The Sixth Amendment guarantees criminal defendants the right to representation by counsel. In 1975, the Supreme Court held that the structure of the Sixth Amendment necessarily implies that a defendant in a state criminal trial has a constitutional right to proceed without counsel when he voluntarily and intelligently elects to do so. See Faretta v. California, 422 U.S. 806 (1975). Thus, an unwilling defendant may not be compelled by the State to accept the assistance of a lawyer. A defendant's right to self-represenatation in federal criminal proceedings is codified in 28 U.S.C. § 1654.
Laws and organizations charged with regulating judicial conduct may also affect pro se litigants. For example, the Judicial Council of California officially advocates treating self-represented litigants fairly. The California rules allow for accommodating mistakes by a pro se litigant that would otherwise result in a dismissal, if the case is otherwise merited. In addition the Federal Rules of Civil Procedure rule 56 on summary judgments notes that pro se litigants may need additional advice with regard to necessity of responding a summary judgment motion.
Lawyers are necessary outside of traditional litigation, too. Many disputes today are resolved through settlements negotiated outside of court. Even when managed by a professional mediator, the inequality inherent in negotiations between an untrained lay person and a lawyer remains.9 Even when both parties represent themselves, one or the other often unintentionally negotiates away rights or entitlements that are theirs under the law, because they do not know what is due them.10
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In Study 1 we found that self-affirmation increased feelings related to state self-compassion, and these feelings statistically explained how self-affirmation increased pro-social behavior to a shelf-collapse event. Self-affirmation also increased desire for charitable giving, but we were not able to shed light on the process explaining this effect in Study 1. And notably, although Study 1 was appropriately powered to test main effects of self-affirmation on self-compassion and helping outcomes, it was underpowered to test potential mediating pathways. Nonetheless, Study 1 provided the first test of sensitive pre-post-affirmation changes in affective mechanisms (including self-compassion) of behavioral helping to a shelf-collapse incident (see Figure Figure11). Our results provide preliminary evidence that self-affirmation increases compassionate feelings compared to the control writing exercise. In accordance with the self-compassion perspective, affirmation increased compassionate feelings (e.g., sympathy) but also decreased self-criticism dimensions (e.g., critical; consistent with theoretical accounts of self-compassion, Neff, 2003a). Though our results do not suggest that feelings of love or connection or general positive affect mediate the effects of self-affirmation on pro-social behavior, we can not definitively rule out that possibility.
Clarence Earl Gideon was too poor to afford an attorney and thus proceeded pro se in his criminal trial in Florida in 1961. He was found guilty and subsequently appealed. He was appointed counsel (his attorney, Abe Fortas, later became a Supreme Court Justice) when the case reached the U.S. Supreme Court; the court ruled in Gideon v. Wainwright that the right to counsel means that states are required to provide counsel free of charge to indigent defendants in all criminal cases and that Florida's failure to appoint such counsel in Gideon's case constituted a violation of that right. On remand, Gideon was represented in the new trial, and was acquitted.
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Canon 2C. Membership of a judge in an organization that practices invidious discrimination gives rise to perceptions that the judge’s impartiality is impaired. Canon 2C refers to the current practices of the organization. Whether an organization practices invidious discrimination is often a complex question to which judges should be sensitive. The answer cannot be determined from a mere examination of an organization’s current membership rolls but rather depends on how the organization selects members and other relevant factors, such as that the organization is dedicated to the preservation of religious, ethnic or cultural values of legitimate common interest to its members, or that it is in fact and effect an intimate, purely private organization whose membership limitations could not be constitutionally prohibited. See New York State Club Ass’n. Inc. v. City of New York, 487 U.S. 1, 108 S. Ct. 2225, 101 L. Ed. 2d 1 (1988); Board of Directors of Rotary International v. Rotary Club of Duarte, 481 U.S. 537, 107 S. Ct. 1940, 95 L. Ed. 2d 474 (1987); Roberts v. United States Jaycees, 468 U.S. 609, 104 S. Ct. 3244, 82 L. Ed. 2d 462 (1984). Other relevant factors include the size and nature of the organization and the diversity of persons in the locale who might reasonably be considered potential members. Thus the mere absence of diverse membership does not by itself demonstrate a violation unless reasonable persons with knowledge of all the relevant circumstances would expect that the membership would be diverse in the absence of invidious discrimination. Absent such factors, an organization is generally said to discriminate invidiously if it arbitrarily excludes from membership on the basis of race, religion, sex, or national origin persons who would otherwise be admitted to membership.
