Showing papers by "Charles R. Dyer published in 2013"

Improving Access to Justice: Plain Language Family Law Court Forms in Washington State

Abstract: About 65 percent of family law litigants in Washington State come to court without a lawyer. Plain language forms will give many of these pro se litigants the ability to conduct their lawsuits without legal representation or with limited assistance. Such forms also reduce costs for litigants and the courts. As part of the implementation of the Washington State Plan for Integrated Pro Se Services (Pro Se Project), a joint initiative of the Washington State Access to Justice Board, the Washington State Administrative Office of the Courts, and the Washington State Office of Administrative Hearings, work has been * The authors include Charles R. Dyer, Program Manager of the Pro Se Project, Washington State Access to Justice Board; Kirsten Barron, attorney and current Chair of the Access to Justice Board; Joan E. Fairbanks, Staff Director for the Access to Justice Board; M. Lynn Greiner, attorney and member of the Access to Justice Board; Janet L. Skreen, Senior Court Program Analyst with the Washington State Administrative Office of the Courts; Josefina Cerrillo-Ramirez, attorney with the Northwest Justice Project; Law Fellows Andrew Lee, JD, and Bill Hinsee, JD; and Law student externs Ashley McDonald and Jeff Wyatt aided in the writing of this article. 1 JUDICIAL SERVS. DIV., ADMIN. OFFICE OF THE COURTS, AN ANALYSIS OF PRO SE LITIGANTS IN WASHINGTON STATE 1995–2000 (2001), available at http:// www.courts.wa.gov/wsccr/docs/Final%20Report_Pro_Se_11_01.pdf [hereinafter ANALYSISOF PRO SE LITIGANTS]. Please note that statistical sampling varies from county to county and from case type to case type. The general presumption based on the statistics is that in about 50 percent of the cases, neither side is represented by an attorney, and that in about 80 percent of the cases, one side is not represented. 1066 SEATTLE JOURNAL FOR SOCIAL JUSTICE SEATTLE JOURNAL FOR SOCIAL JUSTICE underway to translate 211 mandatory family law court forms into plain language. This article describes some of the ethical justifications for, and practical benefits of, plain language forms. It also discusses basic linguistic principles that underpin clear, concise, and plain language. The latest version, as of this writing, of one of the most important plain language forms, the Parenting Plan, is appended. This article also examines the broader aspects of plain language adoption nationally. Legal forms have taken on new relevance after the US Supreme Court’s decision in Turner v. Rogers, 2 which obliges judiciaries to take steps to ensure that unrepresented litigants’ rights to due process are adequately protected. Plain language forms are an effective means of dispelling the due process concerns noted in Turner, and a necessary element of a genuinely accessible justice system.