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Access to Courts Workgroup Report Preface

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Access to Courts Workgroup Report Preface Access to Courts Workgroup Report Preface To guide our work we have adopted the following definition of Access to Courts: Access to Courts is the ability to have your legal issue heard no matter who you are, where you live, and how much money you have, with the court making reasonable accommodations to reduce barriers. The Access to Courts Workgroup (Access Workgroup) has identified the following as the most pressing case processing concerns impacting access to courts by family law litigants: 1. Lack of consistency in application of existing formal processes, in part as a result of local rules and customs. 2. Lack of transparency regarding existing formal and informal processes, available supports, and sources of information. 3. Unmet needs of litigants with special requirements who need supports to effectively participate in the family law litigation process, including, but not limited to, self- represented litigants. The most effective means of addressing those concerns have been identified as: 1. Uniformity of process. 2. Simplification of process. 3. Transparency of process. The most effective measures to accomplish those means have been identified as: 1. Education of the judicial branch, attorneys, and the general public with regard to family law processes, available supports, and appropriate interactions. 2. Simplification of processes, including imposition of uniform practices where appropriate, respecting differing needs of urban and rural litigants. 3. Simplification and expansion of existing supports for litigants. 4. Systematic support, monitoring, and review of cases involving litigants with special requirements, including, but not limited to, self-represented litigants. Our report contains specific recommendations which have been divided into two categories: I Process improvements that have been adequately researched which the Workgroup believes merit current consideration and action by the Iowa Supreme Court for implementation in the immediate future. II. Process improvements that require additional research before making specific recommendation which the Workgroup believes merit future consideration and action by the Iowa Supreme Court, some of which represent a significant departure from existing policies and practices or require significant investment by the legislative or judicial branch. Access to Courts Workgroup Report Table of Contents and Summary Access to Courts is the ability to have your legal issue heard no matter who you are, where you live, and how much money you have, with the court making reasonable accommodations to reduce barriers. DIVISION I Process improvements that have been adequately researched which the Workgroup believes merit current consideration and action by the Iowa Supreme Court for implementation in the immediate future. The Access to Courts Workgroup (Access Workgroup) recommends: IA– Improve Transparency of Process The Iowa Supreme Court should require districts to provide local rules, standing orders, and mandated forms to a central repository and establish unified means of making information available to the bar and the general public. The districts should be required to provide the information within a set period of time. Districts that fail to comply should be prohibited from using the unreported local rules, standing orders, and mandated forms. The existing Judicial Branch website should be re-tooled to be more user-friendly in order to provide easier access to the information. In addition courthouse handouts and signage should be developed along with other distribution means as seem appropriate (PSA's and the like) be developed and implemented. IB – Educate the Judicial Branch Regarding Interaction with Self-Represented Litigants In order to reduce barriers for self-represented litigants, a master plan should be developed for continuing education that addresses interacting with self-represented litigants. That master plan should addresses content, target audience, and efficacy evaluation of the continuing education. The education should be directed toward the judiciary, the bar, and courthouse personnel who work with self-represented litigants including the clerks of court. The master plan would also include internal development and contracting for continuing education programs from third- party vendors and would include online and in-person elements. The educational program should be piloted and modified as necessary to meet the goals and modified before final roll-out. The plan should include on-going education elements. IC – Take Specific Steps to Create Means to Gather Statistics on Self-Representation and to Alert Court Committees of Self-Representation Concerns In order to determine the degree to which there are self-represented litigants in the family law system, adjustments should be made to EDMS to generate accurate statistics. In addition the Appendix A—Access to Courts 2 Child Support Guidelines Review Committee should be requested to consider simplified forms and instructions for preparing child support guideline worksheets in its next review. DIVISION II Process improvements that require additional research before recommendation which the Workgroup believes merit consideration and action by the Iowa Supreme Court in the future. The Access Workgroup Recommends: IIA – Simplify Forms Adoption of improvement and systemic maintenance of the forms for self-represented litigants as an intermediate-term goal. IIB – Simplify and Educate on Use of Unbundled Legal Services Adoption of investigation into means of support and improving use of unbundled legal services in family law cases by self-represented litigants as an intermediate-term goal. IIC1 - Standardize Circumstances When Use of EDMS Will Be Waived Adoption of establishing uniform guidelines for when e-filing will be waived and the manner in which default scenarios will be handled when there are self-represented litigants as an intermediate-term goal. IIC2 – Create Uniformity in Interactions Between Judicial Branch Personnel and Self- Represented Litigants Adoption of development and implementation of updated best practices for interaction between the judiciary and self-represented litigants as an intermediate-term goal. IIC3 – Create Uniformity in Interactions Between Judicial Branch Personnel and Self- Represented Litigants Adoption of development and implementation of updated guidelines for interaction between court personnel and self-represented litigants as an intermediate-term goal. IIC4 - Review the Interaction Between Unauthorized Practice of Law Rules and Goals Concerning Support of Self-Represented Litigants Appendix A—Access to Courts 3 Adoption of review of the rules of unauthorized practice of law to identify possible amendments to facilitate assistance to self-represented litigants by Clerks of Court, Court Administration, and other court employees as an intermediate-term goal. IID1 – Make Existing Information Readily Available Adoption of development and implementation of a simple Judicial Branch website page resource consisting of a flow chart of steps in family law case processing linked to internet forms and resources or similar tools (as dictated by further research and review) as an intermediate- term goal. IID2 – Increase Visibility of Iowa Judicial Branch Website Information Adoption of methodology improving the ability of search engines to identify the Iowa Judicial Branch website as a source for family law information and forms as an intermediate-term goal. IIE - Improve Public Awareness Adoption of development and implementation of a systematic and coordinated campaign to increase public awareness of the assistance available to families from the family court system and how to access that assistance as in intermediate-term goal. IIF - Improve Overview of Settlements and Defaults Involving Self-Represented Litigants Adoption of development and implementation of a specific process for court review and approval of self-represented litigant family law case settlements and defaults as in intermediate- term goal. IIG - Evaluate Family Law Case Processes in the Context of Urban and Rural Resources and Needs Adoption of review of the propriety of variations in processes and procedures (including use of local rules) which support the different needs of urban and rural settings as in intermediate-term goal. IIH - Expand Supports for Self-Represented Litigants Adoption of review of the existing supports for litigants with special requirements and options for providing additional support services as an intermediate-term goal. II_I - Expand Methods and Times of Hearings Appendix A—Access to Courts 4 Adoption of consideration of establishing rules which would permit parties to consent to having hearings conducted outside of normal business hours or to conduct hearings, or to provide testimony, by telephonic or electronic means, as an intermediate goal. IIJ - Train and Publicize About Family Law Forms Adoption of development and presentation of training sessions for the general public in how to use family law forms in concert with improved training for court staff on the boundaries of assistance and advertisement of available trainings as an intermediate goal. Adoption of use of public service announcements to advertise the training sessions; partnering with the ISBA to provide training videos and on-site trainings; and partnering with public libraries to provide access and information concerning forms and resources for self- represented litigants are further recommended to be adopted as elements
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