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.
State Scores and Rankings
Benchmarks: Weights and Trends
| Number Sort descending | Question | Index Weight | Issues | Number of "Yes" States |
|---|---|---|---|---|
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 8 | Fund a court-based self-help center in the past 12 months to help self-represented litigants? | 5 | Self-Help Centers | 20 |
| 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 |
| 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 |
| 11 | Authorize or encourage judges to use plain English when communicating orally with self-represented litigants? | 10 | Plain Language | 20 |
| 12 | Designate a court employee responsible for encouraging judges to use plain English when communicating with self-represented litigants? | 1 | Plain Language | 1 |
| 13 | Publish a style guide that provides guidance on how to draft forms and instructions in plain English? | 5 | Plain Language | 8 |
| 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 |
| 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 |
| 16 | Require that electronic filing systems be accessible to self-represented litigants? | 1 | 18 | |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 24.2 | 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 25.5 | 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 27.3 | 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 |
| 27.4 | Maintain a computer-based document assembly self-help program to assist litigants in actions seeking an order of protection? | 1 | Document Assembly | 13 |
| 27.5 | Maintain a computer-based document assembly self-help program to assist litigants defending actions for debt collection? | 1 | Document Assembly | 4 |
| 27.6 | Maintain a computer-based document assembly self-help program to assist litigants defending eviction actions? | 1 | Document Assembly | 11 |
| 27.7 | Maintain a computer-based document assembly self-help program to assist litigants defending mortgage foreclosure actions? | 1 | Document Assembly | 1 |
| 28 | Maintain an ABA-recognized Access to Justice (ATJ) Commission or other ATJ entity? | 10 | AtJ Commission | 40 |
| 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 |
| 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 |
| 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 |
| 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 |