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Opinions are personal, and only those of the authors themselves. This blog is for informational purposes only and does not provide legal advice. Copyright reserved 2010-2016.ABA Journal Honoree 2017

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Category Archives: Judicial Ethics
An Argument as to Why Courts Should Not Require Self-Represented Litigants to Draw Up Orders for Judges to Sign
I have long found it utterly incomprehensible that many courts still require litigants to draw up their own draft orders for the judge then to sign — and they then sometimes blame the litigants for not getting their cases to … Continue reading
Posted in Court Management, Judicial Ethics, Plain Language
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Judge Orders Self-Represented Litigant To Be Given Electric Shock
This blog tries to avoid sensational horror stories about the courts, but this one is sui generis. From the Washington Post. Delvon L. King was acting as his own attorney in a gun-possession case when Charles County Circuit Court Judge … Continue reading
Posted in Judicial Ethics
3 Comments
Thoughts on Engaged Neutrality Triggered by Supreme Court Apparant “Gotcha” Question
It’s every appellate advocate’s nightmare, an apparently “gotcha” question that you have not anticipated or prepared an answer for, and it happened on Wednesday at the Supreme Court. As the Times reports it, in a case dealing with the relative … Continue reading
Posted in Judicial Ethics, Supreme Court
2 Comments
Critically Important Speech by NY CJ Lippman on “The Judiciary as the Leader of the Access to Justice Revolution”
On Tuesday, Chief Judge Jonathan Lippman delivered a very important speech. While the whole speech is very valuable, two particular aspects stand out for me. The first is the the very strong language, and examples, reflecting the speech title The … Continue reading
DOJ Day Highlights Integration of ATJ and LEP Approaches
On Friday at the Department of Justice, the Civil Rights Division launched its Language Access Planning and Technical Assistance Tool. While the tool itself, introduced with great skill by Deeana Jang, Chief, Federal Coordination and Compliance Section,Civil Rights Division, is … Continue reading
Massachusetts Supreme Judicial Court Formally Asks for Comments on Proposed Rule To Include ATJ on Bar Exam
The Massachusetts Supreme Judicial Court (the state’s top court) is formally asking for comment on a proposed rule change that would put access to justice issues on the bar exam. The proposed rule is written in such a way that … Continue reading
New York Times Editorializes in Support of Court Navigators
Hopefully today’s editorial will help spread the word nationally about the court navigators and other innovations proposed by CJ Lippman. New York State’s chief judge, Jonathan Lippman, is making some innovative changes to the education and training of lawyers as … Continue reading
Posted in Access to Justice Generally, Judicial Ethics, Law Schools
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New York Chief Judge Lippman Announces Court Navigator Program in State of Judiciary
This could be a very important milestone in the development of access to justice. Building on practice in other common law countries, Chief Judge Jonathan Lippman to today announced in his 2014 New York State of the Judiciary speech, the … Continue reading
Posted in Judicial Ethics, Law Schools, Non-Lawyer Practice
4 Comments
Webinar on Judicial Education for Self-Represented Cases
On Thursday Jan 16th, at 2 PM Eastern, there will be a webinar on judicial education on self-represented cases. The registration/login is here. As described by NCSC Center on Court Access to Justice for All (I am a consultant and … Continue reading
Posted in Judicial Ethics
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Judge Kevin Burke to Present Important Webinar on Procedural Fairness
As you know, much of our work on access, including particularly our judicial ethics work, is predicated on the research into public perceptions of procedural fairness. Judge Burke has long been a leader in analyzing and presenting the implications of … Continue reading
Posted in Judicial Ethics
3 Comments
Can the Self-Represented Collect For Time When Required by Opposing Attorney — Canada Moves
Julie Macfarlane has a fascinating blog on the emerging jurisprudence in Canada dealing with the award of costs when time is required by an opposing attorney’s wrongful activities. As I understand it, this is analogous to the US Rule 11 sanctions. … Continue reading
Posted in Attorney-Client, Court Fees and Costs, Judicial Ethics
5 Comments
Long-Term Impact of Fillubuster Dsipute and Rule Change on the Judicary
Without in any way using this space to venture an opinion on the merits of today’s filibuster rules change, it might be worth noting that the long term effect of recent filibuster practce and the changed rule is that we … Continue reading
Posted in Judicial Ethics
1 Comment
More on the “Until Gideon” Symposium at Fordham
At the Symposium, Earl Johnston presented on the concept of Civil Gideon, and I was one of the two responders. As part of this presentation (and by e-mail before the meeting) he had presented some questions that he suggested would … Continue reading
Posted in Access to Counsel, Judicial Ethics, Self-Help Services, Simplification, Triage
Tagged legal principles
2 Comments
Maybe Judges Should Assign Literary Reading to Litigants — and to Themselves
A great article today online in the NYT Mind blog on the impact of reading literary fiction. Reading Chekhov for a few minutes makes you better at decoding what other people are feeling. But spending the same amount of time … Continue reading
Posted in Judicial Ethics, Research and Evalation
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