Model Self-Help Centers Pilot Program

Project Background

California courts are facing an ever-increasing number of litigants who go to court without legal counsel, largely because they cannot afford representation. These self-represented litigants are not familiar with court procedures and forms, nor with their rights, which leaves them disadvantaged in court and consumes a significant amount of court resources. As part of an effort to meet its goal of increasing access to the courts, the Judicial Council has provided funding for projects that will address the needs of self-represented litigants.

The 2001 State Budget Act provided funding totaling $832,000 to begin five pilot self-help centers ("Centers") which would provide various forms of assistance, such as basic legal and procedural information, help with filling out forms, and referrals to other community resources, to self-represented litigants. This project is aimed at determining the effectiveness of court-based self-help programs and providing information to the legislature on future funding needs. The Judicial Council selected one of each of the five (5) following models for funding beginning May 2002. These five (5) programs will provide models for replication in other counties in addition to translated materials and technological solutions.

Evaluation of Model Self-Help Centers Pilot Programs

Regional model: Superior Court of California, County of Butte

Goals of the model: This is a regional program that is intended to serve at least two (2) smaller counties. This model will explore how counties that may not be able to afford a full-time attorney at a self-help center can share resources effectively with other counties. What agreements are necessary? What special challenges exist, and what can be done to overcome them?

Butte County's program: Butte County Superior Court is partnering with Glenn and Tehama counties to provide assistance to self-represented litigants in the areas of small claims, unlawful detainer, eviction, fair housing, employment, SSI, enforcement of judgments, guardianships, name changes, family law issues not addressed by the Family Law Facilitator, bankruptcy, criminal appeals, Marsden-Public Defender substitutions, probate, general civil procedures, tax, tenant housing, and senior law issues. An attorney coordinator will conduct workshops and clinics through the use of real-time videoconferencing, enabling self-represented litigants in three counties to receive assistance simultaneously.

Urban collaboration model: Superior Court of California, County of Los Angeles

Goals of the model: This is a program intended to coordinate self-help centers in a large jurisdiction. In some jurisdictions a number of self-help centers operate in or near the court, often with limited communication or sharing of resources. This is likely to lead to duplication of efforts and confusion for litigants. The urban collaboration model seeks to coordinate resources and provide a more seamless service delivery system for litigants.

Los Angeles County's program: Los Angeles County Superior Court's program creates a centralized Self-Help Management Center that will develop partnerships with the court, the local bar, local schools, and local social service organizations; coordinate self-help activities on a county-wide basis; and standardize self-help intake procedures and protocols throughout the county. Services rendered by the center include the provision of informational materials about the court and its proceedings and procedures; instructions on how to complete forms; and the provision of reference materials regarding legal service providers, social service agencies, and government agencies, as well as other educational material. Clients can attend workshops or receive one-on-one assistance.

Technology model: Superior Court of California, County of Contra Costa

Goals of the model: This is a program intended to emphasize the use of technology in providing services. As the number of self-represented litigants increases, technological solutions are being explored for completion of forms, provision of information, meeting with litigants at a distance, and other needed services. This model will utilize and evaluate the effectiveness of at least two (2) methods of utilizing technology to provide services.

Contra Costa County's program: Contra Costa Superior Court will combine and deliver expert information and assistance via the Internet, computer applications, and real-time videoconference workshops to create a Virtual Self-Help Law Center for self-represented litigants with dissolution, child custody and visitation, domestic violence, civil, and guardianship cases. Virtual Self-Help Law Center resources will help parties navigate the court process; complete, file, and serve court forms; handle their court hearings; understand and comply with court orders; and conduct certain mediations at a distance.

Spanish-speaking model: Superior Court of California, County of Fresno

Goals of the model: The large number of Spanish-speaking litigants in California presents special challenges for self-help programs. This model will seek to provide cost-effective and efficient services for a primarily Spanish-speaking population while exploring techniques for educating litigants about the legal issues and procedures in their cases.

