Number of Attorneys for People in Poverty

Lawyers are expensive. Even for those who are comfortably middle class, the cost of a lawsuit can cause serious hardship. For people of more modest means, paid counsel is simply out of reach for matters as important as evictions, mortgage foreclosures, child custody and child support proceedings, and debt collection cases. Nor is there a right to counsel in most categories of civil legal matters.

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Benchmarks: Weights and Trends

Number Question Index Weight Issues Number of "Yes" States Sort descending
31 Collect data on how often counsel is appointed in any categories of civil cases in which the state provides discretion to a decisionmaker to decide whether to appoint counsel? 1 Right to Counsel Data 0
32 Require the appointment of counsel at public expense for indigent parties in any type of housing proceeding (e.g., eviction, foreclosure, discrimination, etc.)? 10 Civil Right to Counsel 0
12 Designate a court employee responsible for encouraging judges to use plain English when communicating with self-represented litigants? 1 Plain Language 1
27.7 Maintain a computer-based document assembly self-help program to assist litigants defending mortgage foreclosure actions? 1 Document Assembly 1
27.5 Maintain a computer-based document assembly self-help program to assist litigants defending actions for debt collection? 1 Document Assembly 4
10 Require court written materials intended for the public to be a) in plain English, or b) at a designated reading level? 5 Plain Language 6
25.7 List on a single page on the state judiciary website all supporting materials necessary for a court to consider the merits of a defendant's response to a mortgage foreclosure action? 1 Court Materials on Website 7
30 Collect data on the quality of representation provided by attorneys who are appointed pursuant to a statewide right to counsel? 1 Right to Counsel Data 7
13 Publish a style guide that provides guidance on how to draft forms and instructions in plain English? 5 Plain Language 8
26.6 Require that all courts in the state accept common statewide court form(s) from defendants in mortgage foreclosure actions? 1 Require Common Forms 8
29 Collect data on how often counsel is appointed in any categories of civil cases in which there is a statewide right to counsel? 1 Right to Counsel Data 8
7 Hold a training event in the past 12 months for judges that included consideration of how to work with litigants when unbundled legal services are being provided? 1 Unbundling 9
9 Count in the past 12 months the number of disposed cases in which one or more parties was self-represented, as recommended by the National Center for State Courts? 5 Self-Help Centers 9
24.7 List on a single page of the state judiciary website all court forms necessary to fulfill the minimum filing obligations for a defendant in a mortgage foreclosure action to both prevent a default and to assert defenses? 1 Court Forms on Website 9
27.6 Maintain a computer-based document assembly self-help program to assist litigants defending eviction actions? 1 Document Assembly 11
15 Hold a training event in the past 12 months for court staff (other than judges) that included training on how best to communicate with people in plain English? 1 Plain Language 12
19 Encourage or require court staff to explain to litigants that civil filing fees may be waived if the person meets a designated financial eligibility standard? 5 Waiver of Filing Fees 12
26.4 Require that all courts in the state accept common statewide court form(s) from defendants in actions for debt collection? 1 Require Common Forms 12
26.5 Require that all courts in the state accept common statewide court form(s) from defendants in eviction actions? 1 Require Common Forms 12
27.3 Maintain a computer-based document assembly self-help program to assist litigants in actions seeking modification or a child support order? 1 Document Assembly 12
27.2 Maintain a computer-based document assembly self-help program to assist litigants in actions seeking an uncontested divorce for a couple with children? 1 Document Assembly 13
27.4 Maintain a computer-based document assembly self-help program to assist litigants in actions seeking an order of protection? 1 Document Assembly 13
25.5 List on a single page on the state judiciary website all supporting materials necessary for a court to consider the merits of a defendant's response to a collection action? 1 Court Materials on Website 15
24.5 List on a single page of the state judiciary website all court forms necessary to fulfill the minimum filing obligations for a defendant in a debt collection action to both prevent a default and to assert defenses? 1 Court Forms on Website 16
14 Hold a training event in the past 12 months for judges that included training on how best to communicate with people in plain English? 1 Plain Language 17
16 Require that electronic filing systems be accessible to self-represented litigants? 1 18
25.6 List on a single page on the state judiciary website all supporting materials necessary for a court to consider the merits of a request for a defendant's response to an eviction action? 1 Court Materials on Website 18
27.1 Maintain a computer-based document assembly self-help program to assist litigants in actions seeking an uncontested divorce for a couple without children? 1 Document Assembly 18
