Just In Time

Description

Just In Time tools are a series of educational materials, printed and on-line, made available to the SRL in the courtroom. These materials take advantage of the SRLs piqued interest in particular issues at crucial junctures in the legal process.

Discussion

A variety of legal resources are available to the self-represented litigant on the internet, but these resources are not targeted to the last-minute needs of litigants. A just-in-time resource in the courtroom is crucial because SRLs are frequently overwhelmed with other concerns prior to their hearing and are not always able to absorb pertinent information about the courtroom experience prior to the hearing. SRLs who are not the initiators of the case, who have nothing to gain by going to court (e.g. a landlord/tenant case, where the unrepresented party stands to lose her housing), may be among the most disadvantaged when considering access to resources and the ability to exercise a litigious or strategic frame of mind.

These courtroom resources address observations of SRL confusion upon entrance into and exit out of the courtroom. SRLs report feeling anxiety about the unknowns they encounter while waiting for their case to be called; the sudden realization that they are in the courtroom and will shortly be standing in front of the judge puts a sense of urgency on the need to understand what goes on in the court. Just In Time resources acquaint the SRL with in-court processes in straight-forward language, like the explanatory documents available at many self-help centers across the country. These documents should be carefully written, edited, and updated to be comprehended at a 5th grade reading level.

Just In Time resources are strategically placed with regard to: (1) their location in the courtroom and (2) the juncture at which they are intended to appeal to the SRL. Timing is an essential component in effectively educating and initiating an SRL to the legal system, and many SRLs may not be in a position to concentrate on knowledge of courtroom processes until the day of the hearing arrives.

SRLs have also been observed looking confused while exiting the court with nothing in hand to confirm and explain the details of the judge’s ruling. One otherwise well-informed SRL stated in a post-hearing interview that he hesitated as he left the courtroom because he “had no idea what to do next” once he had received a judgment in his favor. Printed
resources that the SRL may pick up and take out of the courtroom, detailing the legal process following a ruling, the terms of enforcement, and employing a clear and instructive tone, are intended to reassure and educate the SRL when he most needs it.

Scenario

A litigant walks into the courthouse for a 9 a.m. call. She received her summons a month ago regarding her potential eviction from her apartment. She spent the intervening time talking with associates who have been to court previously, trying to make arrangements should she be evicted, securing child care, and making alternate work arrangements for her day in court. Going to the courthouse to look through the helpful materials available at the self-help center has not made it to the top of her priority list in the midst of her busy schedule these past few weeks.

She finds the appropriate courtroom and steps inside. She sees a layout something like the one she recalls from Judge Judy, but she’s not certain who all the people are and is surprised by how quickly the cases are called and decided. The courtroom seems more chaotic than she imagined. She notices people walking up to talk with a woman at a desk next to the judge, and wonders if she should also approach the desk. She is anxious and surprised, suddenly catapulted into the reality of the courtroom.

Then she notices a display of printed material near the gallery seating. She scans quickly over the titles, printed in bold letters clearly on the front of the booklets. Some of them are in Spanish, others are in a comic book format, and the one she chooses is called “Welcome to the Landlord/Tenant Courtroom: What to Do When You Arrive”. She browses through the text, which explains to her, in sequence: how she should check in with the clerk, then wait in the gallery and listen to the other cases until her name is called. The booklet includes illustrations of the courtroom, including all the people, where they sit, and what they do. Oriented, she proceeds to follow the directions clearly spelled out in the booklet and, after registering with the clerk, she sits down to scan over “The Low-Down on Legal Lingo” in preparation for her case.

After the judge’s ruling, the litigant is confused as to what she should do next. She is unable to formulate a concise question to obtain further explanation from the judge, and doesn’t want to interrupt the flow of the court, as the clerk calls out the names of the next parties.

However, as she steps out toward the gallery, she notices another stack of booklets called “Understanding the Judge’s Ruling,” which she picks up and scans as she leaves the courthouse. In straight-forward language, the text seems to recognize her confusion and sympathetically offers an explanation of the process that she felt unable to ask for in the courtroom. The booklet begins with a set of "if-then’s," e.g.. “If the judge said xx then you’ll be expected to...” It offers resources for seeking temporary housing after an eviction and lets her know that the court will be sending her official papers through the mail in the next few days.