kowalski judge judicial circuit michigan et al tesmer et argued october decided december michigan constitution amended require appeal accused pleading guilty nolo contendere leave several state judges denied appointed appellate counsel indigents pleading guilty michigan legislature subsequently codified practice two attorney respondents joined three indigent criminal defendants filing suit federal district alleging practice denies indigents federal due process equal protection rights district held practice statute unconstitutional sixth circuit panel reversed holding younger harris abstention barred indigents suit attorneys standing assert indigents rights statute constitutional rehearing en banc sixth circuit agreed standing found statute unconstitutional held attorneys lack standing assert rights michigan indigent defendants denied appellate counsel assumes attorneys satisfied article iii standing requirement thus addresses whether standing raise rights others deciding whether grant standing asks whether party asserting right close relationship person possesses right whether hindrance possessor ability protect interests powers ohio attorneys claim standing based future relationship yet unascertained michigan criminal defendants request denied appellate counsel statute two cases found relationship sufficient confer standing caplin drysdale chartered department labor triplett attorneys invoked known clients rights hypothetical clients asserted department labor triplett attorney disciplined state bar accepting fee prohibited black lung benefits act held standing invoke claimants due process rights challenge fee restriction resulted punishment falls within class cases allowing standing litigate rights third parties enforc ing challenged restriction litigant result indirectly violation third parties rights warth seldin attorneys close relationship alleged clients indeed relationship demonstrated hindrance indigents advancing constitutional rights michigan scheme indigent may seek leave challenge denial appellate counsel state may seek writ certiorari state federal collateral review exist beyond attorneys hypothesis without counsel avenues effectively foreclosed disproved michigan courts pro se indigents pursued fundamental level attorney indigents need perfect challenge state beyond one wonders attorneys attend state assist fair inference want state process take course wanted federal state adjudication constitutional question indigents appropriately dismissed younger ample opportunities raise constitutional challenge ongoing state proceedings unwillingness allow younger principle thus circumvented additional reason deny attorneys standing pp reversed remanded rehnquist delivered opinion scalia kennedy thomas breyer joined thomas filed concurring opinion ginsburg filed dissenting opinion stevens souter joined john kowalski judge judicial cuit michigan et tioners john tesmer et al writ certiorari appeals sixth circuit december chief justice rehnquist delivered opinion case involves constitutional challenge michigan procedure appointing appellate counsel indigent defendants plead guilty challengers us two attorneys seek invoke rights hypothetical indigents challenge procedure hold attorneys lack standing therefore reach question procedure constitutionality michigan amended constitution provide appeal accused pleads guilty nolo contendere shall leave right mich art following amendment several michigan state judges began deny appointed appellate counsel indigents pleaded guilty michigan legislature subsequently codified see comp laws ann west statute scheduled go effect april appointment appellate counsel indigents plead guilty prohibited certain mandatory permissive exceptions ibid challenge michigan practice filed district eastern district michigan named plaintiffs included two attorney respondents three indigents denied appellate counsel pleading guilty pursuant rev stat alleged michigan practice statute denied indigents federal constitutional rights due process equal protection sought declaratory injunctive relief practice statute day statute take effect district issued order holding practice statute unconstitutional tesmer granholm supp ultimately issued injunction bound michigan state judges requiring deny appellate counsel indigent pleaded guilty supp panel appeals sixth circuit reversed tesmer granholm panel held younger harris abstention barred suit indigents attorneys standing assert rights indigents held statute constitutional appeals granted rehearing en banc reversed tesmer granholm en banc majority agreed panel standing found statute unconstitutional separate dissents filed challenging application standing holding statute unconstitutional granted certiorari doctrine standing asks whether litigant entitled federal resolve grievance inquiry involves constitutional limitations jurisdiction prudential limitations exercise warth seldin case focus constitutional minimum standing flows article iii requirement see lujan defenders wildlife instead shall assume attorneys satisfied article iii address alternative threshold question whether standing raise rights others see ruhrgas ag