The 2014 amendment to the Compliance section, regarding retired bankruptcy judges and magistrate judges and exempting those judges from compliance with the Code as part-time judges if they notify the Administrative Office of the United States Courts that they will not consent to recall, was not intended to alter those judges’ statutory entitlements to annuities, cost-of-living adjustments, or any other retirement benefits.
Gary Zeidwig doesn’t think so, at least not all the time. Zeidwig, an award-winning lawyer, reveals that there are some cases where an individual can move forward pro se, (for oneself) that is, advocating without an attorney and defending or fighting for their rights on their own behalf, and that it’s not only acceptable but relatively safe to do so.
The inconsistent character embodies a contradiction that isn’t just a jumble but a tension that can resolve into something else. The confidence-man is trust and mistrust at once, a number of different people in one, an impossible ability to transform—and also the exact symbol of an emerging market society, the no-man and everyman you need to both trust and mistrust in order to exist under capitalism. But, in another intrusion, Melville asks:
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).
Our present findings suggest that self-affirmation may increase feelings of self-compassion, and that self-compassion may be a promising new mechanism for a potentially broad range of self-affirmation effects. More research is needed, but the present research provides an initial suggestion that affirming an important personal value increases feelings of self-compassion for mobilizing a pro-social self.
Telling someone “Trust me” is usually a dead giveaway that they should do exactly the opposite. A trustworthy person doesn’t need to insist on it. Professions of the need for trust are a pretty good sign that someone is trying to sell you something. Herman Melville’s The Confidence-Man: His Masquerade, the last novel he published in his lifetime, which met with scathing and uncomprehending reviews, plays around with this theme. It’s a disorienting string of loosely connected scenes, tracking the schemes of a shapeshifting trickster aboard a Mississippi steamboat who solicits his fellow passengers through a variety of pitches, always insisting on the need for confidence in the goodness of the world.
If the novelist is part of this same trade, a con man in his own right, he deserves that same mix of trust and mistrust. He’s out on the road making deals, looking for specimens to exhibit. There he goes, transforming experience into remarkable distilled concoctions of truth. Look at this amazing, original character, calls the novelist, see the skill with which something of human character is revealed. Step right up, enjoy the show. The novelist is in this same spot between the general and the particular, offering a meaningful, personal connection through a product of which, if the vagaries of the publishing industry are favorable, vast numbers of copies are made. In The Confidence-Man, Melville’s showing off his showmanship, letting you know he’s bluffing. And that’s the only way you know to trust him.
If you’re a Gangster, you’re almost there. You already have more knowledge, experience, skills and confidence than the lesser types. Just realize that you can’t always win with brute force. Add persuasion to your skill set, and fill gaps in your knowledge of protocol and procedure. That way, you won’t need to rely on brute force. That’s how you become a Conqueror.
The essence of capitalism is, as Marx recognized, its dynamism, its capacity and need for constant change. Money and commodities constantly metamorphose into each other, and with them, whole societies are in flux. In this sense it’s important that Melville’s book about money is also a “masquerade,” an eternal shift between costumes. What the book does not include is what the character might look like without a costume. His is a constant shift between masks. Transaction complete, he takes on another form. In this sense, the confidence-man is a bit like money. The promise of money isn’t what it is, but what it can appear as—anything. Through the circulation of commodities a sum of money can become so many things that it wouldn't make sense to speak of an essence. Yet it requires the illusion of a singular, fixed form in order to make its transformations.
Christa Adkins, the owner of Pro Se One Stop Legal Document Services, LLC, offers highly personalized services to her customers because she has stood in their shoes and knows the fears and frustrations of navigating the legal system alone. Christa is not an attorney, but dedicates her heart and soul to helping other pro se litigants navigate the legal system and fill out their legal documents and forms. Christa has been highly successful in her own pro se endeavors. In 2016, she took her first appeal to the Third District Court of Appeal and successfully had the trial court reversed. Additionally, in 2016 she filed a successful pro se motion for disqualification of the trial judge and the trial judge was removed from her case. In 2017 Christa successfully submitted a pro se Petition for Writ of Certiorari to the Third District Court of Appeal. Her petition was granted.
