I truly do appreciate the work you do and the information you provide as this is a great service to "all" citizens. Certainly more "legal information" is needed to increase "legal literacy" in the world today. I am amazed that you are able to respond so quickly given your "one man" operation. The "legacy" you are leaving by promoting "legal education" is important to this generation as well as future generations and I commend you for your efforts to impart of your knowledge. ... Leonard S.
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."
Canon 3B(3). A judge’s appointees include assigned counsel, officials such as referees, commissioners, special masters, receivers, guardians, and personnel such as law clerks, secretaries, and judicial assistants. Consent by the parties to an appointment or an award of compensation does not relieve the judge of the obligation prescribed by this subsection.
For the many millions of unrepresented litigants appearing in American courts each year, mastering the rules of the adversarial system is next to impossible.5 Such litigants often do not understand the rules of evidence, and so cannot understand what facts are relevant or how to present them to a judge. An attorney opposing an unrepresented litigant is more likely to withhold evidence favorable to the litigant who is unlikely to know that such evidence must be turned over or to ask for it.
The Center helps judges and courts advance access to civil justice, especially for poor and low-income individuals, by offering resources on 15 strategies and technical assistance. It works closely with the Conference of Chief Justices, the Conference of State Court Administrators and other national court organizations to implement access-to-justice solutions.
Although it's a little cheesy, having an alter ego of sorts is a very helpful way to boost self-confidence. If we pretend like we're someone else--strong, willful, self-confident--we never have to subject ourselves to the fear of our personal worth not being enough for others. We should not necessarily lie about who we are, or invent false facts, but instead find another mode of existence in which we may tap into to be comfortable in our own skin.
Every Supreme Court Justice is in charge of a judicial circuit in the country. The justices and the Judicial Conference of the United States should make each federal judge understand that they are expected to treat pro se litigants with respect and without disdain. They should make clear that judicial councils will take complaints seriously if judges behave in a prejudicial manner toward litigants who represent themselves.
Your Day in Court. This is a video clip from King County, Washington featuring Judge Mary Yu and Stephen Gonzalez. Judge Yu explains the basic layout of the courthouse and Judge Gonzalez talks about courtroom procedure. The information in this video is designed for pro se users of the King County court system but it is general enough that court users in any state can benefit from viewing it.
Canon 3A(6). The admonition against public comment about the merits of a pending or impending matter continues until the appellate process is complete. If the public comment involves a case from the judge’s own court, the judge should take particular care so that the comment does not denigrate public confidence in the judiciary’s integrity and impartiality, which would violate Canon 2A. A judge may comment publicly on proceedings in which the judge is a litigant in a personal capacity, but not on mandamus proceedings when the judge is a litigant in an official capacity (but the judge may respond in accordance with Fed. R. App. P. 21(b)).
Resource Guide on Serving Self-Represented Litigants Remotely (SRLN 2016). (July 2016). Self-Represented Litigants Network The Resource Guide provides options for courts and other entities interested in providing services to self-represented litigants using means that are not face-to-face, instead of, or in addition to, in-person alternatives such as walk-in services, workshops, and clinics.
Judges of all political stripes and at every level of government support providing lawyers for people who cannot afford them. As the late Justice Antonin G. Scalia put it, “in today’s law-ridden society, denial of access to professional legal assistance is denial of equal justice.”15 Judges support legal aid because they want to make good on providing equal justice, or coming much closer to doing so, and because they want to improve the efficient administration of justice, as well as out of self-interest.
A judge who is retired under 28 U.S.C. § 371(b) or § 372(a) (applicable to Article III judges), or who is subject to recall under § 178(d) (applicable to judges on the Court of Federal Claims), or who is recalled to judicial service, should comply with all the provisions of this Code except Canon 4F, but the judge should refrain from judicial service during the period of extrajudicial appointment not sanctioned by Canon 4F. All other retired judges who are eligible for recall to judicial service (except those in U.S. territories and possessions) should comply with the provisions of this Code governing part-time judges. However, bankruptcy judges and magistrate judges who are eligible for recall but who have notified the Administrative Office of the United States Courts that they will not consent to recall are not obligated to comply with the provisions of this Code governing part-time judges. Such notification may be made at any time after retirement, and is irrevocable. A senior judge in the territories and possessions must comply with this Code as prescribed by 28 U.S.C. § 373(c)(5) and (d).
Don’t you think consistency requires that you should either say ‘I have confidence in all men,’ and take down your notification; or else say, ‘I suspect all men,’ and keep it up."...To say that strangers are not to be trusted, does not that imply something like saying that mankind is not to be trusted; for the mass of mankind, are they not necessarily strangers to each individual man?
^ Kay v. Ehrler, 499 U.S. 432, 435 (1991), citing Gonzalez v. Kangas, 814 F. 2d 1411 (9th Cir. 1987); Smith v. DeBartoli, 769 F. 2d 451, 453 (7th Cir. 1985), cert. denied, 475 U.S. 1067 (1986); Turman v. Tuttle, 711 F. 2d 148 (10th Cir. 1983) (per curiam); Owens-El v. Robinson, 694 F. 2d 941 (3d Cir. 1982); Wright v. Crowell, 674 F. 2d 521 (6th Cir. 1982) (per curiam); Cofield v. Atlanta, 648 F. 2d 986, 987-988 (5th Cir. 1981); Lovell v. Snow, 637 F. 2d 170 (1st Cir. 1981); Davis v. Parratt, 608 F. 2d 717 (8th Cir. 1979) (per curiam).
27National Center for State Courts, Call to Action: Achieving Civil Justice for All (Williamsburg, Va.: National Center for State Courts, 2016), 37 [LINK]; Rob Faucheux, “By the Numbers: Americans Lack Confidence in the Legal System,” The Atlantic, July 6, 2012 [LINK]; and GBA Strategies, “2017 State of the State Courts–Survey Analysis,” November 15, 2017 [LINK].
Settle! Of course, given the unique obstacles involved with litigating against a pro se party—including the absence of the important buffer between the party and his or her emotions and, more times than not, unreasonable expectations—the key to trial success may be avoiding trial altogether! To that end, early alternative dispute resolution proceedings can be exceedingly beneficial. A neutral third party can often insert reasonableness otherwise lacking into the pro se party’s view of the strengths and weaknesses of the case.
There are some notable records of pro se litigants winning more than $2,000 as plaintiffs: Robert Kearns, inventor of the intermittent windshield wiper who won more than $10 million from Ford for patent infringement; Dr. Julio Perez (District of Southern New York 10-cv-08278) won approximately $5 million in a federal jury trial from Progenics Pharmaceuticals for wrongful termination as a result of whistleblowing; Reginald and Roxanna Bailey (District of Missouri 08-cv-1456), a married couple, who together won $140,000 from Allstate Insurance in a federal jury trial; George M. Cofield, a pro se janitor, won $30,000 from the City of Atlanta in 1980; and Jonathan Odom, a pro se prisoner, who while still a prisoner, won $19,999 from the State of New York in a jury trial. Timothy-Allen Albertson, who appeared in pro. per., was awarded $3,500 in 1981 in a judgment by the San Francisco Municipal Court entered against the Universal Life Church for defamation by one of its ministers.