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Project >
Introduction
MEETING THE NEEDS OF SELF-REPRESENTED LITIGANTS:
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Months |
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1 |
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1-4 |
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5-10 |
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11-16 |
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11-18 |
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11-18 |
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1-18 |
Task 1: Create a Design Protocol. In September, 2000, the project leaders from the NCSC, the Chicago-Kent College of Law, and the Institute of Design will finalize the selection of participating court sites, develop the methodology and protocols for data collection, and determine the nature and scope of data to be collected at each site.
The selection of courts to participate as project sites will take into consideration the substantive area of cases (e.g., domestic relations, small claims, landlord/tenant), the proportion of self-represented litigants in those cases, the geographic and demographic diversity of the community, the ease of data collection in the court, and the interest and ability of the selected courts to serve as pilot courts for the redesigned processes after completion of the project. Project staff will consult with the State Justice Institute, the Open Society Institute, the Center for Access to the Courts Through Technology and Legal Services Corporation for information concerning courts that have already received funding for pro se projects to determine compatibility with this proposal.
A number of state administrative offices have expressed interest in hosting one or more sites including Alaska, California, Colorado, Hawaii, New York, and West Virginia. In addition, several local courts have indicated their specific interest in participating as a project site. These include the Colorado Twentieth Judicial District Court [Boulder, CO], the Denver [CO] Probate Court, the Delaware Family Court [Wilmington, DE], the Nineteenth Judicial Circuit [Lake County, IL], the Seventh Judicial Circuit of Michigan, Family Division [Flint, MI], the Hennepin County [MN] District Court, the Second Judicial District Court, Family Division [Reno, NV], the Nassau County [NY] District Court, and the King County [WA] Superior Court. Letters of interest and support from these sites are attached at Appendix C or will be forwarded under separate cover.
Task 2: Assessment of Existing Processes. In Task 2, the Chicago-Kent College of Law will conduct a one-semester Interprofessional Project (IPRO)[10] in which graduate law and design students will examine how self-represented litigants function in 6 project sites. The class will be offered to 20 graduate-level students, 10 of which will be law students and 10 of which will be design students. The work of the IPRO students will be conducted under the supervision of Prof. Ronald Staudt and in cooperation with NCSC staff. This unique collaboration of graduate law and design students, guided with expertise from NCSC project staff, will bring a fresh perspective in its examination of court process. The students will seek to synthesize information about the barriers to access for self-represented litigants in light of existing pro se assistance programs and how existing technology affects such access. Using this information, the students will identify the major design issues for the project, a task that is the first stage of the structured design process (described in greater detail in Task 3). Data collection efforts may include examination of case files, observation of interactions by self-represented litigants with court personnel, and interviews with judges and court staff. Working in collaboration with NCSC project staff, the IPRO students will develop short articles, briefing papers, and graphical illustrations of their findings for publication through the Justice Web Collaboratory (see Tasks 5 and 6). To encourage continuity of work from Task 2 through Tasks 3 and 4, the project will support 2 design fellowships in the amount of $22,000 to subsidize 2 design students to enroll in both Illinois Institute of Technology classes dedicated to this project. The project will also provide 5 law fellowships in the amount of $12,150 to subsidize 5 law students to enroll in both the IPRO and the Systems and Systematic Design class (see Task 3). The Advisory Committee will be given copies of all products developed under this task prior to publication.
Task 3: Redesigning the System. The research conducted in Task 2 will serve as the groundwork for the Systems and Systematic Design class that will be offered by the Institute of Design in the Spring 2001 semester. In this class, Prof. Charles Owen teaches structured planning methodology, a highly structured methodology and computer-aided analysis developed by Prof. Owen to examine systems and answer critical questions about how those systems should be designed to most effectively meet system objectives.[11] NCSC project staff and an Advisory Committee will provide oversight and guidance to the students as they conduct their research.
The structured planning process takes into consideration user needs including the cultural, psychological, and educational factors that affect them. The Institute of Design is the premier institute in “human-centered” systems design and thus is key to redesigning court processes to be responsive to the needs of the litigants and other people who use them. Structured planning also recognizes key relationships among system functions, organizes large amount of information optimally for concept development, and develops solutions appropriate to the real (and natural) complexity of problems.[12] Each of the stages of the structured planning process is characterized by key questions to be answered before progressing to the next stage. (See "Structured Planning Process at a Glance" at Appendix D). The stages of the structured planning process include:
· Project Definition, in which a project team of law and design students investigates the issues identified in Task 2, develops possible design solutions, and through discussion and follow-up research, converges on the solutions that optimize project objectives – in this case, improving access to justice for self-represented litigants.[13] Key questions of this stage are: What are the key issues of the project? What does it not address? What position does the team take on issues relevant to the project?
