{"id":219,"date":"2006-10-21T13:47:32","date_gmt":"2006-10-21T17:47:32","guid":{"rendered":"http:\/\/blogs.law.harvard.edu\/shlep\/2006\/10\/21\/learning-from-canadian-judges-and-the-s"},"modified":"2006-10-22T12:10:48","modified_gmt":"2006-10-22T16:10:48","slug":"learning-from-canadian-judges-and-the-self-represented","status":"publish","type":"post","link":"https:\/\/archive.blogs.harvard.edu\/shlep\/2006\/10\/21\/learning-from-canadian-judges-and-the-self-represented\/","title":{"rendered":"learning from Canadian judges on helping the self-represented"},"content":{"rendered":"
If shlep<\/em> gave out homework assignments, we would certainly include “<\/strong><\/font>Judicial Assistance to Self-Represented Parties: Lessons from the Canadian Experience<\/strong><\/font><\/a>“<\/strong> (2006, 44-pp, pdf.).\u00a0\u00a0The paper is written\u00a0by Prof. <\/font>Jona Goldschmidt<\/font><\/a>, of Loyola University Chicago’s criminal justice department, who was lead author of\u00a0<\/font>Meeting the Challenge of Pro Se Litigation<\/font><\/em><\/a>: A Report and Guidebook for Judges and Court Managers (<\/em>1998).\u00a0\u00a0\u00a0\u00a0It proves our point<\/a> earlier this month that the Canadian\u00a0bench and bar\u00a0frequently have some very good lessons to teach their American counterparts. (thanks to Canadian lawyer-mentor<\/font><\/a>–<\/font>weblogger<\/font><\/a> <\/font>Cheryl Stevens<\/font><\/a> for the link) <\/font><\/font><\/font><\/div>\n
\u00a0<\/p>\n
\"JudgeFriendly\"\u00a0Canadian Experience<\/em> points out that, unlike under U.S. law and judicial ethics, Canadian judges have a duty<\/em>, not merely a right, to provide reasonable assistance to pro se<\/em> litigants to ensure a fair trial.\u00a0 I’ll save the particulars for later postings, but urge you to read Goldschmidt’s description of the evolution of the judicial role toward the self-represented, along with details about the very few attempts in the USA to create protocols for judges\u00a0faced with pro se<\/em> litigants.\u00a0 \u00a0The 44-page report includes a lengthy appendix, with charts showing Required, Permitted, and Impermissable assistance by judges in Canadian courts, in both criminal and civil matters.\u00a0 (You can find much more on pro se<\/em> issues and the judiciary at the American Judicature Society resources page<\/a>, and also in materials on the role of judges<\/a> and best practices<\/a> in the courtroom, gathered for a recent access-to-justice conference,which was hosted by the NYS Judicial Institute.)<\/font><\/div>\n

<\/font><\/div>\n","protected":false},"excerpt":{"rendered":"

If shlep gave out homework assignments, we would certainly include “Judicial Assistance to Self-Represented Parties: Lessons from the Canadian Experience“ (2006, 44-pp, pdf.).\u00a0\u00a0The paper is written\u00a0by Prof. Jona Goldschmidt, of Loyola University Chicago’s criminal justice department, who was lead author of\u00a0Meeting the Challenge of Pro Se Litigation: A Report and Guidebook for Judges and Court […]<\/p>\n","protected":false},"author":437,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[897,898],"tags":[],"class_list":["post-219","post","type-post","status-publish","format-standard","hentry","category-resources-practitioner","category-studies-reports"],"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/archive.blogs.harvard.edu\/shlep\/wp-json\/wp\/v2\/posts\/219","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/archive.blogs.harvard.edu\/shlep\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/archive.blogs.harvard.edu\/shlep\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/shlep\/wp-json\/wp\/v2\/users\/437"}],"replies":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/shlep\/wp-json\/wp\/v2\/comments?post=219"}],"version-history":[{"count":0,"href":"https:\/\/archive.blogs.harvard.edu\/shlep\/wp-json\/wp\/v2\/posts\/219\/revisions"}],"wp:attachment":[{"href":"https:\/\/archive.blogs.harvard.edu\/shlep\/wp-json\/wp\/v2\/media?parent=219"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/shlep\/wp-json\/wp\/v2\/categories?post=219"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/shlep\/wp-json\/wp\/v2\/tags?post=219"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}