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Dickson: Trial courts face 'crisis' of unrepresented litigants

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About three in five litigants appearing in Indiana’s civil trial courts are doing it themselves, according to data compiled from statewide case filings this summer.

“That was an alarming statistic to me,” Chief Justice Brent Dickson said of a “snapshot” of civil cases that found 62 percent of litigants were pro se, even when excluding small-claims actions and post-conviction relief petitions.

“We have a crisis in pro se litigation,” he said after relating the findings this month to a gathering of the Indianapolis Bar Association.

Dickson said the Supreme Court asked for an analysis of all civil filings in courts using the Odyssey case management system, which represents about 40 percent of cases statewide. For years, judges have worried about their observations of an increase in the number of pro se litigants, and Dickson said the court wanted baseline data that never had been compiled on such a scale.

pro-se-facts.jpg“If it’s good for 40 percent of the state, it’s probably good for 100 percent of the state,” he said. “We’ve got some reasonably reliable data. … Instead of gut feelings, we can say this is a real problem.”

Indiana Tax Court Judge Martha Blood Wentworth chairs the Indiana Pro Bono Commission and said judges for years have looked for ways to address what she called “an explosion of pro se litigation in our courtrooms all over the state.”

Judges, Wentworth said, “are trying to get attorneys to represent some of these pro se litigants, and how can judges make that process easier? Some of it is just (judges and lawyers) coming up with ideas.”

Marion Superior Civil Division 1 Judge David Shaheed chairs the Heartland Pro Bono Council that serves Indianapolis. Seeing a huge need for attorneys to represent people in domestic relation cases, he and plan administrator Dana Luetzelschwab are pushing an initiative that will begin in January.

Attorneys who agree to provide pro bono representation for people seeking counsel through Heartland’s website, heartlandprobono.org, will earn credit entitling them to three to six hours of free CLE.

“It’s primarily to attract new lawyers to take pro bono cases,” Shaheed said. The so-called “pro bono clerkship in family law” program will be available to attorneys in any Marion Superior court handling domestic relation cases. There’s a waiting list for legal help, Shaheed said, and “almost on a daily basis people are applying for legal assistance.”

Marion Superior courts also put on weekly workshops staffed by law students and supervised by a practicing family law attorney in which people who are representing themselves get help completing paperwork for divorce or modification cases, for instance.

Efforts like these help address some of the problems in administering cases involving unrepresented litigants. “The court has to do the judicial work but in the process make sure the unrepresented person has some idea what’s going on,” Shaheed said.

Dickson also shared the data at a recent Fort Wayne judicial conference, where Indiana Court of Appeals Judge John Baker said the findings came as little surprise.

While the numbers identify the prevalence of pro se cases, the challenges these cases present for judges and lawyers is more difficult to quantify.

It takes clerks, court staff and judges longer to manage cases where people are representing themselves because the litigants are unfamiliar with procedure, and judges also sometimes struggle to understand or frame litigants’ arguments, all of which slows the docket, Baker said.

“When you don’t have the aid of a professional to fetter out your relevant information, it takes our trial judges longer to resolve disputes that would otherwise probably be, in most cases, settled by the lawyers,” he said.

The appellate docket isn’t as flush with pro se appeals as trial courts, but Baker said it’s unmistakable that the number of pro se appeals is rising. Once a small-claims court judge, Baker said he knows the difficulty judges run into when litigants argue their own cases. There’s a difference in small claims, though, because that system anticipates pro se litigants.

In other civil trial courts, judges must be cognizant of accommodating pro se litigants but not crossing a line that could be viewed as advocacy, he said.

State courts have long recognized there always will be people who will represent themselves either by choice or because they lack the means to hire a lawyer. An online, self-service legal center – http://www.in.gov/judiciary/selfservice/ – provides do-it-yourself legal guidance while also warning it’s not advisable for someone to represent themselves in court.

Dickson observed, “Maybe we in the legal community ourselves have been enablers … in part by dignifying and encouraging this harmful trend. … ‘Self-represented’ is an oxymoron. They’re going it alone. They’re unrepresented.

“Maybe what we need to do is stop subtly encouraging people to go it alone,” he said.

Dickson and Wentworth said it will take efforts of state and local bar groups, judges and other advocates to ensure litigants who need representation get it. Wentworth said there’s no shortage of ideas, and judges want them from all quarters.

Baker likened possible changes in the legal landscape to those seen in medicine. For instance, drugstores now offer mini-clinics, and nurses in certain cases now are authorized to write prescriptions. So why shouldn’t paralegals or legal specialists who aren’t attorneys be allowed to handle some of the routine work?

“Everything doesn’t have to be treated as if it’s open-heart surgery. In some instances, we just need a medic,” he said. “I think our profession needs to think about being more adroit at changing the way we do business,” Baker said.•

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  • A theme has emerged
    Money drives the profession. It did not drive me, so I was too odd to license. And those who do not want to have their money unjustly taken by the greedy toll guards on the highway to court, well they are choking up the docket. I guess all that glitters might be gold, but when gold and not God leads the search for justice well then the middle just does not hold.
  • reality
    Whoever thought of posting the expungement and domestic relations forms online, didn't do trial court judges any favors. Next, will it be estate administration and products liability fill-in the blank forms online for pro se litigants? How about "Partial" Pro Bono cases at say $25 to $35 per hour to the client, instead of nothing? No, that would be way too much common sense.
  • Money
    Baker is right. He hit the NAIL on the head when he "Glossed" over the real reason myself and others decide to go Pro-Se. Money. All the Lawyers in Indianapolis want an exuberant amount as retainer fee.The case can be completely Linear and they will make a Mountain out of Mole Hill to justify there fee's. I applaud the Conversation being directed by Judge Baker, to wit PARA LEGALS should be allowed to prepare and give guidance to where and how to file matters.Understanding where to put the key in the ignition is the first step in getting the Car Moving.
  • Idea
    I had an idea. I founded a Christian ministry in Fort Wayne that had announced plans to represent litigatant pro bonon in justice issues. I had a deep background in consumer law, licened in KS since 1996, had just been cleared character and fitness by the National Board of Law Examiners. But political correctness in Indy led them to reject me, after asking me, on the record, if I would put God's law above man's law. Perhpas Indy should back away from p.c. and misuse of the D.C. and this problem might lessen? Details 3w @ archangelinstitute @ Michael tab.

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  1. This guy sounds like the classic molester/manipulator.

  2. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  3. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  4. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  5. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

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