Office of Public Advocacy v. Fannie Berezkin f/n/a Fannie Smith and Harold Smith

Summary

The court held that the case, although moot after settlement, warranted review under the public interest exception because the issue could recur, evade review, and implicate an important constitutional right. It affirmed the appointment of counsel, concluding that an attorney assigned through ALSC's pro bono program is counsel provided by a public agency under the governing statute and due-process precedent. The court treated the attorney's private, unpaid status as immaterial because ALSC screened the client and supplied institutional support funded in part by public money.