John S. Bowler

No Standing

(The view point expressed below is born of 35 years of front-line litigation in the nation’s criminal courts. Specifically, 5 years as a USAF JAG Officer defending Courts-Martial, 6 years in a District Attorney’s Office in Rochester, NY and 25 years as a federal prosecutor in Raleigh, NC.) “Standing” refers to the requirement that a would-be litigant must demonstrate before he or she is permitted to file a law suit. Properly used it is an entirely legitimate screening process intended to shield the courts from being inundated with meddlesome, essentially pointless litigation. A concrete example might be as follows: my neighbor on one side punches my neighbor on the other side. I am quite friendly with the victim and find the perpetrator an arrogant #. The victim gets an apology from the aggressor and they settle the dispute. I believe the aggressor needs much more punishment to deter future assaults. Can I file a civil suit? No. I have no standing. I was not injured and have no loss to vindicate. It is the victim’s option alone. Note that I might well bring the matter to the attention of local criminal courts in hopes of the state/county/municipality might find it worthwhile to bring criminal charges against the aggressor. However, if this happens I am only a witness not a litigant and have no control over the litigation.