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4 - Dignity in the Courtroom

Judges and Self-Represented Litigants

from II - What Legal Design Can Do

Published online by Cambridge University Press:  19 December 2024

By
Jennifer Leitch
Edited by
Miso Kim ,
Dan Jackson  and
Jules Rochielle Sievert
Miso Kim
Affiliation:
Northeastern University, Boston
Dan Jackson
Affiliation:
Northeastern University, Boston
Jules Rochielle Sievert
Affiliation:
Northeastern University, Boston
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Summary

This chapter will examine ideas of dignity in the context of proceedings in the Canadian civil justice system with a focus on the role judges can and do play in furthering or degrading notions of dignity in the courtroom. It details the rise of no representation in civil courts and the challenge and trauma that individuals experience throughout the de-dignifying process. It then offers some thoughts on dignity as a concept within the world of self-representation, before detailing the role of the judge in these cases, and the impact different judicial approaches have on litigants without lawyers. It closes by offering proposed reforms to procedures, administration, and the adjudicator’s role that would enhance the dignity of people moving through court systems without the help of a lawyer.

Keywords

access to justiceself-represented litigantsactive adjudicationmeaningful participation
Type
Chapter
Information
Legal Design
Dignifying People in Legal Systems
 , pp. 61 - 73
Publisher: Cambridge University Press
Print publication year: 2024

