Project
Meeting the Needs of Self-Represented Litigants
Executive Summary
Civil justice reform in the United States has failed
to address the problems that self-represented litigants experience
in their efforts to obtain access to the justice system. Although
the great majority of cases filed by self-represented litigants
are factually and legally uncomplicated, many of these litigants
struggle to navigate through a procedurally complex court system
that is unfamiliar to most lay persons, that employs difficult,
even arcane, terminology, and that imposes highly technical requirements
for pleadings, motions and evidentiary proofs. To date, little
effort has been spent trying to simplify the court process itself
so that self-represented litigants are able to navigate through
the courts without undertaking a crash course in civil procedure.
To address this major shortcoming, the National Center
for State Courts (NCSC) proposes a partnership with the Illinois
Institute of Technology's Institute of Design and the Chicago-Kent
College of Law to examine court processes and recommend modifications
to eliminate or reduce procedural barriers to access for self-represented
litigants. This unique partnership brings together the extensive
expertise of the NCSC in court management, the distinguished expertise
of the Institute of Design in human-centered systems design, and
the nationally renowned expertise of the Chicago-Kent College of
Law in the use of technology in the justice system.
The project has three major objectives. First, it
will identify the major barriers to access to justice that self-represented
litigants encounter due to court procedures and administrative requirements.
Second, it will employ the latest in system design methodology to
redesign court processes to remove these barriers and provide self-represented
litigants with efficient and effective access to the justice system.
Finally, the project will translate the conceptual model for the
redesigned court system into an Internet-based prototype for implementation
in the courts. To provide expert guidance, particularly with respect
to the redesign of the court systems, a 10-person Advisory Committee
will review and make comments on the project recommendations. In
addition, the project will benefit from the input of Mr. Richard
Zorza, particularly with respect to the development of the Internet-based
prototype.
Information about the project will be publicized through
a Institute for Court Management (ICM) course offered in a distance-learning
format, through information posted on the Justice Web Collaboratory
(a joint website of the NCSC and the Chicago-Kent College of Law)
and through a series of news releases and brief articles in court-focused
periodicals. Following completion of the project, the NCSC will
seek the cooperation of courts in implementing the redesigned court
system on a pilot basis for evaluation and adaptation to local needs.
The total budget for this project is $686,368 and
is funded by the State Justice Institute ($150,000), the Open Society
Institute ($150,000), the Center for Access to the Courts Through
Technology ($189,879), and matching funds from the Illinois Institute
of Technology ($196,489).
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