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Summary of State and Local Justice Initiatives
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PRO SE: Self-help litigation, interactive court
Pro Se means "on one's own behalf." Representing oneself in court is a time-honored American tradition and is a constitutional right. Self-representation, when combined with the power of modern information technology can be an important means of providing increased access to the legal system. Pro-se assistance includes activities ranging from accessing legal forms on-line to consultations on the pro se process by pro bono volunteers. Self-representation raises concerns among judges for slowing down the court process and concerns among lawyers, both for economic reasons and for concerns about protecting the rights of pro ses.
In Delaware, the Court of Common Pleas is collaborating in a program designed to improve access to the justice system by pro se litigants that includes developing forms and instructions. This Pro Se Committee is focused on establishing a statewide program in each of Delaware’s three counties to maximize access for self-represented litigants. Members include representatives from the bench, the bar and the public. Program goals include providing information to pro se litigants that will enable them to make an educated determination of whether they will be capable of adequately representing themselves; developing instructions and forms in plain English and to make the instructions available in a variety of common languages.
The Iowa Supreme Court’s Customer Service Advisory Committee has developed "Guidelines for Clerks Who Assist Pro Se Litigants" and "Suggested Responses for Clerks to FAQs from Pro Se Litigants" as training materials for court staff and as a reference for pro se litigants.
The Maine Bar Association has been developing an action plan to address pro se litigation and plans are underway to create a national model for pro se litigants and especially for victims of domestic violence who live in a rural state. The model would incorporate new models for delivery assistance by staff of legal service providers and by the private bar.
A Massachusetts conference is planned to begin to address the challenges posed statewide by an increase in pro se litigants, thus improving access to justice for unrepresented litigants and simultaneously easing the challenges the courts and the bar face in providing improved access to justice for these litigants.
The Massachusetts Bar Association has conducted a survey of pro se users of various courts in the Commonwealth to ascertain the extent and underlying reasons for the purported growth of pro se litigants.
In Wisconsin, the Pro Se Working Group was initiated and a working group made up of judges, attorneys, clerks of circuit court, law professors, members of the public, and representatives from domestic violence organizations was established to develop an action plan to address the issue of pro se litigation in Wisconsin.
The American Judicature Society, 312/558-6900 sponsored a national conference on pro se resulting in a website for state teams working on pro se issues, www.ajs.org
Further information may be obtained from the National Center for State Courts; 757/253-2000, American Judicature Society, 312/558-6900, and the Council for Court Excellence, 202/ 785-5917.