· Action Analysis, in which the project team undertakes a detailed examination of court functions as they relate to the project. This stage incorporates the needs of ALL users of the court system (e.g., litigants, judges, court staff, and the organizations, agencies and individuals associated with key court functions) [14]and takes into account the cultural, psychological, and educational factors that affect their various roles and functions within the court. Key questions of this stage include: What happens within this system? What should happen within this system? Think about all the users of the system – what should they do? In this stage, IIT students will revisit the participating sites to gather more focused information to be used in the redesign process. Their field work will be supervised by Prof. Owen and NCSC project staff.
· Structuring, in which the project team reorganizes the system functions according to their potential to use components of the developing system in common.[15] Key questions associated with this stage are: What design opportunities or problems do you see in the functions of this system? What are the design insights? What are specific solutions that use these insights? What is each solution, and what does it do? Which are related functions of the system? Which complement one another and which obstruct one another?
· Synthesis, in which the project team evaluates the solutions developed in the previous stage to determine that the proffered solutions fulfill the functional objectives of the project as defined in the first stage and the redesigned system performs all the necessary functions.[16] Key questions for this stage are: Which functions should we look at together to create systemic solutions? To what ends? Are the clustered functions a means to these ends? What means would meet this end? Do the system elements fulfill all functions? Can we identify any more relationships between system elements?
· Communication of the redesigned system, in which the project team drafts a summary of its research and recommendations. The report would include an overview of the project, a description of the system elements (users, functions), explanation of the procedural and organizational bases for the redesigned system, and detailed description of the proposed system with explanations of how its elements fulfill the system objectives. Key questions for this stage include: What is the system plan? What are the elements of the system? How did we get there?
Task 4: Develop an Internet-Based Prototype. Based on the redesigned system developed in Task 3, Prof. Eli Blevis-Bal of the Institute of Design will develop an Internet-based prototype to illustrate for courts how the new system would function after implementation. He will be assisted by 2 design students who will be funded through the design fellowships (discussed in Task 2, above) and a student programmer who will be paid on a contract basis. The prototype will include the system specifications necessary for courts to adapt and implement the prototype through their own MIS systems. James McMillan of the NCSC Technology Division and project consultant Richard Zorza will provide technical assistance to Prof. Blevis-Bal so that he is fully informed about the technological capabilities of courts and frameworks of existing Internet-based pro se access programs. This task will be completed in the summer and fall of 2001.
Task 5: Prepare Products. Each of the preceding tasks will result in one or more products. Task 2 will produce several student-developed articles, briefing papers, and graphical illustrations that describe how self-represented litigants perform in existing court processes and that identify the major issues that impede their access to justice. These products will be disseminated to the courts community and the public through the Justice Web Collaboratory.
Task 3 will produce the model for the redesigned court processes. That model will be summarized in the report of the Systems and Systematic Design class, which will include an Overview of the project, a description of the system elements (users, functions), an explanation of the procedural and organizational bases for the redesigned system, and detailed description of the proposed system with explanations of how its elements fulfill the system objectives. The Systems and Systematic Design students will present their work, including a draft of the report, to the project Advisory Committee for review and comment. The final report will be made publicly available through the Justice Web Collaboratory and will form the basis for the ICM curriculum materials and several articles to be published in court-focused periodicals.
Task 4 will produce the Internet-based prototype and specifications for the redesigned system. The prototype will illustrate for courts how Internet technology could be used to implement and enhance the redesigned system. Staff from the NCSC Technology Division will have familiarity with the prototype and will be able to assist courts in its implementation. The prototype will also be made available through the Justice Web Collaboratory.
Based on each of these products, the NCSC will prepare products targeted at discrete audiences within the court community. These products are outlined in the Subtasks A, B, and C, below. These subtasks will be completed by December 2001.
Subtask A: Develop ICM Curriculum and Materials. Based on the materials developed in Tasks 2 and 3, the Institute for Court Management (ICM) will prepare a curriculum on Redesigning Court Processes to Improve Access for Self-Represented Litigants to be offered in a distance-learning format. This subtask encompasses development of the curriculum, preparation of course materials, and faculty selection. Course delivery and evaluation will be conducted using tuition paid by course attendees.
Subtask B: Disseminate Project Materials through the Justice Web Collaboratory. The Justice Web Collaboratory is a working partnership formed by Chicago-Kent College of Law and the National Center for State Courts to use the tools of the World Wide Web to create a laboratory for collaboration aimed exclusively at U.S. judges and their close support organizations. Under this subtask, NCSC and Chicago-Kent project staff will develop and adapt materials about the project for dissemination through the Justice Web Collaboratory to judges, court staff, court-based organizations and the public. These materials may include descriptions of the project methodology, research findings, recommendations, and prototype.
