From Judge Jennifer Dorsey (D. Nev.) last week in Naessens v. Breslin:
Pro se plaintiff … contends … that he has an undisclosed mental-health condition that made him incompetent to represent himself during this lawsuit….
Naessens … argues that he was "diagnosed with a serious mental-health condition and lacked the capacity to proceed pro se without a judicial determination of competence or court-appointed representation." He asserts that the court should have sua sponte inquired into his competency and appointed a guardian ad litem to represent his interests. He contends that the failure to do so violated his constitutional rights.
Naessens cites no authority for the notion that this court should have, unprompted, questioned his competency to litigate a case that he brought before this court. The court's obligation to conduct a competency hearing under FRCP 17(c) arises only when a "substantial question exists regarding the mental competence of a party proceeding pro se …." No such question arose in this case; Naessens actively participated in motion practice, coherently articulated his arguments and allegations, and never informed the court of any condition that affected his competency.
