GERALD M. MCKIRE, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT

Fla. 3d DCA | 2016-08-26
No. 3D15-1770
Before WELLS, EMAS and LOGUE, JJ.
201 So. 3d 645 Florida District Court of Appeal, Third District (2016)

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Synopsis

The Florida District Court of Appeal, Third District, struck a pro se petition for writ of certiorari filed by Gerald M. McKire, who had previously been prohibited from filing further pro se appeals in the same criminal case due to repeated filing of meritless appeals. The court directed McKire to show cause why sanctions should not be imposed for violating the prior order.


Holding

The court struck McKire's petition as unauthorized. The court reaffirmed that while pro se parties have a constitutional right to access courts, this right is not absolute and may be forfeited when a party abuses the judicial process by filing successive or meritless collateral claims. The court directed McKire to show cause within thirty days why sanctions should not be imposed.


Headnotes

[1] A party's right to proceed pro se is not absolute and may be forfeited upon a determination of abuse of the judicial process through the continued filing of successive or…

[2] Courts must balance a pro se litigant's right to access the courts with the need to protect the judicial process from abuse.

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Key Quotes

“The right to proceed pro se may be forfeited where it is determined, after proper notice and an opportunity to be heard, that the party has abused the judicial process by the continued filing of successive or meritless collateral claims in a criminal proceeding.”

Establishes the legal standard for when a court may restrict pro se rights due to abuse of process.

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Facts & Procedural History

Gerald M. McKire, proceeding pro se, filed a petition for writ of certiorari regarding his conviction and sentences in lower court case no. 87-3572. T…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We strike, as unauthorized, Gerald M. McKire’s pro se petition for writ of certio-rari. We previously determined that Mr. McKire has engaged in the repeated fifing of meritless pro se appeals on the same case below, resulting in our issuance of an order directing the clerk of this court “to reject any further appeals, petitions or motions from Gerald M. McKire regarding the conviction and sentences imposed in lower court case no. 87-3572 unless such pleadings are signed by an attorney.” See McKire v. Moore, 826 So.2d 1023, 1023 (Fla. 3d DCA 2001).

While pro se parties must be afforded a genuine and adequate opportunity to exercise their constitutional right of access to the courts, that right is not unfettered. The right to proceed pro se may be forfeited where it is determined, after proper notice and an opportunity to be heard, that the party has abused the judicial process by the continued filing of successive or meritless collateral claims in a criminal proceeding. State v. Spencer, 751 So.2d 47 (Fla.1999). As our sister court aptly described it, there comes a point when “enough is enough.” Isley v. State, 652 So.2d 409, 410 (Fla. 5th DCA 1995). Although termination of the right to proceed pro se will undoubtedly impose a burden on a litigant who may be unable to afford counsel, courts must strike a balance between the pro se litigant’s right to participate in the judicial process and the *646courts’ authority to protect the judicial process from abuse.

Mr. McKire was previously given the opportunity to show good cause why he should not be prohibited from participating as a pro se litigant in this court. This court thereafter determined that Mr. McKire failed to show good cause, and this court issued its order precluding same. That order remains in effect and Mr. McKire’s action in filing the instant petition constitutes a violation of that order.

Therefore, Gerald M. McKire is hereby directed to show cause, within thirty days from the date of this opinion, why this court should not impose sanctions for his violation of this court’s prior order prohibiting the filing of any pro se appeals, petitions, or motions regarding lower court case number 87-3572.

Absent a showing' of good cause, this court intends to issue written findings which will be forwarded by the clerk of this court to the Florida Department of Corrections for its consideration of disciplinary action, including the forfeiture of gain time. See § 944.279(1), Fla. Stat. (2012).


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