"Judicial Techniques for Cases Involving Self-Represented Litigants"
By Rebecca A. Albrecht, John M. Greacen, Bonnie Rose Hough, and Richard Zorza - 030074
Abstract Number: 030074
April 2003
Originally published in the ABA's Judges' Journal, this article provides suggestions and guidance on how judges can make the processes in their courtrooms more accessible to self-represented litigants. This article begins by examining the American Bar Association's Model Code of Judicial Conduct (2000) and explores the implications of a judge's duties and obligations upon the treatment of self-represented litigants and suggests concrete ways that judges can ensure that litigants have a full opportunity to tell their story. The article goes onto point out that two states have developed protocols for judges' treatment of self-represented litigants. In these protocols, judges may be required to treat represented litigants and self represented litigants in a different manner.
Drawing upon both state and federal case law, the article illustrates that challenges to dismiss pro se actions due to technicalities and stringent standards have been repeatedly rejected. The authors then offer suggestions on how a judge can facilitate an atmosphere more conducive to effective self represented litigation without compromising the judges' role as an impartial party. This article can serve as an excellent discussion tool between legal services programs and the courts. To access the full document as a PDF file, click on the text below.
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