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References

Brooks, Neil. 2010. “The Judge and the Adversary System.” In The Civil Litigation Process, edited by Walker, Janet, 89–119. Toronto, ON: Emond Montgomery Publications.Google Scholar
Carpenter, Anna E. 2017. “Active Judging and Access to Justice.” (unpublished manuscript, February 3, 2017).CrossRefGoogle Scholar
Cohen, Lynne. 2001. "Unrepresented Litigants." As cited in MacFarlane, Julie. 2003. "The NSRLP: Identifying & Meeting the Needs of SRL Final Report." https://scholar.uwindsor.ca/lawnsrlppubs/22.Google Scholar
Felstiner, William LF, Abel, Richard L., and Sarat, Austin. 1981. “The Emergence and Transformation of Disputes - Naming, Blaming, Claiming.” Law & Society Review 15, no. 3–4: 631–54. https://doi.org/10.2307/3053505.CrossRefGoogle Scholar
Flaherty, Michelle. 2015. “Self-Represented Litigants, Active Adjudication and the Perception of Bias: Issues in Administrative Law.” Dalhousie Law Journal 38, no. 1 (March): 120–46. Social Science Research Network (SSRN).Google Scholar
Fuller, Lon L. 1965. “A Reply to Professors Cohen and Dworkin.” Villanova Law Review 10, no. 5 (Summer): 655–66.Google Scholar
Greiner, David J., Jimenez, Dalie, and Lupica, Lois. 2017. “Self-Help, Reimagined.” Indiana Law Journal 92, no. 3 (Summer): 1119–73.Google Scholar
Judicial Council of California. 2004. “Statewide Action Plan for Serving Self-Represented Litigants.” www.courts.ca.gov/documents/selfreplitsrept.pdf.Google Scholar
Kim, Miso. 2021. “A Study of Dignity as a Principle of Service Design.” International Journal of Design 15, no. 3 (December): 87–100.Google Scholar
Leitch, Jennifer. 2016. “Having a Say: Democracy, Access to Justice and Self-Represented Litigants.” Ph.D. diss., Osgoode Hall Law School of York University.Google Scholar
Leitch, Jennifer. 2017a. “Coming off the Bench: Self-Represented Litigants, Judges and the Adversarial Process.” The Advocate’s Quarterly 47 (April): 309–43.Google Scholar
Leitch, Jennifer. 2017b. “Lawyers and Self-Represented Litigants: An Ethical Change of Role?” Canadian Bar Review 95, no. 3: 669–705.Google Scholar
Luban, David. 2010. “The Rule of Law and Human Dignity: Re-examining Fuller’s Canons.” Hague Journal on the Rule of Law 2, no. 1 (May): 29–47. https://doi.org/10.1017/S1876404510100025.CrossRefGoogle Scholar
Macfarlane, Julie. 2013. “The National Self-Represented Litigants Project: Identifying and Meeting the Needs of Self-Represented Litigants.” National Self-Represented Litigants Project. www.lsuc.on.ca/uploadedFiles/For_the_Public/About_the_Law_Society/Convocation_Decisions/2014/Self-represented_project.pdf.Google Scholar
Macfarlane, Julie, Trask, Katrina, and Chesney, Erin. 2015. “The Use of Summary Judgment Procedures against Self-Represented Litigants: Efficient Case Management or Denial of Access to Justice?” National Self-Represented Litigants Project. https://representingyourselfcanada.com/nsrlp-research/page/2/.Google Scholar
National Center for State Courts and State Justice Institute. 2015. The Landscape of Civil Litigation in State Courts. Williamsburg, VA: National Center for State Courts. www.ncsc.org/~/media/Files/PDF/Research/CivilJusticeReport-2015.ashx.Google Scholar
Rhode, Deborah L. 2009. “Whatever Happened to Access to Justice?” Loyola of Los Angeles Law Review 42, no. 4 (June): 869–911.Google Scholar
Rosen-Zvi, Issachar, and Fisher, Talia. 2013. “Overcoming Procedural Boundaries.” Virginia Law Review 94, no. 1 (March): 79–155. JSTOR.Google Scholar
Rowden, Emma, and Jones, Diane. 2018. “Design, Dignity and Due Process: The Construction of the Coffs Harbour Courthouse.” Law, Culture and the Humanities 14, no. 2 (June): 317–36. https://doi.org/10.1177/1743872115612954.CrossRefGoogle Scholar
Sabbeth, Kathryn. 2015. “The Prioritization of Criminal and Civil Cases and the Discounted Danger of Private Power.” Florida State University Law Review 42, no. 4 (December): 889–936. Social Science Research Network (SSRN).Google Scholar
Sangiorgi, Daniela, and Clark, Brendon. 2004. “Toward a Participatory Design Approach to Service Design.” In Proceedings of the Eighth Conference on Participatory Design, 148–51. Toronto, ON: ACM Press.Google Scholar
Steinberg, Jessica K. 2015. “Demand Side Reform in the Poor People’s Court.” Connecticut Law Review 47, no. 3 (February): 741–805.Google Scholar
Sullivan, Charlotte, and Macfarlane, Julie. 2021. “Tracking the Trends of the Self-Represented Litigant Phenomenon: Data from the National Self-Represented Litigants Project, 2019-2021.” National Self-Represented Litigants Project. https://representingyourselfcanada.com/nsrlp-research/.Google Scholar
Superior Court of Justice. 2019. “Practice Advisory Concerning the Provincial Civil Case Management – One Judge Model.” Superior Court of Justice, February 1. www.ontariocourts.ca/scj/practice/civil-case-management-pilot.Google Scholar
Tyler, Tom R. 1988. “What Is Procedural Justice? Criteria Used by Citizens to Assess the Fairness of Legal Procedures.” Law & Society Review 22, no 1: 103–35. https://doi.org/10.2307/3053563.CrossRefGoogle Scholar
United Nations. 2008. “Making the Law Work for Everyone: Report of the Commission on Legal Empowerment of the Poor.” https://ycsg.yale.edu/sites/default/files/files/making_the_law_work.pdf.Google Scholar
Zorza, Richard. 2002. The Self-Help Friendly Court: Designed from the Ground Up to Work for People Without Lawyers. Williamsburg, VA: National Center for State Courts. www.srln.org/system/files/atachments/Zorza%20SRL%20Friendly%20Court.pdf.Google Scholar

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