February 2025 President's Letter

Greetings NAWJ members!

As you know, the theme of my presidency is “Access to justice is justice for all”.  This month, I’d like to talk with you about SRLs, or self-represented litigants. A question many of us ask is how can we efficiently facilitate justice with SRLs, while maintaining impartiality and staying in our lane?

The increasing number of self-represented litigants in our courts reflects a broader issue of access to legal representation. Now, there’s no question that sometimes litigants have the means to hire counsel, but they feel they can manage their case on their own. I submit, based on my own experiences as a state trial court judge, that is the exception, and not the rule.  The data bears out that the vast majority of SRLs show up to court without counsel because of financial barriers or a lack of available legal resources. Regardless of why they are appearing in pro per, as judges, we must administer justice.  How do we do that?  As noted above, we face the challenge of balancing the need for impartiality with the imperative of ensuring that these litigants receive a fair opportunity to present their cases. This month, I want to delve deeper into some strategies for managing dockets with self-represented litigants without compromising our judicial role.

Firstly, clear communication is essential. Legal jargon and complex procedures can be intimidating for those without legal training. Indeed, the law is a language all its own.  Judges should strive to use plain language, whether spoken or written.  They should explain legal processes in terms that are understandable to non-lawyers. On that point, did you know that on average, citizens possess a sixth-grade education?  Think about the language you use when you engage SRLs.  Don’t hesitate to ask if they understand concepts, like as burdens of proof or how an evidentiary proceeding must be conducted.  And allow litigants to ask questions if you have provided them with instructions.  There is a difference between providing legal information (always allowed) and legal advice (never allowed). 

Additionally, courts can develop resources such as guides, FAQs, and self-help centers that provide step-by-step instructions on common legal issues. Some courts have successfully implemented "navigators" or "court coaches" to assist self-represented litigants in understanding courtroom protocols and procedures.  In Michigan, where I practice, our state bar funds a website to assist SRLs.  It’s called MichiganLegalHelp.org.  It is a gold mine!  It provides state court approved forms, videos and tool kits on a variety of civil legal topics. Michigan Legal Help also uses navigators.  In some communities, there are self help centers where SRLs can go to obtain legal information, as well as access printers and paper to create state-court approved legal documents. 

Moreover, mediation and other forms of alternative dispute resolution (ADR) should be encouraged as viable options for self-represented litigants. Some communities offer community mediation services.  These processes tend to be less formal and intimidating.  They may offer services on a sliding scale.  Typically, ADR offers SRLs with a more supportive environment for resolving disputes. By promoting ADR, we not only alleviate some of the pressures on the court system but also provide litigants with a potentially less adversarial and more constructive way to resolve their issues.

Ultimately, our goal is to ensure that every litigant, regardless of their representation status, has equal access to justice. By adopting these strategies, we can help level the playing field and ensure that justice is served fairly and efficiently for all.

Best,
The Honorable Michelle Rick
President, National Association of Women Judges