Subtask C: Publicize the Project Findings to the Courts Community. To publicize the project and encourage implementation of the redesigned process and Internet-based prototype, the NCSC will prepare short articles and news releases for court-focused periodicals such as the NCSC Technology Bulletin, Court Review, Judges' Journal, Judicature, Court Manager, and the Justice System Journal.
Task 6: Disseminate Products and Lessons. In Task 6, NCSC staff will disseminate the products and lessons developed in Task 5. This task will be completed by February, 2002.
Task 7: Project Management. Project management overlays all other project stages and tasks. It includes the administration and coordination of all efforts by the NCSC, the IIT Institute of Design and the Chicago-Kent College of Law.
The NCSC has received SJI grants within the past two years and therefore need not restate its clear priority for funding under the State Justice Act and its regulations (Guideline, VII.C.7.).
The project will be located in the Research Division of the National Center for State Courts. Dr. Victor E. Flango, Ph.D., NCSC Vice President for Research, will provide overall guidance as part of his general administrative responsibilities at no cost to the project. The Project Director will be Paula L. Hannaford, J.D. In this capacity, Ms. Hannaford will ensure that project tasks are completed on time, within budget, and at the highest standards of performance and quality. Project staff from the NCSC will include David Rottman, Thomas Cohen, James McMillan, Marcia Koslov, and Linda Walker. Richard Zorza will serve as a project consultant providing technical assistance.
Paula Hannaford, an attorney and Senior Research Associate with the NCSC since 1993, has managed and contributed extensively to several SJI-funded projects including "Innovations in Jury Trial Procedures" (SJI-93-263), "Should Jurors Discuss the Evidence Prior to Deliberations" (SJI-96-181), and "A National Study and Action Plan on Attorney Conduct and Professionalism" (SJI-97-N-243). Her areas of expertise include jury system management and jury trial procedures; complex litigation and mass tort litigation; probate and guardianship; and legal and judicial ethics and discipline.
David Rottman, a sociologist, currently directs the Evaluation of the Midtown Community Court Project, originally funded by the SJI and NIJ and currently funded by the NIJ. In addition, as the former director of the NCSC Court Statistics Project and the director of projects that generated three editions of State Court Organizations, he brings to the project a broad national perspective on court organization. Dr. Rottman has extensive experience in survey design and served as project director for two recent national surveys of opinions on the courts (one funded by the Hearst Foundation and the other by NIJ). He has also conducted fieldwork, most recently in the nine county comparative study of Trial Court Structure and Performance (funded by SJI) and in the Community-Focused Courts Development Initiative (funded by BJA). He also was one of the original staff members of the Trial Court Performance Standards Project.
Thomas H. Cohen is a court research associate with the National Center for State Courts. Mr. Cohen contributed significantly to the National Center’s project that examined how punitive policies were impacting on the state courts. This project involved analyzing a national database on disposed felony cases and writing a report detailing the findings from that analysis. In addition, Mr. Cohen has contributed to the civil and appellate sections of the Court Statistics Project.
Marcia Koslov is the Director of Knowledge Management for the National Center for State Courts and co-coordinator with Todd Pedwell of the Chicago-Kent College of Law and the Justice Web Collaboratory. Linda L. Walker is a Technology Specialist in the NCSC Knowledge Management Division and has primary responsibility for the Technology Information Service (TIS). In this capacity Ms. Walker is spearheading the effort to transition the Technology Information Service into a predominately electronic service on the Internet. Ms. Walker is the author of the “Projects in Progress” column for the Court Technology Bulletin and participates in various other technology-related projects in Court Technology Programs.
James E. McMillan is the Director of the Court Technology Laboratory and assists with the Courtroom 21 project in conjunction with the William and Mary School of Law. In addition, Mr. McMillan has directed the Court Technology Performance Standards Project, serves as senior faculty for the Institute for Court Management, and has provided technical assistance for numerous trial and appellate courts including the United States Supreme Court and several state supreme courts.
Richard Zorza is an independent consultant, author and lecturer who specializes in the technological and ethical aspects of pro se assistance programs. Mr. Zorza has been a key consultant to several SJI-funded programs in this area.
Project staff from the Institute of Design are Professors Charles L. Owen and Eli Blevins. Professor Owen has worked in the fields of product design, design planning, computer-supported design and design methodology-founding, and then directing ID’s multi-million dollar Design Processes Laboratory for 14 years, publishing the Design Processes Newsletter for 10 years, and teaching, conducting research, and consulting. He serves on the advisory boards of several design journals. His current research is directed toward metaplanning, structured planning techniques, and the development of design-support systems employing computer-assisted processes.
