slide 1 public libraries and access to justice: public library association: march 2010 prepared by...

Public Libraries and Access to Justice:Public Library Association: March 2010

Prepared by the Self-Represented Litigation Network

General Package Editor: Richard ZorzaCopyright 2010, National Center for State Courts

Developed by the Self-Represented Litigation Network of the National Center for State Courts, with Funding from the Bill & Melinda Gates Foundation to the National Center for State Courts, and in cooperation with the Legal Services Corporation.

Points of view and opinions stated in this document do not necessarily represent the official position or policies of the National Center for State Courts, or of the Legal Services Corporation, or of the Bill & Melinda Gates Foundation, or of any

co-sponsor or of any participant in, or funder of, the Self Represented Litigation Network.

CAUTION: SLIDES ARE AS EXAMPLES, NOT LEGAL INFORMAMTION -- FOR LEGAL INFORMATION GO TO STATE COURT AND/OR ACCESS TO

JUSTICE WEBSITES --- WWW.LAWHELP.ORG

Outline

• Our Vision (10)

• What Public Librarians Can Do (20)

• The Tools Overview (15)

• Collaborations for Access (15)

• Developing the Materials for Training Librarians and Assisting Patrons (10)

• Conclusion (5)CAUTION: SLIDES ARE AS EXAMPLES, NOT LEGAL INFORMAMTION --

FOR LEGAL INFORMATION GO TO STATE COURT AND/OR ACCESS TO JUSTICE WEBSITES --- WWW.LAWHELP.ORG

The Panel

• Marcia Koslov, LA Law Library• Hon. Mareen McKnight, Portland Family Court• Judy Meadows, Montana State Law Librarian• Mark O’Brien, Executive Director, Pro Bono Net• Glenn Rawdon, Senior Program Counsel, Legal

Services Corporation• Richard Zorza, Coordinator, Self-Represented

Litigation Network



The Vision• Importance of access to justice for democracy

• Reality of courts

• Value of partnerships, especially libraries

• Importance to litigants, courts and judges of help from libraries

• Shows courts as gateway to government and services



What Public Librarians Can Do



WE CANNOT GIVE LEGAL ADVICE

• This is what librarians hear –

• But what does this really mean?

• Do any of you really understand?



Problems Develop When There is Such a Vague Standard

– Less apt to help laypersons, tendency to favor Less apt to help laypersons, tendency to favor professionalsprofessionals

– Less time for difficult people; more attention Less time for difficult people; more attention paid to nice onespaid to nice ones

– Depending on the workloadDepending on the workload– Depending on how much sleep you had last Depending on how much sleep you had last

night!night!



Principle upon Which toBuild a Sound Policy

• You may provide information to court users You may provide information to court users about about howhow the process works the process works

• Connecting people to information is not Connecting people to information is not legal advicelegal advice



Legal InformationLegal Information

• Facts about the law and the legal processFacts about the law and the legal process

• Who, what, where, when, howWho, what, where, when, how

• How to bring an issue to the attention of the How to bring an issue to the attention of the courtcourt



Legal AdviceLegal Advice

• Advice about the course of action someone Advice about the course of action someone should should taketake to further his or her own best interests to further his or her own best interests

• Opinions, conjecture, predictionsOpinions, conjecture, predictions

• Suggestions as to the best way to proceed, or Suggestions as to the best way to proceed, or judges’ inclinationsjudges’ inclinations

• Recommending specific optionsRecommending specific optionsCAUTION: SLIDES ARE AS EXAMPLES, NOT LEGAL INFORMAMTION --


If you don’t know, don’t guess.If you don’t know, don’t guess.



Ways to provide this assistance

• Know where to locate forms which help litigants submit appropriate information to the court

• BUT, be very careful of the source of the forms! Only go to reputable websites, generally your statewide legal aid or court sites.



Don’t assume that television Don’t assume that television courtroom presentations represent courtroom presentations represent

the reality of a trial.the reality of a trial.