marathon oil adhered rule party generally must assert legal rights interests rest claim relief legal rights interests third parties warth seldin supra rule assumes party right appropriate incentive challenge challenge governmental action necessary zeal appropriate presentation see courts might called upon decide abstract questions wide public significance even though governmental institutions may competent address questions even though judicial intervention may unnecessary protect individual rights warth seldin supra treated rule absolute however recognizing may circumstances necessary grant third party standing assert rights another limited exception requiring party seeking standing make two additional showings first asked whether party asserting right close relationship person possesses right powers ohio second considered whether hindrance possessor ability protect interests ibid quite forgiving criteria certain circumstances within context first amendment example enunciated concerns justify lessening prudential limitations standing secretary state md joseph munson supra several cases allowed standing litigate rights third parties enforcement challenged restriction litigant result indirectly violation third parties rights warth seldin supra emphasis added citing doe bolton griswold connecticut barrows jackson see craig boren beyond examples none implicated looked favorably upon standing see conn gabbert rejecting attorney attempt adjudicate rights client mind turn apply close relationship hindrance criteria facts us attorneys case invoke relationship demonstrate requisite closeness specifically rely future relationship yet unascertained michigan criminal defendants request denied appointment appellate counsel based operation statute app complaint two cases recognized relationship sufficient confer standing see caplin drysdale chartered department labor triplett caplin drysdale chartered supra granted law firm standing challenge drug forfeiture statute invoking rights existing client existing relationship course quite distinct hypothetical relationship posited department labor triplett supra dealt black lung benefits act prohibited attorneys accepting fees representing claimants unless fees approved appropriate agency supp attorney george triplett violated act implementing regulations agreeing represent claimants award obtained collecting fees without required approval state bar disciplined triplett allowed triplett standing invoke due process rights claimants challenge fee restriction resulted punishment triplett different case two levels first triplett falls within class cases allowed standing litigate rights third parties enforcement challenged restriction litigant result indirectly violation third parties rights warth seldin supra emphasis added second similar caplin drysdale triplett involved representation known claimants attorneys us close relationship alleged clients indeed relationship next consider whether attorneys demonstrated hindrance indigents advancing constitutional rights michigan scheme powers ohio supra uncontested indigent denied appellate counsel open avenues argue denial deprives constitutional rights may seek leave challenge denial michigan appeals denied seek leave michigan see comp laws ann west supp may seek writ certiorari see beyond exists state federal collateral review see rule crim proc attorneys argue without counsel avenues effectively foreclosed indigents claim unsophisticated pro se criminal defendants satisfy necessary procedural requirements unable coherently advance substance constitutional claim hypothesis however disproved michigan courts see people jackson pro se defendant sought leave appeal denial appointment appellate counsel michigan appeals michigan people wilkins see pet cert halbert michigan pending request writ certiorari pro se defendant challenging denial appellate counsel agree attorney valuable criminal defendant challenging constitutionality scheme think lack attorney type hindrance necessary allow another assert indigent defendants rights see powers ohio supra also unpersuaded attorneys hindrance argument fundamental level attorney indigents need perfect challenge state beyond one wonders attorneys asserting action attend state assist inquired question oral argument receive satisfactory answer see tr oral arg fair inference attorneys three indigent plaintiffs filed action want allow state process take course rather wanted federal state adjudication constitutional question precisely got ederal state courts complementary systems administering justice nation cooperation comity competition conflict essential federal design ruhrgas ag marathon oil reinforces federal scheme preventing state criminal defendant asserting ancillary challenges ongoing state criminal procedures federal case three indigent criminal defendants originally plaintiffs action appropriately dismissed younger appeals unanimously recognized ongoing state criminal proceedings ample avenues raise constitutional challenge also extraordinary circumstance requiring federal intervention ibid unwillingness allow younger principle thus circumvented additional reason deny