Professor Blevis-Bal’s primary interest is the interaction between design and computing. He holds a Ph.D. in computing and information sciences from Queen’s University at Kingston, Canada where his dissertation research concerned creative reasoning processes and the design of interactive creative reasoning systems. Prior to joining the faculty assistant professor at the Institute for the Learning Sciences (ILS) at Northwestern University. At ILS, he worked on social simulations that involved believable interactive characters and curriculum development tools. He has designed, advised on, and implemented numerous software and technology solutions, including web-based technologies.
Project staff from the Chicago-Kent College of Law are Professor Ronald Staudt and Edward (Todd) Pedwell. Prof. Staudt is a professor of law and associate vice president for law, business and technology at Chicago-Kent College of Law. He is the author of a hypertext casebook in computer law-a course he teaches using only computer based materials. Prof. Staudt is also co-author, with James I. Keane, of the book Litigation Support System: An Attorney's Guide (2nd ed. 1992). He has published numerous articles about the use of computers in law. He is a past president of the Center for Computer Assisted Legal Instruction. He teaches computer law, Internet law and copyright law. During 1994-1998, Prof. Staudt was on leave from the law school at which time he served as vice president of LEXIS Publishing.
Mr. Pedwell is the current manager of the Justice Web Collaboratory and is responsible for building an environment that will help bring judges together on the Internet to explore collaboration opportunities. Before joining Chicago-Kent College of Law, he was the Network Administrator for Touro Law Center and was responsible for migrating from Novell to NT. In addition, he organized one of the first legal webcasting events that examined the legal issues of broadcasting on the Internet. He is also the current Director of Information and Technology for the International Office of the International Law Students Association.
Chicago-Kent College of Law founded its Center for Law and Computers in 1983, featuring innovative programs that use the Internet and new information technologies to educate and to advance justice through, for example, “The Virtual Magistrate”, a seminal alternative dispute resolution tool. Chicago-Kent students staff the Circuit Court of Cook County Assistance Desk.
[1] How the Public Views the State Courts: A 1999 National Survey by the National Center for State Courts funded by The Hearst Corporation, New York: The Hearst Corporation, 1999.
[2] Self-represented litigants also have a significant presence in tort and contract cases filed in courts of general jurisdiction. A study of 45 of the nation’s largest general jurisdiction trial courts found that pro se litigants were involved in five percent or more of tort and contract cases in 16 of those courts. The largest proportion was 13 percent. (Goerdt, John et. al., “Litigation Dimensions: Torts and Contracts in Large Urban Counties”, State Court Journal 19 (1), 1995, p. 43.
[3] Goldschmidt, Jona et al, “Meeting the Challenge of Pro Se Litigation: A Report and Guidebook for Judges and Court Managers”, Chicago: American Judicature Society, 1998.
[4] Consortium on Legal Services and the Public, "Legal Needs and Civil Justice: A Survey of Americans: Major Findings from the Comprehensive Legal Needs Study", Chicago, American Bar Association, 1994, p. 16.
[5] Committee to Improve the Availability of Legal Services, Final Report to the Chief Judge of the State of New York, 19 Hofstra Law Review 771 (1991).
[6]A majority of respondents to a 1999 national survey (58 percent) strongly or somewhat agreed with the statement, “It would be possible for me to represent myself in court if I wanted to”. One in four respondents strongly agreed with that statement (How the Public Views the State Courts: A 1999 National Survey by the National Center for State Courts funded by The Hearst Corporation, National Center for State Courts, 1999).
[7] Robert A. Miller, “In re pros se litigants”, SJI News Vol. 10, No. 3, 1999, p. 4.
[8] The IIT design process applies methodologies that understand users' needs from multiple perspectives, including not only the users' physical and cognitive capabilities but their cultural backgrounds and the social situations in which they use a product or service.
[9] Charles L. Owen, “Design, Advanced Planning and Product Development”, Chicago: Institute of Design, Illinois Institute of Technology, p. 13.
[10] The IPRO is a 3-credit class offered by the Illinois Institute of Technology that provides an opportunity for students of various academic and professional disciplines to collaborate on projects of mutual interest. Recent IPROs sponsored by the Chicago-Kent College of Law include a number projects related to encouraging the development of the rule of law in former Soviet bloc countries (Rule of Law Through Technology Initiative). For examples of current projects, see http://www.pbosnia.kentlaw.edu/projects/.
[11] See generally Charles L. Owen (ed.), Design for Integrity (1993). The Systems and Systematic Design class has been the vehicle for redesign projects of a number of public and private organizations. For brief descriptions of these projects, see Appendix B.
[12] Charles L. Owen, Design, Advanced Planning and Product Development, in Structured Planning: A Process for Finding, Structuring, Using and Communicating the Information Necessary for Planning and Design.
[13] Id. at 6.
[14] Id. at 6-10.
[15] Id. at 10.
[16] Id. at 10-11.
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The research project entitled "Meeting the
Needs of Self-Represented Litigants" (Access to Justice) |