Motion for Appointment of Counsel and for Allowance of Attorney's Fees
Public Court Documents
June 5, 1984

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Case Files, Bozeman v. Lambert and Wilder v. Lambert Court Documents. Motion for Appointment of Counsel and for Allowance of Attorney's Fees, 1984. a9a51d21-ed92-ee11-be37-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/839e376e-c7db-479d-807d-05edd5c0a225/motion-for-appointment-of-counsel-and-for-allowance-of-attorneys-fees. Accessed June 17, 2025.
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FILED JUN 5 19d4 THC!\4AS C. CAVER, CLEIiK BY- DEPUIY'CLERK v. EALON M. I.AMBERT, Et d1., civlt Action I{o. 83-H-579-N Respondents, JULIA P. WILDER, Petiti-oner, v. EALON M. LAMBERT, Civil Action !rc. 83-H-580-N Respondents. MOTION FOR APPOINTI{ENT OF COUNSEL AI{D FOR ALLOWAITCE OI' ATTORNEY I S FEES The petitioners, MAGGIE BOZEMAI{ and JULIA WILDER, move this Honorable Court for appoj.ntment of counsel and for allowance of attorneyts fees pursuant to and in accordance with the provisions of 18 U.S.C. Section 3006A. Although the Court did not consolidate the above-styled cases, the lega1 representation rendered to both petitioners was done jointly and in furtherance of both petitions. Therefore, this motj-on is being filed in both cases inasmuch as both petitioners are financially unable to obtain counsel and are prevailing parties. In support of said motion, petitioners set forth and assign the following: 1,,, L II IN THE FOR TH UNIEED STATES DISTRICT COURT f'rilib+ DrsrRrcr o' A,,ABArvlA 'B\ Jbionth*ffitBr\F&-o* 1. on 8 June 1983, the petitioners, by and through thej-r undersigned attorneys, filed Petitions for writs of Habeas Corpus, Motions for Leave to Proceed in Forma PauPeris, Motions for production of Documents, and Affidavits in support of said motions. On 28 June 1984, this Court granted petitionersr requests for leave to Proceed in forma pauperis and' ordered respondents to show cause why the petitions should not be granted. 2. On 1 July 1983, Lani Guinier, one of petitioners' counsel, filed a Motion to Appear Hac Vice, which said motion was granted on 13 JulY 1983. 3. On 18 July 1984, respondents moved to dismiss the petitions. On 9 August 1983, petitioners filed a Response to Respondents' Motions to Dismiss and on I September 1983, this Court denied the lvlotions to Dismiss, ordered respondents to comply with the Court's Order of 28 June 1983 to show cause why the writs should not issue, and directed the respondents to file their response to the petitionersr Motions to Furnish Transcripts. 4. on 3 october 1983, petitioners again moved for production of Documents because resPondents had failed to furnish or to explaj.n why they were not furnishing the documents requested' 5. On 30 November 1983 respondents furnished Petitioners with one of the documents requested, a transcript of closing arguments. -2- 6. On 20 December 1983 petitioners responded to this Courtrs Order of 2 December, setting out their position on the issues in the case. 7. Subsequently on 20 January 1984, petitioners filed tlotions I'or Summary JudgUnent and Memoranda of Law in Support Thereof. This Court held a hearing on said motions on 2 March 1984, and on 13 April 1984, this Court granted both petitioners, Motion for Summary Judgiment. Petitioner BOZEMANTS state court conviction \rras vacated and she was released from all restraints imposed as a result of her conviction. Petitioner WILDER|s Writ of Habeas Corpus was ordered by this Court to be issued within 90 days of its Judgrnent unless she was retried in state court on the same charge. 8. As part of its Judgment of 13 April, the court ordered that costs of the proceeding on behalf of petitioner BOZE!'IAN be taxed, against the State of Alabama. Petitioner BOZBI"IAN submitt,ed a bill of costs as of April 25, 1984 in the amount of $4908.90 which the Clerk taxed against the State on 1I May 1984. Respondents have moved the Court to review the action of the C1erk. 9. Pursuant to 18 U-S.c. S3006A(d) (4), petitioner sets out in the attached attorney Affid.avits the time expended, services rendered and expenses incurred while the cases were pending before this Court. Neither petitioners nor their attorneys have received compensation or reimbursement in these cases. -3- I0. Ttre fees and expenses set out in the undersigned attorneysr attached Affidavits were reasonabty and necessarily incurred in obtaining relief in this case. 11. Petitioners could not have proceeded effectively and expeditiously to obtain the relief requested without the services of their attorneys. Petitioners submit herewith a memorandum describing the lega} basis for appointment of counsel and specifying the nature of the extended and complex rePresentation they were afforded and the important stePs that caused them to prevail that could not have been taken by petitioners pro se. L2. petitioners' counsel seek reimbursement for costs and expenses reasonably incurred in the amount of $241.05 for l'ls. Durant and $4931.43 for Ms. Guinier and, in the interests of justice, fair compensation of $754.00 for Ms. Durant and $4708.00 for Ms. Guinier. For these reasons, petitioners move for appointment of counsel, for payment to their attorneys for tj.me reasonably expended in excess of the maximum amounts provided in 18 U.S.C. 3006A(d) (2) and for fuII recovery of exPenses reasonably incurred by their attorneys. t'lontgomery, AL 36104 (20s) 262-7337 -4- RespectfullY s z 99 Hudson Street, 15th Floor New York, N. Y. 10013 (2L2) 219-1900 Attorneys for Petitioners Certificate of Service I hereLryrcertify that a coPy of Petitioners' Motion for Appointment of Counsel and for Allowance of Attorneyrs Fees was served upon P. M. Johnston, c/o Attorney Generalrs Annex, 669 South Lawrence street, [lontgomery, Alabama 35104, bY depositing same in the United States mail, postage prepaid, on this the 1 day of June, 1984. -5-