In re Francis v. Wegener.
2021 CO 66. No. 21SA147. Right of Access—Supervisory Power of the Court—Injunction Against Self-Representation.
September 13, 2021
The Supreme Court made the rule to show cause absolute and enjoined Francis, whether acting individually or on behalf of a trust or some other entity, from ever again proceeding pro se as a proponent of a claim (i.e., as a plaintiff, third-party claimant, cross-claimant, or counter-claimant) in any present or future litigation in Colorado’s state courts. While the Colorado Constitution confers upon every person an undisputed right of access to our state courts, that right isn’t absolute. A party’s constitutional right of access to the courts must sometimes yield to the constitutional right of other litigants and the public to have justice administered without denial or delay. Such is the case when courts are called upon to curb the deleterious impact that duplicative and baseless pro se litigation has on finite judicial resources.
Here, Francis abused the judicial process for the purpose of harassing his adversaries for the better part of a decade, despite being warned, reprimanded, and sanctioned by state courts, including having his law license suspended. Under the circumstances, the extraordinary injunction requested is amply justified. Francis may still obtain access to judicial relief—he just may not do so without legal representation.