(4) Notwithstanding the preceding provisions of this Canon, if a judge would be disqualified because of a financial interest in a party (other than an interest that could be substantially affected by the outcome), disqualification is not required if the judge (or the judge’s spouse or minor child) divests the interest that provides the grounds for disqualification.
A fellow advocate member of DAC, our advocacy group, filed her Pro Se in Federal District Court, after waiting and waiting for DOJ to respond. She lives on a low fixed income, and was able to waive the filing fee. Within a week, she received her notification of receipt that her case is now pending in federal court. At the same time she received notification that the inaccessible business was being served the complaint by a federal marshal. Shortly after that, she received a letter from the attorney for the inaccessible business stating that they wanted to settle out of court. Of course!! We settled for full compliance with the ADA.
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.
(B) Outside Influence. A judge should not allow family, social, political, financial, or other relationships to influence judicial conduct or judgment. A judge should neither lend the prestige of the judicial office to advance the private interests of the judge or others nor convey or permit others to convey the impression that they are in a special position to influence the judge. A judge should not testify voluntarily as a character witness.
[p]ro se litigation is difficult for us to handle at least in part because it doesn’t fit into the neat box of our traditional system of litigation, the adversarial method of resolving disputes. That system assumes that the parties know the law, are adept at procedure and the rules of evidence, and can marshal significant facts, present their side of the case to the factfinder thoroughly and lance the arguments of the opponent. But pro se litigants are capable of little if any of that.
It was predicted that self-affirmation increases pro-social behavior. This hypothesis was tested in two ways. First, it was predicted that affirmed participants would indicate a desire to give more of their income to charities on the spending survey. A significant positive relationship between family income and charitable giving was observed in this sample (r = 0.31, p = 0.02), so family income was used as a covariate in this analysis. A one-way (condition: self-affirmation, control) ANCOVA yielded a significant main effect on percentage of income allocated to charitable donations [F(1,50) = 5.90, p = 0.02, η2 = 0.11]. Specifically, affirmation participants indicated a greater desire for charitable giving (M = 6.58%, SD = 3.66) compared to control participants (M = 4.24%, SD = 3.41). Without controlling for family income, the effect of self-affirmation on charitable giving did not reach statistical significance [F(1,50) = 2.21, p = 0.14, η2 = 0.04]. Second, it was predicted that self-affirmed participants would exhibit greater helping behavior to the shelf-collapse incident. Indeed, a one-way ANOVA confirmed that self-affirmation participants helped more (M = 3.92, SD = 3.02) than control participants in response to the shelf-collapse incident (M = 2.33, SD = 2.2) [F(1,46) = 4.32, p = 0.04, η2 = 0.09].
Clarence Earl Gideon, a man who could not afford to hire an attorney to represent him, appeared in a Florida court in 1961, after being accused of felony breaking and entering, requesting that the court appoint counsel to represent him. The state court denied his request, stating that Florida state law allowed the appointment of counsel only if the defendant has been accused of a capital offense. Gideon, who was forced to act pro se was convicted of the crime and sentenced to 5 years in prison.
A judge should avoid lending the prestige of judicial office to advance the private interests of the judge or others. For example, a judge should not use the judge’s judicial position or title to gain advantage in litigation involving a friend or a member of the judge’s family. In contracts for publication of a judge’s writings, a judge should retain control over the advertising to avoid exploitation of the judge’s office.
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.
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.
(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.
Study 2 also provides some specificity around the relationship between self-affirmation and self-compassionate feelings; we did not find evidence that self-affirmation affected more general performance perceptions of the self or peer storytelling videos, though our study may be underpowered to detect subtle differences in this dimension of self-compassion. Though we do not definitively rule out this possibility, our results suggest that self-affirmation effects may be specific to affective measures of self-compassion, which is consistent with the affective change in self-compassion we observed in Study 1.
Canon 4C. A judge may attend fund-raising events of law-related and other organizations although the judge may not be a speaker, a guest of honor, or featured on the program of such an event. Use of a judge’s name, position in the organization, and judicial designation on an organization’s letterhead, including when used for fund raising or soliciting members, does not violate Canon 4C if comparable information and designations are listed for others.
You will deal with all sorts of absurdities, injustices and indignities. You will be told nonsense and lies with people looking you straight in the eye. You must learn to stare absurdities, injustices and indignities square in the face without losing your cool while still defending yourself. Being outraged or emotional does NOT carry the weight it may carry outside the courtroom.
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).
If you are a judge interested in teaching a lesson to elementary, middle or high school students, please explore Judges in the Classroom. Proven interactive lesson plans are available for download from the website that focus on the law and legal process. You may also sign up as an interested judge to be contacted if teachers from your area request a judge.
Later, when time comes to my response, like a bipolar, I keep jumping from Magician to Conqueror and then crave badly to be act like an aggressor. I end up changing my response over and over and over again, until I get the Aggressor out of my system. Then I do my best to mix Magician—common sense—approach to reach a Conqueror-level response document.
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.
