Canon 2B. Testimony as a character witness injects the prestige of the judicial office into the proceeding in which the judge testifies and may be perceived as an official testimonial. A judge should discourage a party from requiring the judge to testify as a character witness except in unusual circumstances when the demands of justice require. This Canon does not create a privilege against testifying in response to an official summons.
Few places in Melville’s day could be more representative of a market society than a Mississippi steamboat. It is a place in a constant state of flux. Arrivals, departures, and the passage from one port to the next create a stream of strangers, an environment in which all interactions are constrained by the impermanence of the contact between the parties. Melville’s description of the boat is almost Heraclitean:
Eighty percent of state criminal defendants cannot afford to pay for a lawyer, and only those who are actually incarcerated are constitutionally entitled to appointed counsel. Many people facing misdemeanor charges can, if convicted, be subjected to significant fines and fees, or face the loss of benefits (including housing) or deportation. Yet, they have no right to an attorney, and those who cannot afford a lawyer will go without one.
A judge should be sensitive to possible abuse of the prestige of office. A judge should not initiate communications to a sentencing judge or a probation or corrections officer but may provide information to such persons in response to a formal request. Judges may participate in the process of judicial selection by cooperating with appointing authorities and screening committees seeking names for consideration and by responding to official inquiries concerning a person being considered for a judgeship.
Unlike in the criminal context, there’s no federal constitutional right to counsel in civil cases. Civil cases can involve a range of critical issues, including housing, public benefits, child custody and domestic violence. And while some civil litigants may be entitled to counsel in certain jurisdictions, in most of these cases, people who cannot afford a lawyer will be forced to go it alone. Doing so may mean that they fail to make it through the process, have their case dismissed or lose what otherwise would have been a winning case.
An independent and honorable judiciary is indispensable to justice in our society. A judge should maintain and enforce high standards of conduct and should personally observe those standards, so that the integrity and independence of the judiciary may be preserved. The provisions of this Code should be construed and applied to further that objective.
According to the 1996 report on pro se by University of Maryland Law School, 57% of pro se said they could not afford a lawyer, 18% said they did not wish to spend the money to hire a lawyer, 21% said they believed that their case was simple and therefore they did not need an attorney. Also, ABA Legal Needs Study shows that 45% of pro se believe that "Lawyers are more concerned with their own self promotion than their client's best interest."
7Running afoul of Federal Rule 11 has been identified as a problem facing unrepresented litigants pursuing frivolous claims. United States District Court, District of Minnesota, and Federal Bar Association, Minnesota Chapter, Pro Se Project (Minneapolis: United States District Court, District of Minnesota, and Federal Bar Association, Minnesota Chapter, 2016) [LINK]. See also Stienstra et al., Assistance to Pro Se Litigants in U.S. District Courts.
The American Bar Association (ABA) has also been involved with issues related to self-representation. In 2008, the Louis M. Brown Award for Legal Access was presented to the Chicago-Kent College of Law Center for Access to Justice & Technology for making justice more accessible to the public through the use of the Internet in teaching, legal practice and public access to the law. Their A2J Author Project is a software tool that empowers those from the courts, legal services programs and educational institutions to create guided interviews resulting in document assembly, electronic filing and data collection. Viewers using A2J to go through a guided interview are led down a virtual pathway to the courthouse. As they answer simple questions about their legal issue, the technology then "translates" the answers to create, or assemble, the documents that are needed for filing with the court.
23Lorelei Laird, “Judges Reflect on Dealing with Difficult Pro Se Litigants,” ABA Journal, July 31, 2015 [LINK]; Arkansas Access to Justice Commission, “Survey of Arkansas Circuit Court Judges Regarding Self-Represented [Pro Se] Litigants” (Little Rock: Little Rock Access to Justice Commission, 2008) [LINK]; and Allen Baddour, “Civil Pro Se Litigants,” October 2010 [LINK].
Pierre loves his mother like a sister, his sister like a wife, and his ex-fiance like a cousin. Plus two romantic friendships with a male cousin and boyhood friend. This is an insane book, beautifully written, poetic and philosophical, with one of the most sudden, craziest feel bad endings I've seen since Dostoevsky's The Demons. In the last few chapters there is one murder, two suicides, and one death by shock/heartbreak.
(H) Compensation, Reimbursement, and Financial Reporting. A judge may accept compensation and reimbursement of expenses for the law-related and extrajudicial activities permitted by this Code if the source of the payments does not give the appearance of influencing the judge in the judge’s judicial duties or otherwise give the appearance of impropriety, subject to the following restrictions:
“One statistic asserts that 90 percent of Americans will face a lawsuit at some point in their lives,” Zeidwig points out. “Yes, it’s possible to represent yourself in court, but you need to know specifically what to do in order to be best prepared. For example, how much time you have to file documents and such is rigid — if you miss the deadline, you’re in serious trouble.”
The present findings provide an initial indication for a self-compassion account of self-affirmation effects. Specifically, we find in two studies that self-affirmation can increase self-compassionate feelings, and that these feelings foster more pro-social behaviors (in Study 1). Moreover, Study 2 provides direct evidence that these compassionate feelings are directed toward the self (and not toward others) and are specific to affective perceptions (and not general performance perceptions). Study 2 also highlights an important moderating role of trait self-compassion, suggesting that self-affirmation enhances feelings of self-compassion specifically for those dispositionally deficient in this resource. However, while we believe that self-compassion is a promising mechanism for self-affirmation effects, more research is needed to test these conclusions.
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
The plaintiff — the creditor or debt buyer — ALWAYS has the burden of proof in a debt collection case. This means that the plaintiff has to come up with evidence to prove to the court that (1) the plaintiff has the right to sue you; (2) the debt is yours; and (3) you owe the exact amount of money that the plaintiff claims you owe. You do not have to prove that you do not owe the money. Rather, the plaintiff has to prove that you DO owe the money.
17See Self-Represented Litigation Network, “Model Code of Judicial Conduct Provisions on Self-Represented Litigation: Options for Alternative Comment Language Prepared in Support of Potential State Activity in Response to 2012 Resolution 2 of the Conference of Chief Justices and the Conference of State Court Administrators” (Williamsburg, Va.: National Center for State Courts, 2013).
Forgoing the narratives of the sea that prevailed in his earlier works, Melville's later fiction contains some of the finest and many of his keenest and bleakest observations of life, not on the high seas, but at home in America. With the publication of this Library of America volume, the third of three volumes, all Melville's fiction has now been restored to print for the ...more
One limitation of Study 1 is that we did not use a validated measure of state self-compassion, but constructed a composite measure of compassionate feelings using theoretically consistent items available from the administered affect checklist. It is possible that our composite self-compassion measure in Study 1 indexes other constructs besides self-compassion. To address this limitation, we conducted Study 2 to test whether self-affirmation increases self-compassion using a validated behavioral measure of self-compassionate feelings in response to a storytelling task (Leary et al., 2007). Moreover, a limitation of our Study 1 findings, like previous studies (Crocker et al., 2008), is that an alternative compassion explanation can be offered – specifically, it is unclear whether the increase in compassionate feelings in Study 1 are directed toward the self (consistent with our self-compassion account) or toward others (or toward both the self and others). Study 2 directly tests this self vs. other-focused compassion account of self-affirmation by manipulating whether participants provide ratings of their compassionate feelings toward their own storytelling video (self) or to the video of a peer (other). Study 2 also provided an opportunity to extend our self-compassion account by testing the role of trait self-compassion in moderating self-affirmation effects (we did not include a trait self-compassion individual difference measure in Study 1, a study limitation). Specifically, participants in Study 2 completed a measure of trait self-compassion (Neff, 2003b; Raes et al., 2011) to test whether self-affirmation effects on self-compassion are moderated by trait self-compassion, such that self-affirmation increases self-compassionate feelings most in participants who have pre-existing low levels of trait self-compassion.
