{"id":4543,"date":"2003-08-11T14:21:14","date_gmt":"2003-08-11T18:21:14","guid":{"rendered":"http:\/\/blogs.law.harvard.edu\/formerlyknownas\/2003\/08\/11\/are-lawyers-blocking-efforts-"},"modified":"2011-08-05T15:00:45","modified_gmt":"2011-08-05T19:00:45","slug":"are-lawyers-blocking-efforts-to-revitalize-small-claims-courts","status":"publish","type":"post","link":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/2003\/08\/11\/are-lawyers-blocking-efforts-to-revitalize-small-claims-courts\/","title":{"rendered":"Are Lawyers Blocking Efforts to Revitalize Small Claims Courts?"},"content":{"rendered":"

<\/a>We could take a giant step toward solving the access problem in America’s justice system by revitalizing our small claims courts<\/span> — turning them into consumer-friendly, affordable and effective “People’s Claims Courts<\/em>“.\u00a0 The consumer legal reform group HALT has detailed a number of steps to achieve that goal. See their Small Claims Reform Project<\/a> webpage, and the article <\/span>Small Claims Reform – A Means of Expanding Access<\/a>.\u00a0 In March 2003, the Consumer Federation of America adopted<\/a> HALT’s plan.<\/span><\/p>\n

The vast distance we need to travel, however, can be readily gauged from the state-by-state Small Claims Report Cards<\/a> given by HALT last year (2002).\u00a0\u00a0How did your state do? <\/span><\/p>\n

The first target for reform has been the trivially low dollar limits<\/em> found in most states.\u00a0 There has been some progress recently in a handful of states, including laws passed during the past legislative session:<\/span><\/p>\n

In Maryland<\/strong> the limit was increased from $2500 to $5000, as of Oct. 1st, 2003. (see HALT’s description of the battle<\/a>, as well as a recent article<\/a> from Hometownannapolis.com (07\/27\/03)).<\/span><\/p>\n

In Indiana<\/strong> the limit was raised from $3000 to $6000, taking effect in 2005.\u00a0 HALT (which would like to see the jurisdictional limits eventually rise to $20,000.)\u00a0reports<\/a> that the original bill requested an increase to $10,000.<\/span><\/p>\n

In New York<\/strong>, a bill raising the small claims dollar limit from $3000 to $5000 passed both houses of the Legislature on June 18, 2003.\u00a0\u00a0 However, as reported<\/a> in the Albany Times Union <\/em>on Saturday, Governor George Pataki has not yet signed<\/span> the legislation, and his office is mum about whether he\u00a0will do so.\u00a0 It is expected that Pataki will sign eventually, and the law would take effect Jan. 1, 2004. (Albany Times Union, Upping the ante in small claims<\/em>, by Andrew Tilghman, Aug. 9, 2003). A summary of the legislation, with links to sponsors’ sites and the text, is available here<\/a>.<\/span><\/p>\n