8 Fund a court-based self-help center in the past 12 months to help self-represented litigants? 5 Self-Help Centers 20
11 Authorize or encourage judges to use plain English when communicating orally with self-represented litigants? 10 Plain Language 20
24.6 List on a single page of the state judiciary website all court forms necessary to fulfill the minimum filing obligations for a defendant in an eviction action brought by a landlord to both prevent a default and to assert defenses? 1 Court Forms on Website 22
2 Authorize or encourage judges to take specified steps (for example, by providing information to the litigant about evidentiary requirements) to ensure that self-represented litigants are fairly heard? 10 Neutral & Engaged Judging 23
18 Provide a simple method for allowing a presumption that a litigant meets the financial eligibility standards for obtaining a civil filing fee waiver (e.g., presentation of a Medicaid card or representation by an LSC-funded program)? 5 Waiver of Filing Fees 26
5 Hold an education program in the past 12 months for court staff (other than judges) that included training on how to ensure that self-represented litigants are fairly heard? 1 Neutral & Engaged Judging 27
26.1 Require that all courts in the state accept common statewide court form(s) in uncontested divorce actions? 1 Require Common Forms 28
26.2 Require that all courts in the state accept common statewide court form(s) in actions to obtain modification of a child support order? 1 Require Common Forms 28
22 Provide funding in the past 10 years required to be used to improve the availability and quality of self-help forms for self-represented litigants? 1 Court Forms 29
3 Hold a judicial education program in the past 12 months that included training on how to ensure that self-represented litigants are fairly heard? 1 Neutral & Engaged Judging 30
4 Authorize or encourage court staff (other than judges) to take specified steps to assist self-represented litigants? 5 Neutral & Engaged Judging 32
1 Dedicate a court employee or court office to design and advance initiatives to enhance access to courts for self-represented litigants? 10 Dedicate a Court Employee 34
20 Describe on the state judiciary website that civil filing fees may be waived if a person meets a designated financial eligibility standard? 10 Waiver of Filing Fees 34
25.2 List on a single page on the state judiciary website all supporting materials necessary for a court to consider the merits of a petition by a couple with children seeking to obtain an uncontested divorce? 1 Court Materials on Website 34
25.3 List on a single page on the state judiciary website all supporting materials necessary for a court to consider the merits of a petition for modification of a child support order? 1 Court Materials on Website 35
25.4 List on a single page on the state judiciary website all supporting materials necessary for a court to consider the merits of a request for an order of protection from domestic violence? 1 Court Materials on Website 35
25.1 List on a single page on the state judiciary website all supporting materials necessary for a court to consider the merits of a petition by a couple without children seeking to obtain an uncontested divorce? 1 Court Materials on Website 36
26.3 Require that all courts in the state accept common statewide court form(s) in actions seeking an order of protection? 1 Require Common Forms 36
24.2 List on a single page of the state judiciary website all court forms necessary to fulfill the minimum filing obligations for a couple with children to obtain an uncontested divorce? 1 Court Forms on Website 39
28 Maintain an ABA-recognized Access to Justice (ATJ) Commission or other ATJ entity? 10 AtJ Commission 40
24.1 List on a single page of the state judiciary website all court forms necessary to fulfill the minimum filing obligations for a couple without children to obtain an uncontested divorce? 1 Court Forms on Website 42
24.3 List on a single page of the state judiciary website all court forms necessary to fulfill the minimum filing obligations for a petitioner to obtain a modification of a child support order? 1 Court Forms on Website 42
24.4 List on a single page of the state judiciary website all court forms necessary to fulfill the minimum filing obligations for a domestic violence victim to obtain an order of protection? 1 Court Forms on Website 42
21 Conduct an initiative in the past 10 years to improve the availability and quality of self-help forms for self-represented litigants? 1 Court Forms 43
33 Require the appointment of counsel at public expense to indigent accused parents in abuse/neglect/dependency proceedings where the state seeks to remove the child? 10 Civil Right to Counsel 43
6 Authorize lawyers to perform discrete tasks for parties without first obtaining judicial permission and without incurring an obligation to continue representation that requires judicial permission to withdraw? 10 Unbundling 44
23 Maintain on the state judiciary website a single, easily located page that permits self-represented litigants to identify forms applicable to issues they are facing? 5 Court Forms 48
17 Permit courts to grant a waiver of civil filing fees for people who meet a designated financial eligibility standard (aka ‚ in forma pauperis standard)? 1 Waiver of Filing Fees 52

Benchmarks by State