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National Association of State Judicial Educators (NASJE)
Curriculum
Ethics

Keywords: Judicial Ethics, Self Represented Litigants, SRL, Cynthia Gray, SJI, American Judicature Society, Center for Judicial Ethics

Description:
The paper discusses some of the objections raised to granting latitude toward self-represented litigants, and describes the techniques recommended for cases involving self-represented litigants. Some of these practices – treating litigants courteously, liberally construing pleadings, liberally allowing amendments, and asking questions to clarify evidence – cannot even be considered accommodations for self-represented litigants; they are requirements in all cases and for all litigants although they take on greater urgency in cases involving self-represented litigants. Other techniques – such as giving clear, plain English explanations for decisions and explaining how the case will proceed – simply remove some of the mystery from a system that is supposed to serve its citizens, not baffle them. Even the more ambitious suggestions – relaxing some of the rules of evidence and instructing a self-represented litigant in the proper way to accomplish a procedural step – are logical extensions of the principle that fundamental justice should not be sacrificed to procedural rules, stopping far short of turning the judge into an advocate. To suggest techniques judges may effectively and ethically use to fairly handle litigation involving self-represented parties, this paper includes Proposed Best Practices for Cases Involving Self-Represented Litigants to be considered and adapted by jurisdictions as guidance for their judges.

Notes:
Published September 2005

REACHING OUT OR OVERREACHING Judicial Ethics and Self-Represented Litigants