shlep: the Self-Help Law ExPress

I know this may be a bit beyond the scope of this blog but I ran across a new law review article that may be of interest to scholars who are interested in the right of self-representation.  I’m posting the abstract for the article.

Georgetown Journal of International Law
Spring, 2009

SELF-REPRESENTATION IN THE INTERNATIONAL ARENA: REMOVING A FALSE RIGHT OF SPECTACLE
40 Georgetown Journal of International Law 919 (2009)
Eugene Cerruti

Recent historical scholarship has demonstrated that the practice of self-representation at common law was developed and promoted not to secure a valued right to the accused but rather to compromise the defendant’s ability to present an effective defense–by denying him an effective right to be represented by counsel. The Supreme Court in Faretta v. California stood this history on its head in order to read into the Sixth Amendment an implied right to self-representation equal to the now preeminent right to counsel. The Faretta doctrine was carelessly adopted yet has been resolutely defended by the Supreme Court, to the almost universal chagrin of those most directly affected by its commands. The recent Supreme Court case of Indiana v. Edwards is only a modest retreat from the pointless imposition on the lower courts of a structurally and normatively incompatible right within the context of the contemporary counsel-driven system of criminal justice.

A putative right to self-representation silently entered international law via a back door at Nuremberg as a result of that tribunal’s near-wholesale adoption of the apparent rights and protocols of the common law adversarial system. It was subsequently adopted in the International Covenant on Civil and Political Rights as one of the standard “rights of the accused” but never actually put into effect in international law until the creation of the various war crimes tribunals of the last two decades. The right to self-representation has almost immediately replicated its experience in American law by creating a shameful series of disreputable prosecutions. It has become another example of a feature of the adversarial system, like that of the lay jury, which does not travel well–or at all–to the international arena. The structural and normative groundings of the international system make the right even more inapposite there than it now is in the common law system. This article calls on the International Criminal Court, the new standard-bearer of international criminal justice, to take advantage of the upcoming seven-year review of its rules and procedures to strike from its Articles a practice that has been reduced to little more than a perverse right of spectacle.

Article about assistance for pro se bankruptcy filers in Maryland:

DIY bankruptcy — with a little help from the state

By Eileen Ambrose

July 26, 2009

Many financial matters you can easily do on your own without professional help.

Filing for bankruptcy isn’t one of them.

But if you choose to do so, you’re no longer totally left on your own in Maryland to navigate the intricacies of bankruptcy. Thanks to a new Debtors Assistance Project, do-it-yourselfers can get a half-hour of free legal advice from a lawyer, who can answer questions or check paperwork.

“It’s not going to solve everybody’s problem on that day. That’s not what it’s designed to do,” says Jeff Sirody, a Pikesville lawyer who volunteers with the project. “It’s designed to give people an opportunity to speak with an attorney. Is there any easy solution? If not, what’s the next step? Where should they go to get help?”

__(‘Read the rest of this entry »’)

Reprinted with the permission of the Missouri Lawyer’s Weekly:

Missouri Lawyers Weekly Copyright 2009 Dolan Media Newswires
July 17, 2009

Who’s using Missouri’s pro se divorce forms ? Most litigants have children, never called a lawyer.

Allison Retka
The litigants without lawyers stroll into the clerk’s office in tiny Dade County, plunk down thick packets of divorce forms and ask, “What in the world am I supposed to do with this?”

It’s a question Dade County Circuit Clerk Brenda Adams hears more each week, as pro se litigants trickle into her office in Greenfield, near Springfield. The litigants throw up their hands and ask for help, but there’s not much Adams and her clerks can do.

“We don’t have a law degree,” she said. “We’re sticking our necks out and helping them file these, and I don’t think we’re probably supposed to be doing that.”

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LAW LIBRARY/SELF HELP CENTER CONSULTANT

The Second Judicial District Court of Nevada, in consultation with Washoe County government, is soliciting bids for a consultant to study and provide recommendations concerning the Law Library and the pro per Self Help Center.

Preface

As of July 1, 2009, the Second Judicial District Court (“Court”) assumed the responsibility for the finding and operation of the existing Washoe County Law Library (“Library”). The Court wants to consolidate its operation of a pro per Self Help Center (“SHC”) with the Library into a unified approach to legal information and access that will be designed and oriented toward future demands for the next ten to fifteen years.

Outline of Work

In order to provide the product and advice desired, the following tasks are anticipated with anticipated site visits occurring no later than August 15, 2009.

1) Inventory of current assets of Library and SHC, including personnel,

collected fees and collections.

2) Inventory of current services and public service events delivered

by Library and SHC.

3) Needs assessment from significant parties both “inside” and “outside” the current system.