attorneys sum hold attorneys standing assert rights michigan indigent defendants denied appellate counsel agree dissenting opinion appeals short step grant standing case holding lawyers generally standing bring claims future unascertained clients rogers concurring part dissenting part judgment appeals therefore reversed case remanded proceedings consistent opinion ordered john kowalski judge judicial cuit michigan et tioners john tesmer et al writ certiorari appeals sixth circuit december justice thomas concurring case even remotely close demonstrates standing cases gone far astray granted standing number cases litigants whose relationships directly affected individuals best remote held instance beer vendors standing raise rights prospective young male customers see craig boren criminal defendants standing raise rights jurors excluded service see powers ohio sellers contraceptives standing assert rights potential customers see carey population services distributors contraceptives unmarried persons standing litigate rights potential recipients eisenstadt baird white sellers land standing litigate constitutional rights potential black purchasers see barrows jackson agree attorneys us relationship alleged indeed relationship ante appeals understandably thought otherwise given generously precedents awarded standing doubtful whether party personal constitutional right stake case ever allowed litigate constitutional rights others truax raich pierce society sisters adhered rule listen objection made constitutionality act party whose rights affect therefore interest defeating clark kansas city internal quotation marks omitted made sense litigants personal right stake may different interests individuals whose rights raising moreover absent personal right litigant cause action defense thus right relief may late day return traditional view even assuming makes sense grant litigants standing least cases doubtful still whether standing sweep broadly cases held opinion reasonable application precedents join full john kowalski judge judicial cuit michigan et tioners john tesmer et al writ certiorari appeals sixth circuit december justice ginsburg justice stevens justice souter join dissenting arthur fitzgerald michael vogler michigan attorneys routinely received appointments represent defendants criminal appeals including appeals convictions assert standing challenge state law limiting indigent right counsel codified comp laws ann west challenged law prescribes indigents plea guilty guilty mentally ill nolo contendere shall appellate counsel appointed review defendant conviction sentence attorneys us emphasize indigent defendants generally unable navigate appellate process pro se view reality attorneys brought action advance indigent defendants constitutional right counsel aid pursuing appeals convictions ordinarily attorneys fitzgerald vogler acknowledge one may claim standing vindicate constitutional rights third party barrows jackson recognized exceptions general rule however certain circumstances combine litigant suffered fact giving concrete interest outcome issue dispute litigant close relation third party exists hindrance third party ability protect interests powers ohio quoting singleton wulff first requirement different order second third whether litigant meets constitutional prescription injury fact determines whether suit case controversy subject federal art iii jurisdiction ibid contrast close relation hindrance criteria prudential considerations secretary state md joseph munson judge made rule fashion ed governance stevens concurring precedent leaves scant room doubt attorneys fitzgerald vogler shown injury fact requisite close relation indigent defendants seek assistance counsel appeal convictions conclude well attorneys demonstrated formidable hindrance indigents ability proceed without aid counsel injury fact attorneys fitzgerald vogler alleged complaint comp laws ann cause direct economic loss reduc number cases appointed paid assigned appellate counsel app allegation hardly debatable michigan system assigning appellate attorneys indigent defendants operates strict rotation fewer cases assigned new statute pace rotation slow fitzgerald vogler rosters assignment earn less representation indigent appellants earned years prior cutback singleton wulff two physicians challenged state restrictions imposed funding abortions eight members determined physicians adequately alleged concrete injury physicians prevail ed suit receive payment state federal government pocket amount payments see powell concurring injury fact inescapably reasoning applies attorneys fitzgerald vogler alleged past representation indigent defendants appeals convictions aim continue representation future singleton suffer injury concrete particularized actual imminent conjectural hypothetical friends earth laidlaw environmental services toc michigan statute holds sway see generally fallon meltzer shapiro hart wechsler federal courts federal system ed precedent attorneys fitzgerald vogler encounter close relation shoal prior decisions warrant distinction existing relationship hypothetical relationship advances today ante