Cases Reaching the Supreme Court There ar

Another way in which a case can be brought to the Court is through a pauper's petition. This is provided by federal statute, which allows the petitioner to file a petitioner without paying the normal costs or following the usual forms. Such a petitioner need only file one copy and the petition can contain technical errors so long as the petition is in "substantial compliance." Moreover, the petition need not be typed or printed; some are handwritten.

One of the most famous examples of a petition in forma pauperis was that submitted by Clarence Earl Gideon in 1962. Gideon was a prisoner in the Florida State Prison who claimed that he had been denied his right to due process by the State of Florida when it had refused to supply him with legal representation during his felony criminal trial for breaking and entering. Florida had argued that it was not bound to do so because the Supreme Court had held during the 1940s that there was no f

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least one typewritten copy of the trial court transcript. Not only cannot pauper petitioners provide copies of transcripts or opinions, but almost none of them are attorneys who might understand how to argue the jurisdictional basis for the Supreme Court's review. Although few paupers' petitions present any real question which the Court wishes to consider, the Court has developed a careful method for analyzing the petitions. All are held unopened for thirty days to allow a reply by the respondents. Usually, as in the case of Gideon's petition, a state respondent presents no reply. At the end of the thirty day period, the petition is sent to the Chief Justice, for perusal by his clerks. One clerk then prepares a memorandum on the petition, stating the claims and the relevant legal framework. This memorandum is then circulated among the nine justices, who consider whether the claim is serious enough for review. The clerk may also suggest to the Chief Justice that the claim is serious enough to warrant a response from the respondent. A response can help the Court decide whether the issues presented by the claim warrant review. Although the Florida trial court had ruled that Gideon did not have a right to be represented
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