1. Judicial Techniques in Self Represented Litigant Cases Hon Laurie Zelon, California Court of Appeals Hon Daniel Mabley, Hennepin County (Minn.) District Court

2. Introductions

3. Outline The Overall Perspective Suggested Courtroom Practices
Problems and Situations
General Discussion and Questions
The Long Term Implications

4. Part One: The Overall Perspective
The Problem
The Judicial Role
The Issues and How to Think About Them

5. A Slightly Theoretical Approach: Judicial Neutrality, the Disengagement Misperception and Its Consequences
Engagement = Non-Neutrality and
Passivity = Neutrality
Fears, Anxieties, and Aloofness

6. An Alternative Perception
Two Different Dimensions
Neutrality/Non-Neutrality
Engagement/Passivity

7. Implications

8. A Pragmatic Perspective on Judicial Engagement
To avoid unjust results.
To avoid wasting time.
To meet customer’s reasonable expectations.
To address the manner in which customer’s assess judicial neutrality.

9. Proposal by ABA Joint Commission for Change in Comment to Canon on Judicial Neutrality
Rule Impartiality* and Fairness
A judge shall uphold the law and shall decide all cases with impartiality and fairness.
Comment:
[3] To ensure impartiality and fairness to all parties, a judge must be objective and open-minded, and must not show favoritism to anyone. It is not a violation of this Rule, however, for a judge to make reasonable accommodations to ensure pro se litigants the opportunity to have their matters fairly heard.

10. Part Two: Suggested Courtroom Practices

11. Suggested Courtroom Practices. (1) Judicial Demeanor
The 2 basic elements:
Transparency
Courtesy and respect

12. Suggested Courtroom Practices. (2) Changes in Procedure
Interpret pleadings liberally.
Explain the process at the outset.
Relax the technical rules.
Explain how to fix problems.
Ask questions.
Allow non-attorneys to assist.
Do not wait for objections.
Place limitations upon cross-examination.

13. Part Three: Problems and Situations

14. Problems Situations and Models – Starting a Case
The Overall Approach
Why the Start is Important
Two Models
Variations in the Models

15. Problems Lack of return of service
With or without party in courtroom
Failure to follow courtroom protocol
Dress and Decorum

16. Problems: The Initial Case
The hesitant party
The missing paper
E.g financial statement
The missing element in the case
E.g change in circumstances,
Lack of notice of housing defect
The un-objected to weak testimony
The objected to, and not supplemented, evidence
Failure to lay foundation
E.g photo

17. Problems: Objections and Interference
Hearsay
When includes foundation
When does not
Neighbor narrative of failure to comply with service requirements
Child narrative of abuse by parent then denied visitation
Reasonable Objections
Litigant confused
Unreasonable and Repeated Objections
By attorney
By SRL
Interruptions by the litigant

18. Problems: The Jury Trial
Management of the Jury Trial
Taking of Evidence
Objections in a Jury Trial
Openings and Closings

19. General Discussion

20. Part Four: The Long Term Implications
The Long Term Vision
The Relationship Between Change in the Courtroom and Other Innovations, such as Unbundling, Law Simplification, Self Help Services, etc.
The Role of the Judge in Fostering the Vision, Goals and Ethics

21. Concluding Remarks