Tennessee Taking First Step to Assist Pro Se Court Users

A federal grant is making it possible for Tennessee to join a growing number of states exploring how to improve access to justice for pro se litigants - those doing business in courts without the assistance of lawyers.

The Administrative Office of the Courts applied for the $20,000 State Justice Institute (SJI) grant to sponsor a pro se summit for judges, lawyers, court clerks, pro se litigants and court personnel. Surveys will be conducted by the 50 participants to identify major barriers confronted by pro se litigants in Tennessee.

Just like many other states, Tennessee has experienced a growth in the number of self-represented litigants,Administrative Office of the Courts director Connie Clark wrote in a letter to SJI requesting the grant.These litigants create challenges for the judiciary and court personnel. While many states have offered extensive services, such as self-help centers, family law facilitators, pro se clinics and technology-based assistance, Tennessee has yet to provide such services.

Summit participants will be nominated by organizations such as the Tennessee Bar Association, Tennessee Alliance for Legal Services, Tennessee Judicial Conference, Tennessee General Sessions Judges Conference and Tennessee Clerks of Court Conference. Pro se litigant participants from each grand division of the state will be selected by consulting legal services offices, advocacy groups and judges, Clark wrote.

In the past few years, court systems across the nation, along with court-related associations, have been focusing on how to eliminate barriers to justice faced by self-represented litigants. In some states, access to forms and information is available through online self-help centersJudges, clerks and other court personnel also are receiving training on how to assist pro se litigants without violating prohibitions against giving legal advice. Self- help centers, with forms, telephones, copying machines, fax machines and other assistance, have been established in courthouses and other locations.

In 1999, 49 states were represented at a National Conference on Pro Se Litigation conducted by the American Judicature Society. State teams set goals and time lines at the meeting and later reported their progress. Among those with active pro se projects are Florida, New Mexico, Massachusetts and California, which conducted state and regional conferences.

The State Justice Institute is a non-profit organization established by federal law to improve the quality of justice in state courts, facilitate better coordination between state and federal courts and foster solutions to common problems.