On December 10, 2007, the United States Court of Appeals for the Seventh Circuit vacated a judgment and summary judgment entered in the United States District Court for the Western District of Wisconsin forfeiting the home of the firm’s client to the government for alleged violations of the narcotics laws. The Court of Appeals held, as the government itself had conceded in its Response Brief, that the district court erred in declining to appoint counsel for the firm’s client under 18 USC 983(b)(2)(A), which the Court of Appeals concluded required the appointment of counsel when the government seeks to forfeit the home of an indigent person who requests counsel. The Court further held that this error was not harmless. On joint motion of the parties, the Court remanded the case without oral argument to the district court with instructions to appoint counsel for the firm’s client in further proceedings. Timothy P. O’Connor represented the firm’s client in the appeal of the forfeiture judgment and summary judgment.
