Category Archives: Supreme Court

What Do Courts Mean to Say When They Cite the Proposition That The Same Rules Apply to the Self-Represented and the Represented

All to often, appellate courts cite something for the proposition that self-represented litigants are held to the same rules as those with lawyers.  The problem with this obvious statement (which is even in its own terms untrue when the rules … Continue reading

Posted in Appellate Practice, Judicial Ethics, Supreme Court | 3 Comments

Supreme Court Decision on Teeth Whitening Regulation Has Interesting Implications for Bar Monopoly

Yesterday the US Supreme Court ruled in North Carolina Board of Dental Examiners v. Federal Trade Commission.  SCOTUS Analysis here.  Opinion here.  NYT here. The Times story: The Supreme Court on Wednesday ruled that a state dental board controlled by … Continue reading

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Posted in Anti-Trust, Non-Lawyer Practice, Supreme Court | 1 Comment

Interesting Juxtaposition: ABA President Supports NonLawyer Practice While Supreme Court Explores Potential Anti-Trust Violation by Dentist Self-Regulation

Its news on its own that ABA President William Hubbard appears to have endorsed nonlawyer practive: As OrgeonLive.com reported, at an ABA Young Lawyers Division meeting. . . Hubbard saluted the state of Washington, which was the first in the … Continue reading

Posted in Anti-Trust, Non-Lawyer Practice, Supreme Court | Comments Off on Interesting Juxtaposition: ABA President Supports NonLawyer Practice While Supreme Court Explores Potential Anti-Trust Violation by Dentist Self-Regulation

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

More On Impact of DC Events on Judicial Deference to Congress

Professor Tribe has pointed out to me, in response to my recent blog post about the possible impact of DC happenings on judicial deference to Congress, that: “. . . deference to Congress isn’t either good or bad in itself, … Continue reading

Posted in Access to Justice Generally, Budget Issues, Federal Courts, Supreme Court | Comments Off on More On Impact of DC Events on Judicial Deference to Congress

Interesting Simplifiation/Right to Counsel Argument from Justice Sotamayor in Immigration Case

Yesterdays immigration opinion, MONCRIEFFE v. HOLDER, from the Supreme Court, holding possession of small amounts of marijuana outside the definition of “aggravated felony” ineligible for discretionary relief from deportation, contains an interesting nugget for possible citation in simplification and right … Continue reading

Posted in Access to Counsel, Immigration, Simplification, Supreme Court | Comments Off on Interesting Simplifiation/Right to Counsel Argument from Justice Sotamayor in Immigration Case

Thoughts After the Gideon Fifty Year Anniversay Gathering at DOJ

I was privileged to be invited to be at the gathering yesterday at the Dept of Justice to mark the 50th anniversay of Gideon v. Wainright.  The gathering was organized by the Access to Justice Initiative of DOJ.  Among those … Continue reading

Posted in Access to Justice Generally, Criminal Law, Defender Programs, Dept. of Justice, Supreme Court | Comments Off on Thoughts After the Gideon Fifty Year Anniversay Gathering at DOJ

Troubling Post Turner Decision from the Wyoming Supreme Court

In State Dept. of Family Services v. Currier, 2013 WY 16, the Wyoming Supreme Court rejected the claim that the risk of incarceration required appointment of counsel in civil contempt child support cases in which the relief was sought by … Continue reading

Posted in Access to Counsel, Supreme Court | 2 Comments

Turner Lives

An Ohio intermediate appellate court of appeals case, Crain v. Crain, 2012-Ohio-6180http://www.supremecourt.ohio.gov/rod/docs/pdf/2/2012/2012-ohio-6180.pdf correctly reads Turner v. Rogers, and reverses a contempt judgement in which counsel was denied. The defendant had been found in civil contempt for failure to make child … Continue reading

Posted in Access to Counsel, Child Support, Supreme Court, Triage | Comments Off on Turner Lives

A Big Step for Pro Se Forms — Supreme Court Access to Justice

As reported by the ABA Journal and the AP (in Seattle Times here), on Tuesday, the Supreme Court granted cert in two self-represented cases.  And, as the ABA Journal detailed “One was written in longhand, in pencil, by an inmate … Continue reading

Posted in Forms, Self-Help Services, Supreme Court | Comments Off on A Big Step for Pro Se Forms — Supreme Court Access to Justice

Video of Turner v. Rogers Anniversary Symposium Now Online

The video of the June 20 OSCE/DOJ Turner Symposium is now online.  Here is part of the description from the invite:  [S]peakers include George Sheldon, Acting Assistant Secretary Administration for Children and Families; Vicki Turetsky, OCSE Commissioner; Daniel Olmos, Department … Continue reading

Posted in Child Support, Meetings, Supreme Court | Comments Off on Video of Turner v. Rogers Anniversary Symposium Now Online

Judicature Article on Broad Strategic Impact of Turner v. Rogers

I am proud that Judicature has just published my new article on Turner v. Rogers:  The Implications for Access to Justice Strategies. The article is aimed at courts, the bar, legal aid programs, and access to justice Commissions, with the … Continue reading

Posted in Access to Justice Boards, Supreme Court, Systematic Change | 2 Comments

More on the Turner v. Rogers Anniversary Forum — DC In Person and Streaming Seats Available

Here is the text of the invite from HHS to the 2 PM Eastern, Wed June 20th session, to be held at Hubert H. Humphrey Building, 1st Floor Auditorium, 200 Independence Avenue, S.W. Washington, DC 20201: You are invited to … Continue reading

Posted in Meetings, Self-Help Services, Simplification, Supreme Court, Systematic Change | Tagged , , | 1 Comment

Supreme Court Narrows Meaning of “Interpreting” in Cost Shifting Statute

As Claudia Johnston points out in a Comment, the Supreme Court has (6-3) come up with a narrow definition of “interpreting” in a cost shifting statute, excluding translation of documents.  The decision, TANIGUCHI v. KAN PACIFIC SAIPAN, LTD, is here. … Continue reading

Posted in LEP, Supreme Court | 1 Comment

Mediation and the Self-Represented — Towards a New Paradigm

The mediation world seems to be starting seriously to engage the issue of self-represented litigants. Indeed, last week at the ABA Conference of the Section on Dispute Resolution, I was on a panel on the subject with Heather Scheiwe Kulp, … Continue reading

Posted in Judicial Ethics, Mediation, Supreme Court | 5 Comments