ncompass live: accessing courts through e-government

Accessing courts through e-government

Accessing courts through e-governmentNCOMPASS Live: February 9, 2011 Online sessionLibrary Broadband Builds Nebraska Communities Presenters: Debora Brownyard and Janet Bancroft; State Court Administrators OfficeLibrary Broadband Builds Nebraska CommunitiesStatewide Project PartnersNebraska Library CommissionLocal Public LibraryPatronsState Court Administrators OfficeDepartment of LaborUNMC MedicalOthersState Court Administrators Office and Nebraska Supreme Court Committee on Pro Se Litigation GoalProvide access to justice to all residents of NebraskaPartnering with Library Broadband Builds Nebraska Communities E-government is one way to achieve this goal

State Court Administrators Office activities as partner with Library Broadband Builds Nebraska CommunitiesWebinars (2-4 more on related topics)Revamp Self Help websiteAutomate selected self-help legal formsOn-site presentations for public librarys project launch events (across the state)Partnering with local court staff, judges, lawyersCollaborate with other access to justice partnersNebraska Supreme Court websitehttp://supremecourt.ne.gov/Information for the public includes:Self Help CenterCase Calendar SearchPay online: ePaymentMediationCourt Contact InformationState Library Catalog

6Other Nebraska legal informationNcompass Live: Pro-Se and Librarians: Legal Self Help Options recorded online session, 9/29/10: Beth Goble, Laura Johnson, Julie Benohttp://www.nlc.state.ne.us/scripts/training/eventshow.asp?ProgID=10025Legal Aid of NebraskaUNL College of Law; Creighton Law SchoolSelf-help centersNSBA Lawyer ReferralState Library

Principles of Accessing the Justice SystemEQUALITY

IMPARTIALITY

OPENNESS

8These basic principles of the justice system can just as easily be applied to what librarians do. They guide what and how we provide our services.Partnering Goal 1: Library staff fully trained to assist self-represented litigants (SRLs)Library staff are knowledgeable about legal resources available in NebraskaLibrary staff are able to assist patrons with interactive automated forms, or can advise where to get help if needed.

Public Libraries and Access to Justice#8. Collaborations for Public Libraries Prepared by the Self-Represented Litigation NetworkNotes for slide 9Partnering Goal 1: Library staff fully trained to assist self-represented litigants (SRLs)

Library staff are able to advise patrons on where to find other self-help forms on Nebraskas court website.All library staff who have direct contact with SRLs have received training either in-person or online about Nebraskas Self-Help(LawHelp) website FUTURE WEBINAR ON NEW SELF-HELP WEBSITE AND INTERACTIVE FORMS

These next slides focus on the potential partnering goals that can be achieved.

They provide a checklist for partnerships to review how thy are doing.

These seem like reasonable starting goals for libraries.Self-Represented Ligitation Leadership Package Module 9 -- Working with JudgesPrepared by the Self-Represented Litigation NetworkNotes for slide 10Partnering Goal 2: Libraries are Ready and Willing to do Triage and Make Referrals Librarians can quickly identify best source of legal assistance based on the problem/issue presented by using online and other toolsIdeas to streamline process (for example, adding lawhelp.org to favorites link, etc)Self-Represented Ligitation Leadership Package Module 9 -- Working with JudgesPrepared by the Self-Represented Litigation NetworkNotes for slide 11Partnering Goal 2: Libraries are Ready and Willing to do Triage and Make Referrals Librarians have capacity to identify broad area of lawLegal content is organized by substantive area of law and regionLibrarians are natural researchers

This requires training that goes beyond knowing what content is where.

It requires an ability to know what areas of law may apply, who needs help, and where it is.

The referral portions of websites are a valuable tool, particularly lawhelp, since its referrals are by topic area.Self-Represented Ligitation Leadership Package Module 9 -- Working with JudgesPrepared by the Self-Represented Litigation NetworkNotes for slide 12Partnering Goal 3: Libraries are Regarded as Potential TrainersLibrarians can train users how to use the Internet and how (physically) to fill in online forms.Literacy programs for ESL students who have legal problems.Cultural competency issues.

One common barrier to self represented litigants who might be referred to online access tools to court forms, etc., is simply unfamiliarity with using computers, the Internet, and such things as interactive forms. Public libraries already train many users in these devices. Using online legal materials as samples in such training can be useful for those who are there because of legal needs. Such training should be based on hypothetical situations, not the users own personal situations, thus avoiding giving legal advice, but care should be given in arranging such exercises. Consultation with law trained researchers and field testing can improve results.

Public libraries already refer English as a second language users to either their own literacy programs or programs supplied by other agencies. For users who have both legal problems and English language proficiency issues, public librarians can recommend literacy programs as helpful. In addition to training in regular grammar and vocabulary, exposure to linguistic representations of local cultural content, such as idioms and business jargon, improves comprehension for such litigants. In civil matters, exposure to American business culture is especially helpful. Within particular immigrant populations, there are also cultural differences with regard to family relations, property rights, and zoning, which can be noted in literacy training.