You Can

• You can recommend the use of a lawyer You can recommend the use of a lawyer and provide information concerning lawyer and provide information concerning lawyer referral services and legal aidreferral services and legal aid



Librarians can provide forms and Librarians can provide forms and copies of instructionscopies of instructions

• We may record on the forms information We may record on the forms information provided by the litigants provided by the litigants if the litigants are if the litigants are not capable of filling out the form not capable of filling out the form themselvesthemselves

• We are not allowed to provide or suggest We are not allowed to provide or suggest the information that should be entered on the information that should be entered on the formsthe forms



Hypothetical Situations for Discussion

• Changing child support• Visitation• Name change• Step-parent adoption• Emancipation• Expungement• Eviction notice or getting back a security

deposit



What Public Librarians Can Do

• Discussion Opportunity



Legal Aid Tools Overview



Legal Services Can’t Do It Alone

• LSC-funded legal aid programs turn down 1 million cases each year because of insufficient resources. This means one person who sought help is turned down for every client served.

• Low-income people address 80% or more of their legal problems without the help of an attorney.

• Per capita ratio of legal aid attorneys to the low-income population is a fraction of the ratio of private attorneys providing civil legal services to the general population.

• The majority of legal aid lawyers work in LSC-funded programs.



Bridging the Justice Gap Requires Innovation

• Technology Initiative Grants (TIG) Program created in 2000.

• Goal: Expand access to justice through technology.

• TIG Program has made 415 grants, totaling over $33 million.



Who is Online?



National System of Websites



Legal Information

for the Public



LawHelp Interactive• Online document assembly

• Used by legal aid organizations, pro bono programs, and courts.

• Assists unrepresented litigants and improves staff and volunteer efficiency.

• Project of Pro Bono Net and funded by TIG through Ohio State Legal Services

• LexisNexis donated HotDocs ServerCAUTION: SLIDES ARE AS EXAMPLES, NOT LEGAL INFORMAMTION --


States Creating Content



How Does It Work?



Public Loves Doc Assembly

• This was a wonderful program. I would defintely refer this to others that I know are in similar situations. The forms were set up most appropriately, percise, and easy to read. Thank you.

• I have been overwhelmed with this process from the beginning and your website made the process seem so easy. I really appreciate the simplicity of the directions and the language used. Thank you.

• It came out looking all professional and accurate. Thanks!



LiveHelp



Educational Videos



Legal Aid of Western Ohio Current Intake System

• Walk-in

• Hotline

• Web-based



Legal Aid of Western Ohio Current Intake System (cont’d)

• Nearly 11,355 online applications in 2008

• Web makes up approximately 34% of all intake traffic



• What is I-CAN!™ E-FILE? - It is an interactive web-based program in English & Spanish that enables low-to-moderate income workers to prepare their income tax returns free of charge. Last year, I-CAN!™ E-FILE returned over $100 million to low-income taxpayers, over $31 million of which was the Earned Income Tax Credit.

• Password Protected

• No Email Address Required

• Direct Deposit

• Supports E-Filing

• Taxpayer can go back 2 years (07 & 08 tax years)

• Learn more and partner for free – www.icanefile.org



Court Tools Overview(Samples, not for legal help)



Collaborations: LA Law Library

• 8 Branch Locations in CourthousesO

pen 4 hours per day

Paraprofessional Staff

Lack Technology

Older collection / Not maintained



Potential Partnerships: Pasadena

• Pasadena Public Library– New leadership– Mid-size public library– Government document collection– General public legal materials



Potential Partnerships: Compton

• Compton Courthouse – Supervising Judge Request

• Los Angeles County Public Library– Compton Library undergoing renovation



LA Law Library Provided:Collection Support

– Legal Practice Materials – Maintain the Collection– Provide Online Services

Staff Support– Provide Staff Training – Serve as Back-up Resource / Reference Assistance

Training - Provide training to public



LA Law Library – Pasadena and Compton Partnerships

• Space– Provided shelf space – Integrated all legal materials from both collections

• Materials – Update Nolo and general legal materials– File and shelve materials in timely manner