Then, participants were randomly assigned to either watch their own video or a female study confederate’s video, whom participants believed to be the previous study participant. After watching the storytelling video, participants completed an 8-item measure of how they felt while watching the (self or peer) video, which served as our primary measure of compassionate feelings. Specifically, participants rated eight feeling adjectives [relaxed, happy, sad (reverse-scored), proud, embarrassed (reverse-scored), irritable (reverse-scored), nervous (reverse-scored), peaceful] using 7-point Likert scales (1 = not at all to 7 = extremely). These items were summed to create a composite measure of compassionate feelings toward the self or other video (α = 0.83), with higher scores referencing higher compassionate feelings. Importantly, by asking participants, “How did you feel while watching your [the] video?” we were able to specifically probe feelings of self-compassion (or other-directed compassion) in response to this mildly embarrassing, impromptu storytelling playback. More positive feelings result from feelings of compassion, and less positive feelings reflect negative judgments and a critical response to the video. To evaluate the specificity of the self-compassionate feelings account, participants also completed a 9-item measure of their social perceptions in response to watching the storytelling video (see Leary et al., 2007, Study 4). Participants were asked to rate how they (or the peer) appeared in the video on nine performance dimensions [awkward (reverse-scored), confident, nervous (reverse-scored), creative, reasonable, competent, attractive, foolish (reverse-scored), likable] using 7-point Likert scales (1 = not at all to 7 = extremely) in response to the question, “How do you think you [the other participant] appeared on the video?” Like the compassionate feelings composite measure, the nine items were summed to create a composite measure of performance perceptions toward the self or other video (α = 0.83), with higher scores referencing higher social perceptions of performance during the storytelling task. Thus, we were able to measure two distinct aspects of self-compassion (and other-directed compassion): feelings of (self-) compassion and performance perceptions in response to the storytelling video. These behavioral ratings of self-compassion are positively related to trait self-compassion in previous work (Leary et al., 2007, Study 4). Participants completed a final demographics measure before being probed for suspicion, fully debriefed, and dismissed.
Last month, Canada rolled out its federal carbon tax to four provinces, creating a new tax on all goods based on their total carbon footprint. While polluting less is a worthy goal for us all, the plan will only take money from taxpayers to fill government coffers. Instead of imitating Canada’s broad, ineffective tax, the United States should focus on promoting more responsible, lower emitting modes of power generation.
To avoid this disaster scenario, you should find out early on whether your opponent has the financial wherewithal to pay you if you win. Do some basic online research (e.g., Google, Bing, etc.) and social media (Facebook, Instagram, etc.). Is he employed? Does he drive a nice car? Does he appear to have disposable income (vacations, restaurants, property, possessions)?
Expert witnesses: If your case requires an expert witness, that could cost hundreds of dollars per hour. You will need to pay the expert for her time reviewing any materials, writing a report, and preparing for and testifying at depositions and trial. Some experts also require payment for travel costs, parking, mileage, and hotel accommodations, if necessary.
Like the self-resources account, our findings indicate that self-affirmation boosts one’s self-image by increasing positive self-feelings, but provide additional specificity about the nature of these feelings; self-affirmation increases feelings related to self-compassion (e.g., sympathy, trust, and less criticism; Study 1). Like self-esteem, self-compassion predicts positive feeling states, but is distinguished by its more stable relationship to self-worth, independent of positive or negative outcomes (Neff and Vonk, 2009). Consistent with this, in response to a potentially embarrassing video of oneself, affirmed participants maintained positive self-feelings (Study 2). The effect of self-affirmation writing on self-compassion may explain why few studies have shown that self-affirmation increases general feelings of state self-esteem or positive affectivity (Sherman and Cohen, 2006).
I am an Arizona attorney. AVVO does not pay us for our responses. Simply because I responded to your question does not mean I am your attorney. In Arizona a non-lawyer is held to the same standards as an attorney so there are dangers to representing yourself. This is for informational purposes only and should not be considered as legal advice. If you require legal assistance an in depth discussion of your case is needed as there are many other issues to consider such as defenses, statute of limitations, etc.
Canon 3A(4). The restriction on ex parte communications concerning a proceeding includes communications from lawyers, law teachers, and others who are not participants in the proceeding. A judge may consult with other judges or with court personnel whose function is to aid the judge in carrying out adjudicative responsibilities. A judge should make reasonable efforts to ensure that law clerks and other court personnel comply with this provision.
The Connecticut Supreme Court narrowed criminal defendant's right to self representation, stating that "we are free to adopt for mentally ill or mentally incapacitated defendants who wish to represent themselves at trial a competency standard that differs from the standard for determining whether such a defendant is competent to stand trial". A Senior Assistant State's Attorney explained that the new standard essentially allows judges to consider whether the defendants are competent enough to perform the skills needed to defend themselves, including composing questions for voir dire and witnesses.