4) Trends research as to futures of both libraries and pro per service delivery models.

5) Delivery and presentation of final report.

Contact:

In responding to this document, please include curriculum vitae and estimate on costs and/or proposed budget, and fees to accomplish this work.

All questions and correspondence shall be directed to the Court Administrator by July 31, 2009.

Howard W. Conyers

Court Administrator

P.O. Box 30083

Reno, NV 89520-3083

(775) 328-3119

(775) 328-3206 – fax

Article from the Vallejo Times-Herald describes the popular “Lawyer in the Library” program to help patrons handle their own legal problems:

The legal system is a baffling process for most, even before they walk through the front courthouse doors.For those with limited finances, resources can be thin locally — which is why attorneys here and nationally have tried to fill the gap between government-funded, legal-aid programs and those in need.

“Legal aid in this country has been emaciated,” Solano County Superior Court Judge Paul Beeman said. “If they don’t have legal aid and they don’t have money, they’re going to lose. It’s a terrible thing when you think about all the wealth and resources in this nation.”

In Vallejo, the Lawyer in the Library program, started by former Vallejo librarian Michael Senturia with help from Beeman, has provided free one-time legal advice and referrals for the past 13 years.

“Everybody thought it was a good idea from the beginning, but once it got started, it knocked your socks off because peoplemassively appreciated the help,” Beeman said. “For most lawyers, it was real simple advice that gave direction … and they were genuinely appreciative.”

__(‘Read the rest of this entry »’)

The article in the Connecticut Law Tribune is password protected, but here’s the relevant part:

‘In light of Edwards, it is clear… that we are free to adopt for mentally ill or mentally incapacitated defendants who wish to represent themselves at trial a competency standard that differs from the standard for determining whether such a defendant is competent to stand trial,’ wrote Justice Richard N. Palmer, for the unanimous Connecticut Supreme Court.

‘We do not believe that a mentally ill or mentally incapacitated defendant who is competent to stand trial necessarily is also competent to represent himself at that trial,’ concluded Palmer.
Senior Assistant State’s Attorney Denise B. Smoker said it will be interesting to see how the trial courts apply the new standard adopted by the state Supreme Court. She explained that the new standard essentially allows judges to consider whether the defendant is competent enough to perform the skills needed to defend themselves, including composing questions for voir dire and witnesses.

The case will be reported in the Atlantic Reporter but doesn’t have a cite yet.  The Westlaw cite is 2009 WL 1941780.

My plan was to compile a collection of self-help bankruptcy sites from each state.  I realized that I would never have time to do all of the states at one time, which would mean I’d never get the thing done.  So, I’m going to do five states at a time and post them here.  When I’m finished, I’ll polish it up and create a page for it.

Keep in mind that bankruptcy is a federal matter so you don’t have to limit yourself to sites specific to your own state to get information.  You might find very helpful explanatory information on a site intended for another state.  However, if there is a site that provides forms for your state, you should probably use those unless you’re prepared to adjust them for your state.

If I miss any good sites, please let me know.  Meanwhile, here are the first five.

Alabama

Bankruptcy Court, Northern District of Alabama

Alaska

Alaskalawhelp.org

Bankruptcy Court, District of Alaska

Arizona

Bankruptcy Court, District of Arizona

Arkansas

Legalconsumer.com

California

Bankruptcy Court, Northern District of California

And another news item from the Wisconsin Law Journal:

As recession-related bankruptcy filings rise, courts are dealing not only with larger caseloads but also more time-consuming case filings. An increase in pro se litigants leads to a bigger drain on court resources, as well as bigger challenges for trustees.

Since the economic crisis began, Andrew N. Herbach has seen a steady increase in traffic at the Pro Se Help Desk for the U.S. Bankruptcy Court for the Eastern District of Wisconsin in Milwaukee.

“We’re overwhelmed right now. It used to be that we’d get seven people that came in, and now it’s double-plus every week,” said Herbach, who practices with Howard Solochek & Weber SC in Milwaukee. Herbach was involved in developing the help desk in response to a request from a bankruptcy judge.

Filings are up around the state, although not quite as much as in the Milwaukee area, where records show a 30-percent increase in Eastern District Court bankruptcy filings from last year.

Follow the link for the whole story.

From the Wisconsin Law Journal:

Pro se bankruptcy filers may be a drain on court resources, but judges won’t be trying to mitigate the problem by appointing attorneys to represent them.

A June 24 opinion by U.S. Bankruptcy Chief Judge Margaret Dee McGarity denied a debtor’s request for appointment of counsel pursuant to 28 U.S.C. 1915 (e)(1).

While some of the court’s reasoning is limited to the particular debtor, most of it would apply to all pro se debtors.

Follow the link for the whole story.