• Provided technology• Extended Hours: Weekday / Evening / Weekend

• Professional Staff CAUTION: SLIDES ARE AS EXAMPLES, NOT LEGAL INFORMAMTION --


Collaborations Montana Story

• Collaboration between the Courts and Montana Legal Services to create helpful resources for SRLs

• Teaching clerks of court & public librarians

• Partnering with other service providers, such as Aging Services and Disabiltiy Rights Montana



Collaborations: Perspectives from Court and Legal Aid



Bridging the Justice Gap Requires Partnerships

• Federal and state governments• Private bar• Legal services• Concerned public and private parties

• LSC’s Board, in its Strategic Directions 2006-2010, directed LSC to strengthen collaborations and strategic partnerships, particularly with the courts, IOLTA, law schools and private bar

• In 2006 - 2009 the State Justice Institute partnered with LSC on 39 grants totaling $3,206,821 for projects with strong legal services and court partnerships



Partners — The Court Channel



Court Channel —

Cont’d



Court Channel Cont’d



LSC + Local Legal Aid + Court



Local Example - Illinois• Legal aid & courts set up legal self-help in 21

of the state's 101 counties.

• Located inside mostly courthouses but in some rural areas located in libraries.

• Staff and volunteers help people use the computers, find legal information online, and fill out interactive forms.



Local Example - California

• Guardianship clinic at the Probate Court in Los Angeles County uses interactive forms.

• Documents are e-mailed to remote pro bono attorneys to review because clinics are a two-hour drive from downtown Los Angeles.

• Staff generate and review documents up to 30 minutes faster than with the process they previously used.

• More people are served in less time, fewer are turned away.



Judges, Advocates and Service Providers Love Doc Assembly

• The project has also provided greater efficiency and preparedness by the self-represented litigant that speaks volumes to Judges faced with ever increasing pro se cases. In 2007 when a survey was sent to all Magistrates in the state, one question asked where the automated court forms offered greater efficiency from a judicial perspective. One Judge responded with, “Yes, it has. Those who use the interactive forms are much more likely to have all their paperwork in order so that the case can be completed in one session and with minimal assistance from the court.” -- The State of Idaho Supreme Court

• Arkansas began a substantial automated document project in 2007 and we have met great success. In 2007 Arkansas developed seven (7) automated packets and a total of 39 automated documents that were published on the website. Our organization has done multiple workshops with the pro se public utilizing these tools and our advocates use these resources on a daily basis . . . The Arkansas SWWS [Statewide Web Site], now including automated documents, has become an essential part of service delivery in Arkansas with a high volume of reported traffic resulting in better access to justice for our clients. -- Arkansas Legal Services Partnership



Patron to You, Client to Us

• Legal Services programs want to help those they cannot represent to help themselves

• Librarians want to assist their patrons• Libraries serve as a major portal to the Internet for

low-income individuals• Help your local LS Program by joining the

Stakeholders’ Committee to help them fill the gaps in legal information



Developing the Materials

• The FAQ Template Concept

• Not the answers, but the tool to develop the links that public librarians can use to help patrons



FAQ Contents



FAQ Template Example



Working on the FAQ

• What Legal Aid brings

• What courts bring

• What law libraries bring

• What public libraries bring



Working on the FAQ – The Process

• Need for leadership

• Need for division of labor

• Timelines



Developing Training Materials

• Need for ethics practice

• Need for training practice

• Austin Conference Materials



The Austin Pack Online• PowerPoint to show potential

• PowerPoint on Ethics

• PowerPoint on Library Process

• PowerPoint on Collaborating

• FAQ Template

• PowerPoint on Customizing

• Supplemental Materials and Resources

• Go to www.selfhelpsupport.org then Libraries and there is a special public libraries folder



Conclusion

• Participation in tipping point

• Tipping point for 100% access to justice

• Tipping point for a new view of libraries



slide 1 public libraries and access to justice: public library association: march 2010 prepared by...

Documents

legal information

legal informamtion

state courts

legal advice

state court andor access

justice websites

services caution

vision importance of