Researching a business’s financial situation is a bit trickier than a person, but there are still things you can do. Drive past the business. If it is a retail establishment, restaurant, or store, are there people going in and out? Does it appear to be relatively successful? Does it own any equipment, vehicles, or merchandise? Does it have a legitimate website and social media presence? Read any reviews or articles you find relating to that business.
Do I have the time and resources available to represent myself pro se? As you can see, there is a lot of learn before representing yourself at a child custody hearing. Parents considering pro se representation should carefully consider whether they have the time, determination, and undivided attention necessary to dedicate to this task before deciding to go it alone in court.
Taking part in a recent ribbon cutting in Brooklyn are, from left, Lynn Kelly, executive director of the City Bar Justice Center; Debra L. Raskin, New York City Bar Association president; Chief Judge Carol B. Amon, Eastern District of New York; Magistrate Judge Lois Bloom; and Nancy Rosenbloom, director of the Federal Pro Se Legal Assistance Project.
While the Due Process Clause does not require the provision of counsel in a civil contempt case for failure to pay child support when the opposing parent is not represented by counsel, the court should provide "alternative procedural safeguards," such as "adequate notice of the importance of ability to pay, fair opportunity to present, and to dispute, relevant information, and court findings."
The novel begins on April Fool’s Day, with the boarding of a steamer by a man who is, “in the extremest sense of the word, a stranger.” Over the course of the day, a number of apparitions wink into and out of existence on the same boat peddling several schemes. They might all be the same man, in what Melville calls “his masquerade.” They refer to each other, and each picks up where the last one left off. They talk up stock in something called the Black River Coal Company and ask for donations to the Seminole Widow and Orphan Asylum. Shares in a New Jerusalem founded by “fugitive Mormons” are offered. One, an herb-doctor, sells natural cures with names like the Omni-Balsamic Reinvigorator and the Samaritan Pain Dissuader. Another has a proposal for a World's Charity, funded by a small tax on every member of the human race. He proposes to bring the “Wall Street spirit” to charity, offering contracts for the conversion of the heathens to end the “lethargy of monopoly” which plagues the current missionary system. In his breathless enthusiasm for the power of the market this one could fit right in on the New York Times op-ed page, but all of these charlatans are recognizable American types.
“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.”
This surprisingly easy hack is one that can be done anytime, anywhere--and is rarely done enough. People underestimate the power of an erect spine or a rigid stance. Carrying yourself like you are proud to be who you are indirectly gives your brain feedback that you are indeed a lovely human, so that you subsequently positive feelings about yourself. Who knew the body could be such a powerful tool?
Genius often makes itself known in short bursts, so don't let it go when it comes around. If you have a great idea for a new work process, a recipe to try, or even a way to drive more efficiently, write it down. This way, you'll remember the strokes of genius that fleetingly pass through, and you'll be able to look back on them and remind yourself of the little things when you're feeling down.
The justice system cannot function without the confidence of the public.26 Lack of confidence will eventually lead to distrust of the system and the rule of law. Trust in the rule of law is an essential part of democracy. Although the public trusts the judiciary more than the other branches of government, confidence in the U.S. civil justice system is low.27 In an adversarial system, unrepresented litigants threaten public confidence: when individuals perceive or receive unequal treatment, they lose respect and confidence in the institution that is supposed to deal fairly with them.
Most family divisions of the Vermont Superior Court offer a one-hour program each month. Other divisions offer them quarterly. A lawyer who practices in the family division conducts the program. The lawyer cannot talk to you about the specifics of your case. Instead, you will receive general information about the law and the process. See the schedule below for the county in which you filed your action.
In New Hampshire one party is pro se in 85% of all civil cases in the district court and 48% of all civil cases in the superior court in 2004. In probate court, both sides are unrepresented by lawyers in 38% of cases. In superior court domestic relations cases, almost 70% of cases have one pro se party, while in district court domestic violence cases, 97% of the cases have one pro se party.