrule a district court’s denial of a certificate of probable cause for appeal, after ruling against the petitioner, unless there is affirmatively demonstrated to us that such cause in fact exists. Bernier v. Moore, 1 Cir., 1971, 441 F.2d 395; Aubut v. Maine, 1 Cir., 1970, 431 F.2d 688, 689. Nor does it follow, however plausible it may sound, that a petitioner, by asserting that he cannot demonstrate that his rights have been infringed, must be given an attorney and a transcript so that he may discover and then show that in fact such occurred. Regarding appointment of counsel for that purpose, we adhere to our views expressed in Aubut v. Maine, ante at 689. As to the request for a transcript, it is important to note that we are not here concerned with a direct appeal from a conviction, or a state habeas which takes the place of such an appeal, where a transcript may be a matter of right without showing merit in the appeal. Gardner v. California, 1969, 393 U.S. 367, 89 S.Ct. 580, 21 L.Ed.2d 601. Appellant’s petition is wholly for collateral relief. For this unusual and exceptional relief there should be a burden upon the petitioner to come into court with his case, not simply to try to make one out. This does not mean, of course, with his full case, but he must show merit, not just personal opinion.
The Supreme Court has reserved decision on whether an indigent habeas petitioner is entitled to a free transcript as of course simply in order that he may search for error. Wade v. Wilson, 1970, 396 U.S. 282, 286, 90 S.Ct. 501, 24 L.Ed.2d 470. We agree with the post-Wade opinion of the Tenth Circuit that he is not. Hines v. Baker, 10 Cir., 1970, 422 F.2d 1002, 1006. With parties in direct appeals being presently delayed in the prosecution thereof, in some cases for months, because of the inability of court reporters to keep abreast of their work, we are not about further to inconvenience other litigants, and the courts generally, in order to give a prisoner who has already had one full review an opportunity for collateral relief founded upon generalizations and hope.
Furthermore, petitioner has a more basic problem. If, as there is some suggestion in the record, petitioner’s state-appointed counsel already has a copy of the transcript but refuses to give it to him, the obvious remedy is to apply in the state court for an appropriate order. Indeed, this should be the normal procedure in all cases where a state prisoner wishes a transcript. Snyder v. Nebraska, 8 Cir., 1970, 435 F.2d 679. We note, further, as the court pointed out in Chavez v. Sigler, 8 Cir., 1971, 438 F.2d 890, at 894, “[the] mere request for a transcript from the state court, without more, does not constitute an exhaustion of his remedies as required by 28 U.S.C. § 2254.”
The district court, on full examination of the record, found that the state court had fairly found that petitioner’s complaint with his concededly competent trial counsel was because counsel would not assist him to manufacture a defense, and, further, that his plea of guilty was voluntarily and understandably made. In the absence of any showing that this was error, that is-the end of that.
One matter does call for comment. A perhaps understandable confusion appears in respect to petitioner’s claim that he was not told that he could appeal from the denial of his motion to dismiss the indictment. The Maine Supreme Judicial Court ruled that, proce[*1328] durally, he had such a right, but that the failure to inform him was not prejudicial in his case because the appeal would have been frivolous. Ellis v. State (Me.1971), 277 A.2d 120. Petitioner, in complaining, confuses this result with the principle that ordinarily where a defendant is not informed of his right of appeal he had no burden to show in the district court that the appeal would have had merit. Rodriquez v. United States, 1969, 395 U.S. 327, 89 S.Ct. 1715, 23 L,Ed.2d 340. The present ease is different. When the appellate court in fact ruled on the merits, and found the appeal frivolous, petitioner has had his full day in court. In the eases which petitioner cites the defendant’s basic appeal never was considered.
We add one final matter, not for this case, but with an eye to the future. In a growing number of petitions, of which this is one, the petitioner appears pro se, asserts complete ignorance of the law, and then presents a brief which, however insufficient, was manifestly written by someone with some legal knowledge. We are entirely agreeable to a petitioner having what is colloquially termed a jailhouse lawyer. What we fear is that in some eases actual members of the bar represent petitioners, informally or otherwise, and prepare briefs for them which the assisting lawyers do not sign, and thus escape the obligation imposed on members of the bar, typified by F.R.Civ.P. 11, but which exists in all cases, criminal as well as civil, of representing to the court that there is good ground to support the assertions made. We cannot approve of such a practice. If a brief is prepared in any substantial part by a member of the bar, it must be signed by him. We reserve the right, where a brief gives occasion to believe that the petitioner has had legal assistance, to require such signature, if such, indeed, is the fact.
A certificate of probable cause to appeal is refused.