{"id":616,"date":"2007-03-21T11:44:28","date_gmt":"2007-03-21T15:44:28","guid":{"rendered":"http:\/\/blogs.law.harvard.edu\/shlep\/2007\/03\/21\/california-judges-get-benchbook-for-han"},"modified":"2007-03-21T12:09:11","modified_gmt":"2007-03-21T16:09:11","slug":"california-judges-get-benchbook-for-handling-pro-se-litigants","status":"publish","type":"post","link":"https:\/\/archive.blogs.harvard.edu\/shlep\/2007\/03\/21\/california-judges-get-benchbook-for-handling-pro-se-litigants\/","title":{"rendered":"California judges get Benchbook for handling pro se litigants"},"content":{"rendered":"

\"tight\u00a0 \u00a0We’ve frequently stressed the important (and often difficult) role that judges have in the process of assuring fair access to justice for the self-represented litigant (e.g<\/em>., here<\/a> and there<\/a>).\u00a0 Attempting to help the pro se<\/em> party [called pro pers<\/em> in some western states] understand law and\u00a0procedure and effectively present their case, while maintaining neutrality toward all parties to a suit, takes agility and skill, and an appropriate temperament.\u00a0(see our post<\/a> earlier this week on Ghostwriting in NJ)\u00a0 Judges in the California court system were given a great tool for understanding and fulfilling this role with the publication of a 245-page guide called “Handling Cases Involving Self-Represented Litigants: A Benchguide for Judicial Officers<\/em>.”\u00a0(CA Administrative Office of the Courts, Center for Families, Children and the Courts<\/a>, January 2007) (via SelfHelpSupport.org<\/a>, where members can access<\/a> the document)<\/p>\n

This benchguide covers the following topics, in addition to providing sample scripts to use in many situations:<\/p>\n

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  1. Self-represented litigants: Who are they and what do they face when they come to court? [note<\/em>: 450,000 people use self-help resources annually in California]<\/li>\n
  2. Expanding access to the court without compromising neutrality<\/li>\n
  3. California law applicable to a judge\u2019s ethical duties in dealing with SRLs<\/li>\n
  4. Solutions for evidentiary Challenges<\/li>\n
  5. Caseflow management<\/li>\n
  6. Courtroom and hearing management\u00a0 \"JudgeFriendly\"\u00a0<\/em><\/li>\n
  7. Settling cases<\/li>\n
  8. Special due process considerations<\/li>\n
  9. Communication tools<\/li>\n
  10. Avoiding unintended bias<\/li>\n
  11. Addressing litigant mental health issues in the courtroom<\/li>\n
  12. Judicial leadership in access to justice<\/li>\n<\/ol>\n

    For a document with similar goals, check out\u00a0How Can Judges Communicate Effectively With Self-Represented Litigants?<\/a> (compiled by the American Judicature Society, 64 pp. pdf).\u00a0 Further helpful resources that we have discussed here at shlep<\/em> include:<\/p>\n