Experimenters remained blind to participants’ affirmation condition during the experimental session, following procedures as in Study 1. Following procedures from recent self-compassion research (Leary et al., 2007, Study 4), participants arrived at the lab one-at-a-time for a study they believed explored the influence of adults’ moods on story telling. After providing written informed consent, participants completed individual difference baseline measures, including trait self-compassion (Neff, 2003b; Raes et al., 2011). Specifically, participants completed the 12-item Self-Compassion Scale – Short Form, which measures the frequency of self-compassionate feelings on a day to day basis (anchored 1 = almost never to 5 = almost always). Items were averaged to form a composite measure of trait self-compassion, with negative items reverse-scored (α = 0.86; Neff, 2003b; Raes et al., 2011). Trait self-compassion was embedded among two other exploratory baseline questionnaires: the NEO Five-Factor Inventory (NEO-FFI) Extraversion subscale (Costa and McCrae, 1992), and the Dispositional Positive Emotions Scale (DPES) Compassion subscale (Shiota et al., 2006). Then, following existing procedures for testing compassionate feelings (Leary et al., 2007, Study 4), participants were videotaped while telling an extemporaneous children’s story beginning with, “Once upon a time, there was a little bear…” for 90 s. Participants, who believed we were collecting pilot data for an unrelated study, next completed a 3-min self-affirmation or control writing exercise as described in Study 1. Additionally, participants completed a 4-item manipulation check (α = 0.97) assessing whether the writing exercise was important to their self-identity. Specifically, participants rated the personal importance of the value they wrote about on a 6-point Likert scale (strongly disagree – strongly agree; i.e., “This value is an important part of who I am;” “In general, I try to live up to this value”).
1. If you don't know where your federal court is, look under "U.S. Government Offices ‹ U.S. Courts" in the blue or green pages of your phone book. When you find out which district court is yours, add it at the top of your pro se where it reads, "in the United States District Court for the [ ] district of [your state]." Don't worry yet about the Civil Action No. The clerk will give that to you at your district court office.
Fifty-eight Carnegie Mellon students (N = 58) were recruited (67% female; age: M = 19.71 years, SD = 2.2; 52% Caucasian, 29% Asian, 8% African American, 6% Mixed, 2% Latino, 4% Other) in exchange for course credit or $8. The statistical software package G*Power indicated that a total sample size of 52 participants would provide 80% power to detect large main effects of self-affirmation (consistent with previous research indicating large effects of self-affirmation: McQueen and Klein, 2006; Crocker et al., 2008). This research was approved by the Carnegie Mellon University Institutional Review Board, and all volunteers provided written informed consent. Six participants were dropped prior to analysis: three did not follow study instructions, and three due to technical problems.
All of these challenges are made worse by the disparity in education between lawyers and many low-income individuals, who generally read at lower reading levels and are more comfortable with oral communication, in particular by relating stories. The American justice system depends on written rules and on written orders and decisions, written at a reading level much higher than that of the average low-income litigant. Without a lawyer (or other kind of legal problem-solver) to explain the rules, navigate the legal process, and translate orders and decisions into accessible terms, a low-income litigant is likely to be lost in the system and to lose his case.11
James Traficant, the colorful congressman from Ohio, defended himself twice. The first time was on bribery charges during his time as a local sheriff in the early 80s. He succeeded with a daring argument that his bribe-taking was really part of a corruption investigation that he himself was running. The second time didn't work out so well. He was convicted of some impropriety with campaign funds, got kicked out of the House, and went to prison for several years.
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.
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The multiple regression analysis supports both of the primary Study 2 self-compassion predictions. First, we observed a significant self-affirmation × video condition interaction [β = 1.63, t(69) = 2.20, p = 0.03], such that participants who completed a self-affirmation activity had more feelings of compassion toward the self video compared to the control writing group participants, whereas self-affirmation did not influence other-directed feelings of compassion in rating a peer storytelling video. As a follow-up test of self-affirmation effects on self-compassion in general, we ran a t-test of the subsample of participants (N = 37) who viewed their own storytelling video. Mean feelings of self-compassion were higher after self-affirmation (M = 4.38, SE = 0.22) than control writing (M = 4.26, SE = 0.25), though this analysis was not statistically significant [t(35) = -0.36, p = 0.73]. This 2-way self-affirmation × video condition interaction result was qualified by the predicted 3-way self-affirmation × video condition × trait self-compassion interaction [β = -1.74, t(69) = -2.33, p = 0.02]. Specifically, self-affirmation increased feelings of self-compassion (but not other-directed feelings of compassion toward a peer video) in participants with lower pre-existing trait levels of self-compassion (Figure Figure33). This result is consistent with the prediction that self-affirmation can help boost deficient self-resources, in this case increasing feelings of self-compassion in participants with lower trait self-compassion.
Canon 3C(1)(d)(ii). The fact that a lawyer in a proceeding is affiliated with a law firm with which a relative of the judge is affiliated does not of itself disqualify the judge. However, if “the judge’s impartiality might reasonably be questioned” under Canon 3C(1), or the relative is known by the judge to have an interest in the law firm that could be “substantially affected by the outcome of the proceeding” under Canon 3C(1)(d)(iii), the judge’s disqualification is required.
Canon 4D(1), (2), and (3). Canon 3 requires disqualification of a judge in any proceeding in which the judge has a financial interest, however small. Canon 4D requires a judge to refrain from engaging in business and from financial activities that might interfere with the impartial performance of the judge’s judicial duties. Canon 4H requires a judge to report compensation received for activities outside the judicial office. A judge has the rights of an ordinary citizen with respect to financial affairs, except for limitations required to safeguard the proper performance of the judge’s duties. A judge’s participation in a closely held family business, while generally permissible, may be prohibited if it takes too much time or involves misuse of judicial prestige or if the business is likely to come before the court on which the judge serves. Owning and receiving income from investments do not as such affect the performance of a judge’s duties.
Pro se litigants may have a lower chance of success. The Louisiana Court of Appeals tracks the results of pro se appeals against represented appeals. In 2000, 7% of writs in civil appeals submitted to the court pro se were granted, compared to 46% of writs submitted by counsel. In criminal cases the ratio is closer - 34% of pro se writs were granted, compared with 45% of writs submitted by counsel. According to Erica J. Hashimoto, an assistant professor at the Georgia School of Law,: