Legal accessibility - Guest Blog by Sharon Hoffmeyer

I always knew there was a problem with people being able to access the legal system without assistance of an Atty.  However it was not until it happened to me that I realized the extent of the problem.  The shocking part for me was that I have legal training.  I learned from my ordeal that I have more knowledge than some clerks at the courthouse.  I live in Jacksonville Florida the site of a new three hundred fifty million dollar courthouse.  This courthouse underwent its own trials and tribulations from being over budget and plagued with design problems.  For $350,000,000 we have a courthouse that is not 100% compliant with the Americans Disability Act and whose opening was delayed because the building could not pass fire inspection.

After filing my divorce petition on July 26, 2012, I realized that the problems are deeper and affect a far greater number of people than those touched by design or by ADA non compliance.  If you are the person that does not have the money to hire an Atty.  then you are, in essence, locked out of the courthouse.  When I filed my paperwork it was complete and correct.  Included in the paperwork I filed an Emergency Motion for Temporary Needs.  This means that I was asking the court to give me a hearing as soon as possible to establish child support and other needs so that I can continue to support my children.  After going through the proper procedure of serving the paperwork I called the courthouse to ask for a hearing date.  I left countless messages for my case manager which went unanswered and unreturned.  After two weeks of frustration, I decided to call until I received a response.  When I finally got a return call  I was met with resistance and immediately asked, “Are you an attorney?” to which I replied, no do have to be?  I informed the clerk that I was a pro-se litigant and wanted to set it for a hearing.  I knew to do this because of my experience working in several law offices.  The response, “you can’t do that.” My mind felt like it was about to explode and I quickly responded with “what do you mean I can’t do that?” the clerk informed me that because I represented myself they had to send a note up to the judge to ask what they wanted to do.  To me it was another delay in a process that had already taken far too long.

I quickly grew into a new understanding.  It was quite shocking to realize that regular citizens do not have the same access to the legal system as their attorney represented counterparts.  I thought to myself if this is happening to me, how many other people are facing the same challenges?  I decided to write the chief judge and let him know of the challenges I have been facing.  It turns out that he forwarded my E - mail to another judge who instructed the family law intake staff to set it for hearing.  Procedure at this point would state that they would call me and conference in my husband’s attorney and confirm a date with us.  However, because I was not represented they never called me.  They called my husband’s, counter attorney and gave him a date.  How did I find out?  My soon to be ex husband told my daughter that we had a hearing date.  I had completely been left out of the process.  It was my motion.  I should have been notified first.  I would have settled for being included in the process.  The day after finding out that a hearing had been set I received a call from the court eager to inform me that I had a hearing set.  As they started to fumble over their words, I stopped them.  I said let’s cut to the chase.  You are calling to tell me that I have a hearing.  They were surprised that I knew.  They asked how I knew.  I told them how I found out and that I was not pleased with the process.  I asked them why I was not called.  They admitted that they made a mistake and should have called me but someone dropped the ball.

I cannot help but wonder about the average person.  This process was difficult for me and I have knowledge to assist me.  Not everyone has my knowledge -- they have to rely on the courts and their staff to help them.  I’ve the impression that they don’t want to help.  Their only words are “you need an attorney.” As the saga continues, I have still not gotten my hearing.  The other side objected to the use of the magistrate.  The case was referred back up to the circuit court judge.

I called September 12th 2012 and was told once again that I cannot set it for hearing through the judicial assistant. I laughed at their ignorant, comment and called anyway. The judicial assistant was less than helpful. She told me that because the other side objected, they had to be the ones to call set it for hearing. I knew this was incorrect because it was my motion. I argued and argued. Then I realized there was no point in talking to people that do not have the ability to give me a yes answer. I told her I was going to e-mail the chief judge. Literally 5 minutes went by when she called me to tell me that she made a mistake and I could indeed set it for hearing. You would think I would be happy but I’m not. The hearing is scheduled for December. It’s an emergency hearing and I have a December date. Not sure how this is considered an emergency. When I asked why so late I was told that the judge did not instruct her to set it as an emergency. I replied, can we ask her? So she stated, no I cannot advocate on your behalf. Advocate? Really? She said, you’ll need to file the appropriate paperwork. Isn’t that what an emergency motion is? I took the date and I am going to get it changed. Will update when I know more.

Pro Se Survey Measures Access to the Legal System

The Florida Association of Legal Document Preparers stands for access to the legal system -- and stands up for pro se litigants. Meaningful legal access is fundamental to maintaining a free society.

JUST RELEASED -

PRLog (Press Release) - Sep 11, 2012 -
The Florida Association of Legal Document Preparers (FALDP) is conducting a series of surveys focusing on citizen access to the legal system. The first survey is targeted directly to citizens - pro se litigants - to quantify their efforts, barriers, and successes in pursuing their legal tasks on their own. The first survey in our series is on the Florida Association of Legal Document Preparers site at - Pro Se Survey.

The Florida Association of Legal Document preparers, founded in 2010 is dedicated to assisting Florida pro se litigants access their legal system. The association is primarily a trade group, that provides a center for training, networking, and support for Florida's *legal document preparers. In Florida, the title "legal document preparer" is used by nonlawyer practitioners who assist consumers in completing forms for filing in Florida courts.

FALDP offers members the opportunity for education and networking through its Annual Conference, coming up on September 22 & 23; ongoing webinars, and online courses. Members advertise on the association site, and receive referrals from consumers. Members are required to meet or exceed academic standards and required years of experience experience in order to join.

The following quote from Judge Mayfield's dissenting opinion in 1996 continues to apply:

"Lest the citizenry lose faith in the substance of the system and the procedures we use to administer it, we can ill afford to confront them with a government dominated by forms and mysterious rituals and then tell them they lose because they did not know how to play the game or should not have taken us at our word."

Moore v. Price, 914 S.W.2d 318, 323 (Ark. 1996),Mayfield, J., dissenting

*Members use the title "legal document preparer, because the Florida Bar prohibits legal document preparers from using the title "paralegal" unless working directly under the supervision of an attorney. Although some members also work for attorneys as contract paralegals, when offering services directly to consumers, they use the title - legal document preparer.