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THE PRO SE LITIGANT'S STRUGGLE FOR ACCESS TO JUSTICE
Author(s) -
Goldschmidt Jona
Publication year - 2002
Publication title -
family court review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.171
H-Index - 4
eISSN - 1744-1617
pISSN - 1531-2445
DOI - 10.1111/j.174-1617.2002.tb00818.x
Subject(s) - economic justice , obligation , law , resistance (ecology) , political science , set (abstract data type) , computer science , ecology , biology , programming language
Just as the growth of pro se litigation is a challenge for the courts, so, too, is the bench and bar's resistance to pro se assistance programs and policies a challenge to court reformers seeking to improve access to justice. Even where progressive courts have been able to implement court‐annexed pro se assistance programs, judicial and bar resistance to pro se assistance in the courtroom remains. This paper explores the reasons for such resistance, and argues that pro se litigants have a right to receive—and judges have an obligation to provide—reasonable judicial assistance, particularly in cases involving a represented and an unrepresented party. A set of recommendations is offered which will result in pro se litigants being given more basic legal information than previously provided, better preparation of pro se cases, and a more active judge to ensure that all parties have equal access to justice.