see carey population services corporate distributor contraceptives challenge state law limiting sale products right also behalf potential customers emphasis added griswold connecticut noting pierce society sisters owners private schools entitled assert rights potential pupils parents barrows white defendant allowed raise rights prospective negro purchasers emphases added without suggesting timing relationship key decisions focused character relationship litigant rightholder see munson department labor triplett moreover found adequate relation litigants alleging standing whose rights seek assert nothing connection stake see carey thus see case turns last three standing inquiries existence impediment indigent defendants effective assertion rights litigation note first approached requirement degree elasticity see burger dissenting males ages sought purchase beer faced serious obstacle asserting rights hindrance faced rightholder need genuine insurmountable singleton plurality opinion see also munson practical obstacles prevent party asserting rights behalf recognized standing even assuming requirement starch insisted upon prior decisions case satisfies impediment test determine whether indigent defendants impeded asserting rights one must recognize incapacities defendants labor complexity issues cases may entail according department justice approximately eight ten state felony defendants use lawyers dept justice bureau justice statistics harlow defense counsel criminal cases available http internet materials visited available clerk case file approximately indigent defendants represented appointed counsel plead guilty convicted incarcerated tables likely many indigent defendants common state prison population complete high school dept justice bureau justice statistics harlow education correctional populations available http many lack basic literacy skills dept national center education statistics literacy behind prison walls xviii nces available http department education study found seven ten inmates fall lowest two five levels literacy marked inability basic tasks write brief letter explain error credit card bill use bus schedule state writing argument made lengthy newspaper article app interpreting literacy scales inmate handicapped surely possess skill necessary pursue competent pro se appeal indigent poorly educated defendants face appeals guilty pleas often less complex appeals indigent defendant pleads guilty may still raise appeal constitutional defects irrelevant factual guilt double jeopardy claims requiring factual record jurisdictional defects challenges sufficiency evidence preliminary examination preserved entrapment claims mental competency claims factual basis claims claims state right proceed first place including claims defendant charged inapplicable statute claims ineffective assistance counsel people bulger cavanagh dissenting citations omitted indigent defendant pursuing appeal must also navigate michigan procedures seeking leave appeal sentencing guilty plea michigan stated rule requires defendant file application appeal within days entry judgment rule app proc defendant must submit five copies application stating date nature judgment order appealed concisely reciting appellant allegations error relief sought setting forth concise argument support appellant position issue rule state administrative office furnished form application accompanied two pages instructions defendants seeking leave appeal sentencing guilty plea form unlikely provide adequate aid indigent poorly educated defendant form requires entry information charge code mcl code asks applicant state issues facts relevant appeal requires applicant state law supports position explain law applies facts case application leave appeal sentencing plea guilty nolo contendere http rev last task onerous applicant familiar law school examinations tall order defendant marginal agreeing judge rogers dissent en banc sixth circuit decision writes recognizing standing allow lawyers generally assert standing champion potential clients rights ante example medical malpractice attorney challenge tort reform statute behalf future client social security lawyer challenge new regulations ibid tesmer granholm en banc cases however marked contrast instant case persons directly affected malpractice plaintiffs benefits claimants face unusual obstacle securing aid counsel attack disadvantageous statutory regulatory change cause therefore allow attorney challenge provision suit brought attorney name party whose interests provision directly impacts instead mount challenge aid counsel case unusual deprivation counsel prevents indigent defendants protecting right counsel brief national association criminal defense lawyers et al amici curiae challenged statute leaves indigent criminal defendants without aid needed gain access appellate forum thus without viable means protect rights cf evitts lucey services lawyer virtually every layman necessary present appeal form suitable appellate consideration unpersuaded attorneys argument ante main sees clear path fitzgerald vogler attend ed state assist ed indigent defendants ibid attorneys taken