Check to see if you qualify for a fee waiver that would allow you to proceed without paying any (or some) court fees. Every jurisdiction is different, but this usually involves filing an application or motion to waive fees, which a judge then reviews and makes a ruling. You will likely need to produce evidence showing that you cannot afford to pay court fees (e.g., affidavit, declaration, bills, bank statements, etc.).
As an indirect measure of pro-social behavior, participants completed a spending survey, allocating 100% of one’s income to nine categories (bills, food, clothing, luxury items, recreation, charitable giving, travel, gifts, housing). Importantly, the category of charitable giving was used as a covert measure of pro-social behavior (Piff et al., 2010, Study 2), with higher percentages indicating greater desire for charitable spending.
I prefer the definition that describes prose as a literary medium that is different from poetry in that prose has a more varied rhythm and is usually expressed in more ordinary, everyday language. This is what I sometimes term literary prose, the prose of essays, memoirs, short stories, and novels. And it is this type of prose that I address in ProseAct.
(4) A judge should practice civility, by being patient, dignified, respectful, and courteous, in dealings with court personnel, including chambers staff. A judge should not engage in any form of harassment of court personnel. A judge should not retaliate against those who report misconduct. A judge should hold court personnel under the judge’s direction to similar standards.
Shauna Strickland. Virginia Self-Represented Litigant Study: Outcomes of Civil Cases in General District Court, Juvenile & Domestic Relations Court, and Circuit Court. (December 2017). This report characterizes Circuit Court civil cases by analyzing caseload composition, the presence of legal representation, the level of case contention, and case outcomes.
There are also freely accessible web search engines to assist pro se in finding court decisions that can be cited as an example or analogy to resolve similar questions of law. Google Scholar is the biggest database of full text state and federal courts decisions that can be accessed without charge. These web search engines often allow pro se to select specific state courts to search.
2. Most district courts require you to have an original copy, a copy for each defendant, and an extra. Ask your clerk if they require more copies, and don't forget to keep a copy for yourself. 3. When you go to the district court's office, follow the clerk's instruction. They tend to be very helpful, and will usually lead you through the rest of the process. The clerk will give you a civil cover sheet to fill out while you are there. That cover sheet will be attached to your Pro Se. The clerk will help you, if you need assistance.
Alternatively, as suggested by previous theorizing and research (Sherman and Cohen, 2006), we tested whether changes in overall state positive affect could explain increased helping behavior (Isen and Levin, 1972). We created a composite measure of state positive affect (five items: hopeful, secure, joyful, confident, and open; pre α = 0.77, post α = 0.84) before and after the affirmation writing manipulation. The self-affirmation group did not have greater increases in general positive affect [as assessed by a one-way ANOVA on the composite state positive affect change score: F(1,50) = 0.05, p = 0.83] compared to the control group, indicating that changes in state positive affect is not a viable mediator.
Oftentimes, self-represented litigants become reactive when there’s a lawyer on the other side. Instead of getting ahead of things or running their own case, they let the lawyer take the lead. They spend so much time responding to discovery requests, summary judgment motions, motions to dismiss, and other filings that they don’t formulate a strategy of their own. They don’t do their own discovery or object to certain requests because they’re swamped and often intimidated. So, they’re always behind and in a constant reactive state. If a wise opponent sees how reactive you are, they can walk you right into an error. So, take control of your case. Never let a lawyer think that he’s in charge of it.
(3) Organizations. A judge may participate in and serve as a member, officer, director, trustee, or nonlegal advisor of a nonprofit organization devoted to the law, the legal system, or the administration of justice and may assist such an organization in the management and investment of funds. A judge may make recommendations to public and private fund-granting agencies about projects and programs concerning the law, the legal system, and the administration of justice.
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:
Some courts issue orders against self representation in civil cases. A court enjoined a former attorney from suing the new lover of her former attorney. The Superior Court of Bergen New Jersey also issued an order against pro se litigation based on a number of lawsuits that were dismissed and a failure to provide income tax returns in case sanctions might issue. The Superior Court of New Jersey issued an order prohibiting a litigant from filing new lawsuits. The Third Circuit however ruled that a restriction on pro se litigation went too far and that it could not be enforced if a litigant certified that he has new claims that were never before disposed of on the merits. The 10th Circuit ruled that before imposing filing restrictions, a district court must set forth examples of abusive filings and that if the district court did not do so, the filing restrictions must be vacated. The District of Columbia Court of Appeals wrote that "private individuals have 'a constitutional right of access to the courts', that is, the 'right to sue and defend in the courts'."