Self-Help in Rural/Small
Court Settings
Charting the Path to Service
Challenges (or Opportunities?)
► Geography
and Demographics
► Planning
Level Considerations - State-wide or
► Partners
for Planning and Resources
Local Approach
► Service
Delivery Models
Challenges (or Opportunities?)
► Confidentiality
Concerns
► Staffing
► Isolation
► Funding
- Building Political Support
Geography and Demographics
Wide-open spaces – How can services
be offered?
► Approaches:
 Statewide effort – Central support from
Administrative Office of the Courts (AOC)
 Tapping urban resources
 Developing resources locally
 Regional planning
Geography and Demographics–
Wide-open spaces – how can services be offered?
Statewide effort and central support from AOC
►
Internet-posted resources, often with standard forms
►
Document assembly programs
►
Telephone helpline
►
Video connections via Internet
►
Workshops, lectures and classes
Central full-service office training deputy clerks to provide
limited services in other areas
►
Geography and Demographics –
Wide-open spaces – how can services be offered?
Tapping Existing Urban Resources
►
Urban areas develop materials, forms, and other resources
which are then available statewide via internet (e.g.
Nevada, Arizona).
►
Staff trained by larger volume courts can use these
resources to provide more limited services in rural areas.
►
Volunteer attorneys provide self-help clinics and reduced
fee services in rural areas.
Geography and Demographics –
Wide-open spaces – how can services be offered?
Developing Resources Locally
►
Local county courts develop resources, posted to and
shared through Internet.
►
Local pro bono programs and legal services create
standard forms and offer workshops.
►
Local county courts develop local forms for use in their
courts.
In person services offered to extend County Law Library
services.
►
Geography and Demographics –
Wide-open spaces – how can services be offered?
Regional Planning for Services
►
Inter-county collaborations for one attorney to provide services at a
number of locations via videoconferencing – with clerk staff at each
site – for workshops, walk-ins, phone assistance.
►
Partnerships with legal services allowing one attorney to rotate
services in a number of counties at local courts.
►
Use neighboring resources (including those particularly able to serve
certain populations, such as Limited-English speakers) to provide
workshops, mobile self-help outreach and presentations on different
areas of law.
Planning Level Considerations
►
Statewide Approach
►
Local Approach
(top down)
(bottom up)
 State Mandate
 Individualized Design
 Resources
► Training and
Development
► Evaluation
 Start Small, Work with What
You Have
 Structural Limitations
 May be easier to mobilize
local resources
 May be frustrating and
confusing for court users
when dealing with different
courts
Planning and program partners Design Considerations
►
►
Identify key stakeholders
Decide approach to developing program
 Involve partners from the start
 Expand partnerships at a later point
►
Identify potential partners for program operations
►
Identify resources that partners can bring
►
Decide role for partners to play
►
Set up structure for partner involvement and decision
making, e.g. advisory board, task force.
Planning and program partners
►
►
►
►
►
►
►
Judges and other bench
officers
Court clerks
Court administration
Legal aid providers
Pro bono
programs/attorneys
Bar association, esp.
affected sections
Educational Institutions




Law
Paralegal
Undergrad
High School
Legislators; local politicians
► Law libraries
► AARP
► Credit Unions
► Law Enforcement
► Attorneys General
► Mediation programs
► Community-based
organizations
►
 Social & human service
providers
 Community centers
 Churches
SERVICE DELIVERY MODELS
► One-on-one:
in-person, via telephone, via
internet, live web-chat
► Group:
in-person, via video, via videoconferencing, live web
Confidentiality Concerns
► Where
“everybody knows everybody else’s
business,” patrons may be reluctant to seek
help where they are known, depending
upon case type.
► Resources
can be made available through
various access points/channels: telephone,
internet, public library, churches, social
service agencies.
Staffing
►
►
►
►
Volunteers (who supervises?)
Interns (who supervises?)
Rotate other court staff
Paid Staff Position – Attorney or clerk?
 Lancaster County experience - clerical level
staff person
►
Contract out service – e.g. Maryland
Staff Isolation
► Self-help
staff, like judges and patrons, all can feel
isolated, physically as well as emotionally.
► Single
staff need a fairly immediate resource for
getting their questions answered as they provide
services.
► Opportunities
for interaction with others providing
services is important.
Funding – Building Political Support
► Evaluations
– need for services; benefits of
services to patrons, court system, agencies
► The
broader the population for whom
services are available, the more likely is
broad support for developing/continuing a
program
► Partnering
to leverage support
Resources
►
Lessons From the Country
► Beth
M. Henschen, 2002, American Judicature Society publication
made possible through a State Justice Institute grant
►
Opening Technology Supported Help Centers for the Self-Represented
in Courts and Communities: How to Get Started; Operational Issues;
The Use of Technology, Partnerships and Volunteers by W. Moore B. Hough,
R. Zorza, S. Deamer, A. McDermott and G. Amateau
► Self Represented Litigant Network, May 2006
http://www.selfhelpsupport.org/library.cfm?fa=detailItem&fromFa=detail&id=1143
50&folderID=103057&appView=folder&r=appview~~folder,id~~103057,rootfol
der~~23178,fa~~detail or
► http://www.ncsconline.org/WC/Publications/KIS_ProSeSHOManual.pdf
►
Best Practices in Court-Based Programs for the Self-Represented:
Concepts, Attributes and Issues for Exploration
► Self
Represented Litigant Network, December 2006,
http://www.ncsconline.org/WC/Publications/KIS_ProSeBestPracticesSRLN.pdf
►
Self-Help Support – http://www.selfhelpsupport.org/
►
Single site for information, resources, referrals, mentoring, best practices
Resources
►
American Bar Association
Access to Justice Partnerships State by State
http://www.abanet.org/legalservices/sclaid/atjresourcecenter/resourcematerials.html
►
►
►
Information
Justice Management Institute
►
►
Grants
National Center for State Courts – http://www.ncsconline.org/
►
►
Information and referrals
State Justice Institute – http://www.statejustice.org/
►
►
http://www.abanet.org/legalservices/probono/aba_rural_book.pdf
American Judicature Society – http://www.ajs.org/prose/home.asp
►
►
Rural Pro Bono Delivery Report 2003
Trial Court Research and Improvement Consortium
http://www.jmijustice.org/Home/PublicWeb/TCRIC/
Conference of State Court Administrators -
http://cosca.ncsc.dni.us/WhitePapers/selfreplitigation.pdf
Program Contacts:
► Mary
Boudreau
Public Access to the Courts
Admin. Office of the Courts
P.O. Box 140241
Salt Lake City, UT 84114-0241
(801) 238-7863
maryeb@email.utcourts.gov
► Eleanor
Gerlott
Lancaster County Law Library
50 N. Duke St.
Lancaster, PA 17602
(717)299-8090
GERLOTT@co.lancaster.pa.us
► Frances
H. Thompson
Court Assistance Services
PO Box 8068
Moscow, ID 83843-0568
(208) 883-7221
courtassistance@latah.id.us