Partners in Crime. And Civil. And Everything.

Improving access to justice is a necessity.

In one episode of the classic TV series Bewitched, Samantha’s Aunt Clara accidentally conjures Benjamin Franklin, who, in classic sitcom madcap style, gets arrested for stealing an antique fire truck. Despairing over the odds of getting an attorney, Darrin asks whether Franklin could defend himself.

“No,” says Franklin, “that might be unwise, sir. The man who defends himself in court has a fool for a lawyer and a jackass for a client.”

It’s a bon mot that is often attributed to former President Abraham Lincoln. There is no evidence Lincoln ever said this, and if he did, he didn’t invent it, as versions of the line have been around since the 1600s.

One thing is certain. If the creator of Silence Dogood had served as his own counsel, he would have joined the ranks of self-represented, or pro se (Latin for “for oneself”), litigants.

Ranks that are growing, by the way. An estimated thirty million people each year are reported to lack legal representation in state courts. As for federal courts, there was a 20 percent increase in pro se filings from 2010 to 2019. During that same decade, in 91 percent of prisoner petition filings, the plaintiffs were pro se. According to a 2022 Legal Services Corporation report, “Low-income Americans do not get any or enough legal help for 92% of their civil legal problems.”

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The reason for this gap is often financial—people can’t afford lawyers—but not always. According to the American Bar Association, “large swaths of the United States have few lawyers or no lawyers.” Whatever the reason, courthouses have started addressing the shortfall.

One way they are doing this is by establishing self-help centers. These are facilities where judicial staff help pro se litigants understand and manage the process without giving legal advice (this would be the unauthorized practice of law, which is illegal in all fifty states plus the District of Columbia).

Self-help centers “play a pivotal role in expanding access and bridging the justice gap,” in the words of the National Center for State Courts. They “empower litigants and benefit the courts by reducing reliance on clerks, improving legal filings, and enhancing litigant preparedness.”

There are many examples of successful centers nationwide. In 2021, for instance, the Michigan Supreme Court created the Justice For All Commission, whose mission is “to achieve 100% access to Michigan’s civil justice system” for those who are underrepresented. Among the commission’s efforts was a grant program “to award and disburse $500,000 appropriated by the state legislature in Fiscal Year 2023 to expand legal self-help center services across the state.”

A federal grant from the State Justice Institute helped Florida’s Eleventh Judicial Circuit, which serves Miami-Dade County, create a chatbot called Self-Help Assistant Navigator for Digital Interactions, or SANDI, to provide routine information, freeing up staff members for more complex questions. The results are impressive. Prior to SANDI, “we averaged about 950 live chats monthly,” said Juan C. Carmenate, director of the Family Courts Self-Help Program. The chatbot cut that average to fifty-five per month.

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North Carolina is another state using technology to improve court access. For a few years, its eCourts system has been replacing paper filing in the state’s courthouses, with ten more counties set to come online by year’s end. How many will that be? Twenty-seven out of one hundred, according to the Carolina Journal. eCourts allows online searching of court records for the first time in state history.

Some court systems are partnering with law schools, such as Stanford Law’s collaboration with Alaska, Colorado, Kansas, Michigan, Texas, and Virginia “to simplify filings in civil cases affecting millions of Americans.”

Others are working with libraries, which I see as the perfect fit. Librarians are accustomed to dealing with all manner of questions and problems. The drive to help patrons find useful information and understand its applications is deeply rooted in the profession. If we know the answer to a question or the solution to a problem, we’re inclined to offer it up without hesitation.

One recent alliance comes out of Illinois. Back in August, Secretary of State Alexi Giannoulias announced that it would work with the Illinois Supreme Court Commission on Access to Justice and The Chicago Bar Foundation “to establish Court Access Library Centers in [18] selected public libraries that offer space and dedicated equipment for residents without lawyers to appear in court remotely, obtain legal information and resources, and e-file and access court documents online.”

“Our libraries have always served as a hub for learning and finding answers,” said Giannoulias. “Adding legal guidance as a supplement to the knowledge already available just makes sense.”

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Judge Jorge Ortiz, Chair of the Illinois Supreme Court Commission on Access to Justice, said,

"This impactful statewide partnership will significantly enhance access to justice, enabling many individuals to meaningfully engage in their court cases. This is particularly vital for those who face barriers such as limited access to legal services, technology, or transportation to the courthouse. We are thrilled to collaborate with the Illinois Secretary of State and The Chicago Bar Foundation in this important initiative."

These sentiments were echoed by Bob Glaves, Executive Director of The Chicago Bar Foundation:

"Libraries have long been a trusted place where people can find help right in their own community. We are thrilled to be part of this innovative partnership with the Secretary of State and the Supreme Court Commission on Access to Justice to expand the information and resources that libraries already offer their communities so they can better assist people facing legal problems on their own."

As laws get more numerous and complex, and as lawyers continue to price themselves out of the reach of the lower and middle classes, access to justice will grow scarcer and scarcer. Programs like the ones discussed in this article will be in ever higher demand. 

Here’s hoping that state and local governments continue to fund them at levels that will make a real difference.

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