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Help for the Pro Se Litigant

NCJ Number
81430
Journal
State Court Journal Volume: 6 Issue: 1 Dated: (Winter 1982) Pages: 9-12,48-49
Author(s)
H Halberstadter
Date Published
1982
Length
6 pages
Annotation
This paper describes a program implemented by the District Court of Union County, N.J., whose aim is to provide free legal assistance to pro se litigants through the use of young attorneys currently serving as law clerks. The procedures and benefits of the Pro Se Assistance Program are discussed.
Abstract
Under the program, the judge calls each pro se litigant and adversary forward, presenting them with an outline of the program and informing them that a law clerk will assist them in preparing for trial if a voluntary settlement cannot be reached. The parties usually accept the judge's offer and meet with a clerk, during which time both parties explain their respective positions. The law clerk then discusses the legal aspects of the case and reviews the evidence that each party has brought to court. The parties discuss their differences, and a settlement is usually reached. If the parties fail to reach a satisfactory accord, the case is assigned to a judge, and the law clerk informs both parties about courtroom procedure and the guidelines to be followed in establishing their cases. In Union County, the successful mediation rate of the program hovers around 70 percent, and no significant bench-time is involved. In a 6-month period (September 1980 through February 1981), 164 pro se matters were presented for conference; of these, 118 were settled, 39 proceeded to trial, and 7 were adjourned and ultimately resolved without a trial. The program has also resulted in the accelerated disposition of cases on the first date when both parties have appeared. The features of this program are adaptable to any court of limited jurisdiction where unrepresented litigants are apt to seek relief. Notes are included.