course hundreds perhaps thousands criminal defendants gone uncounseled attorneys afforded assistance individuals order protect rights indigent defendants attorneys sought prospective classwide relief prevent statute taking effect see tr oral arg problem file litigation statute went effect statute went effect thousands michigan indigents denied right counsel every year suffer probably irreparable damage right case implicates none concerns underlying prudential criteria general prohibition standing unnecessary pronouncement constitutional issues also premature interpretations statutes areas constitutional application might cloudy assures issues concrete sharply presented munson attorneys fitzgerald vogler properly frame issues present ed necessary adversarial zeal whether indigent defendants whose rights assert entitled counsel question fully ripe concludes principle younger harris additional reason deny attorneys standing ante whether federal abstain younger course distinct whether party standing sue see quoting lake carriers assn macmullan state criminal proceeding pending time federal complaint filed federal intervention result duplicative legal proceedings disruption state criminal justice system federal intervention circumstance interpreted reflecting negatively upon state ability enforce constitutional principles attorneys fitzgerald vogler filed suit michigan statute took effect time state criminal proceeding governed statute existed suit sum case presents unusual unique case defendants facing practical obstacles protecting rights state forum first deprivation counsel prevents indigent defendants many likely unsophisticated poorly educated protecting rights second substantive issues defendants raise appeal myriad often complicated third procedural requirements appeal guilty plea altogether friendly exposure impecunious defendants blockages state makes need suit compelling reasons stated affirm en banc sixth circuit decision attorneys fitzgerald vogler standing maintain instant action proceed merits controversy footnotes statute limits appellate counsel defendants plea guilty guilty mentally ill nolo contendere comp laws ann west simplicity shall refer defendants plead guilty although analysis applies three situations satisfy article iii party must demonstrate injury fact causal connection injury conduct party complains likely favorable decision provide redress lujan defenders wildlife internal quotation marks omitted case attorneys alleged injury fact flows contention michigan system reduced number cases appointed paid assigned appellate counsel app complaint harm allege remedied declaratory injunctive relief aimed system assume without deciding allegations sufficient see ruhrgas ag marathon oil appeals suggested however adverse michigan precedent merits constitutional claim made resort state courts futile thus justified attorneys sally federal kind basis standing see caplin drysdale chartered mischief resulted allowing attorneys circumvent younger telling time michigan chance rule even prestatutory practice see people bulger july holding practice constitutional federal district ruled prestatutory practice impending statute unconstitutional tesmer granholm supp ed mar also issued injunction michigan judges instructing appoint counsel regardless said supp ed june thus federal district effectively trumped michigan ruling caused unnecessary conflict federal state courts caused confusion among michigan judges attempting implement conflicting commands judge rogers explained lawyer make credible claim challenged regulation affect income satisfy article iii however possibilities endless medical malpractice attorney assert abstract generalized challenge tort reform statutes asserting rights hypothetical malpractice victim victims might sue attorney specializing social security cases challenge implementation new regulation asserting rights hypothetical claimant claimants ibid footnotes see also tyler judges registration davis farnum mfg los angeles owings norwood lessee cranch marshall wellington mass shaw barrows jackson vinson dissenting footnotes true several cases standing upheld basis economic injury law question proscribed conduct challenger sought engage see craig boren beer vendor prohibited selling beer males aged decisions confirm however plaintiff exposure enforcement action essential determination see singleton wulff pierce society sisters little doubt plurality singleton recognized standing even physicians opened clinic time commenced suit conn gabbert see ante instructive failed assert injury fact thus fortiori assert standing rare case unusually effective pro se defendant exception proves rule identifies three michigan defendants pursued claims pro se ante fact handful pro se defendants brought claims shows neither defendant successfully navigate state procedures effectively represent merits considerations economy parties fully briefed argued case also favor reaching merits agree younger force indigent defendants pursue claims state younger stricter impediment requirement standing doctrine younger harris requiring extraordinary circumstances allowing federal intervention