Fresno County's program: The Spanish Self-Help Education and Information Center developed by Fresno County Superior Court will serve self-represented litigants in the areas of guardianship, unlawful detainer, civil harassment, and family law. The center will provide daily access to Spanish language self-help instructions, establish a volunteer interpreter bureau, provide a Spanish-speaking Court Examiner to review court documents, and sponsor clinics with rotating "how-to" lectures for the areas of law specified above.

Multilingual model: Superior Court of California, County of San Francisco

Goals of the model: California has a diverse population with a large group of immigrants and litigants who speak many different languages and have significantly different experiences. This model will seek to provide self-help services to litigants who speak a wide variety of languages and develop materials and techniques to address the needs of a multilingual, multicultural population.

San Francisco County's program: San Francisco Superior Court's program establishes a Multi-Lingual Court Access Service Project which will assist self-represented litigants in family law, dependency mediation, probate, small claims, civil harassment, child support, and other general civil cases. The center will create formal partnerships with community-based organizations that provide services to ethnic populations and those that address legal issues for self-represented litigants. A bilingual attorney will works with clients to ensure adequate services for them within the court and provide referrals to appropriate community and legal agencies. Additional services include the translation of court materials, the development of a multi-lingual computerized self-help directory, and recruitment and coordination of multi-lingual interpreters.

Objectives of the Evaluation

The primary goal of the research is to measure the overall effectiveness of the Centers in several arenas. The Centers may address several or all of the following outcomes.

• Increased understanding of, and compliance with, the terms of court orders
  Self-represented litigants, lacking an attorney to explain the system to them, often misunderstand orders made by the court. Self-help centers are expected to better educate self-represented litigants about the legal system and legal procedures so they will be more likely to understand the court orders and the consequences for noncompliance. They will also be more likely to feel the court has been fair in its decision, leading them to take more responsibility in following its orders.
• Increased access to justice
  Much of the target population is unable to penetrate the court system due to geographic/transportation and language barriers, financial constraints, and a lack of knowledge and resources. As a result, many people who want to bring their cases to court simply cannot, and others may not even be aware that they have legal recourse. The self-help centers seek to bridge these gaps so that self-represented litigants will be better able to navigate and make proper use of the court system.
• Increased likelihood of "just" outcomes in cases involving self-represented litigants
  Many self-represented litigants come to court ill-prepared and do not know how to properly present their cases. As a result, the court may lack information or have inaccurate information upon which to base its rulings. In turn, litigants may not get the outcome they were seeking and end up feeling that the system is unfair. Self-help centers will educate users so that they can present their best case and feel that their voice has been heard.
• Increased user satisfaction with the court process
  When self-represented litigants have improved access to the assistance they need, learn how to navigate the court system, and are better prepared to present their cases, the system can respond more appropriately to their needs and they will be more satisfied with their experiences.
• Increased efficiency and effectiveness of the court system
  Self-represented litigants often come to court with forms that are improperly filled out, or with the wrong forms altogether. They are uninformed about court procedures and have to ask courts clerks for assistance that should have been solicited prior to court appearance. These types of issues slow down court proceedings and may even cause the matter to be continued. Self-help centers will provide assistance in filling out forms and educate self-represented litigants on procedures so they are better prepared to handle their matters and so their cases will move more smoothly through the system.
• Increased education for court users so that their expectations are reasonable in light of the law and facts
  Self-help centers will educate clients on the court system, legal terms, procedures, and their rights and responsibilities. When the mystery is removed from the process, self-represented litigants will have a more realistic view of the merits of their case and potential recourse.

Secondary goals of the research include developing a profile of Center users and determining which services and delivery methods are most helpful/effective.

Though the evaluation is largely intended to measure the impact of the Centers, the fact that these are innovative pilot programs requires that some process evaluation elements be incorporated into the research. This primarily comprises documenting the development of the Centers and tracking changes that might affect outcomes over time; describing program operations, including how the Centers are set up and how services are delivered; and assessing the outreach efforts and visibility of the Centers. Additionally, a key objective of the project is to provide models for replication across the state, so the documentation should be sufficiently detailed to permit replication of the programs in other counties.

Please contact CFCC@jud.ca.gov for more information.