pro se
Pro se is Latin for "for oneself" or "on one's own behalf." A litigant who proceeds without legal representation is said to be proceeding pro se. Under 28 U.S.C. § 1654, all parties in federal court have the right to represent themselves. However, states may impose reasonable restrictions on self-representation in civil and appellate proceedings, provided such limits do not violate due process rights.
In criminal cases, the Sixth Amendment guarantees the right to representation or self-representation at trial. In Faretta v. California, 422 U.S. 806 (1975), the Supreme Court held that a defendant may refuse counsel and proceed pro se, as long as the decision is made voluntarily and intelligently. A court may not force counsel upon an unwilling defendant, though standby counsel may be appointed to assist with courtroom procedures. This right to self-representation does not extend to appeals of criminal convictions. In Martinez v. Court of App. of Cal., Fourth App. Dist., 528 U.S. 152 (2000), the Court held that states may require representation by counsel on appeal.
A waiver of the right to counsel in criminal proceedings must be knowing, voluntary, and intelligent. The Court in Faretta emphasized that while a defendant need not have formal legal training, they must understand the risks of self-representation. In Iowa v. Tovar, 541 U.S. 77 (2004), the Court clarified that the validity of a waiver depends on case-specific factors, including the defendant's education, the complexity of the charges, and the stage of the proceedings.
[Last reviewed in July of 2025 by the Wex Definitions Team]
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