Self-Represented Ligitation Leadership Package Module 9 -- Working with JudgesPrepared by the Self-Represented Litigation NetworkNotes for slide 13Partnering Goal 3: Libraries are Regarded as Potential Trainers Libraries can host know the law events, in which state or local court staff, judges, attorneys help present informationTeaching legal research.Substantive law classes.Training through videoconference.E-government and legal resourcesChat room reference.Bringing law libraries into the group.Librarians at public law libraries, especially in the larger metropolitan areas, sometimes hold classes for self represented litigants. Several have partnered with public libraries to make such presentations at public libraries. Public libraries have also partnered with local bar associations, who will supply attorneys for short courses at the libraries in substantive law areas, such as getting a divorce, landlord-tenant problems, consumer protection, and immigration cases. One under-utilized technology in this regard is videoconferencing. Many courthouses, and indeed, some large law firms, already have videoconferencing facilities, which with planning could be hooked up with those available at public libraries.

If your public library is already using chat room reference services, such as Question Point, and there are public law libraries within your state, consider bringing those libraries into the group that is servicing the chat room reference service. The Southern California Library Cooperative works with several California county law libraries to provide law reference for part of the day. Self-Represented Ligitation Leadership Package Module 9 -- Working with JudgesPrepared by the Self-Represented Litigation NetworkNotes for slide 14Partnering Goal 4: Libraries are Included in Planning for Access to Justice

In Nebraska: Supreme Court Commission on Pro Se LitigationLibrary Broadband Builds Nebraska CommunitiesLegal Aid Planning Groups/including participating in legal aid surveys of needLocal court, attorney, legal committeesLocal and area community issuesEach state has an access to justice commission. Try to find out who the members are, and get to know them. Ask your legal aid contacts to share information with the library on those groups and the projects they are working on. Sometimes there are openings to join a commission. When such opportunities arise, get involved. In addition, legal aid groups also do routine needs assessment. Ask Legal Aid to include you in the surveys they do to determine what needs the public presents. A good person to talk may be the legal aid litigation director or an executive director.

See separate PowerPoint #7 on these Commissions and equivalent bodies.

Self-Represented Ligitation Leadership Package Module 9 -- Working with JudgesPrepared by the Self-Represented Litigation NetworkNotes for slide 15Partnering Goal 5: Libraries Integrate Marketing AccessKnow what is going on in your communityListen to patrons, to partners, to the community at largeUtilize the usual suspects to deliver the message reference or intake interview, bookmarks, table tents, website links, newsletters, library programs, news media, contests, book clubs, Friends groups

Listen to your patrons, your partners, to the community at large. Is there a particular legal issue that is the hot topic in your community? Does the local court or legal aid office have information on the topic? Is another agency or organization available to provide information or services? The issues can be big or small, statewide or local. The State of Ohio listened when the foreclosure crisis hit the state, and set up the Save the Dream program, with public libraries as the meeting places for participants. The program had statewide impact. Several years ago our patrons repeatedly asked for information about emancipation of minors and about expungement of criminal records, issues not covered on the Ohio Bar Association website at that time. We contacted the Bar Association and they were able to post articles on those topics on their public resources page. Although the issue started out as a local inquiry, posting the articles on a statewide resource gave it much greater impact.Pass the word about legal resources and partnerships via the usual suspects discussed earlier, but also be cognizant of web-based methods, like Facebook, MySpace, YouTube, Twitter, and new methods as they develop. Pass out bookmarks and flyers at book clubs and book discussions, Friends of the Library meetings, job fairs, local newspapers and radio programs, senior centers, and other community gathering places. Every Friday the local daily newspaper, The Plain Dealer, publishes the appropriately-named Friday! Magazine that lists events from all over the Northeast Ohio area. Public library programs are a natural fit for inclusion in this publication. Now that so many public librarians are in the room, I hope you will get as comfortable with incorporating legal reference into your public librarys service module as you already are with book discussions, readers advisory, or toddler story times. And now that law librarians, court librarians and staff, legal aid staff, and attorneys are here, I hope you feel as comfortable discussing access to justice with public librarians as you are with one another.

Self-Represented Ligitation Leadership Package Module 9 -- Working with JudgesPrepared by the Self-Represented Litigation NetworkNotes for slide 16Range of service delivery modelsOne-on-one: in-person, via telephone, via internet, live web-chat

Group: in-person, via video, via video-conferencing, live web

17Basically, youll be delivering services either one-on-one or to a group. There are advantages to each model of service delivery; and you can combine them within the same program. Volunteer staff might hand out information, forms and instructions, and enroll litigants in a workshop. Often the word clinic is used to distinguish group settings in which an attorney provides advice. LIBRARIES ROLE IN PROVIDING ACCESS TO THE JUSTICE SYSTEMNational initiatives

Nebraska initiatives

1818Our courts are challenged by the number of people who either must represent themselves because they either cannot afford an attorney or they cannot find one, or they have decided that it should be easy enough to do it for themselves. We dont have enough legal aid attorneys to go around, nor are there enough pro bono attorneys. Librarians can help us provide access to justice. You are a natural partner because of your stature in the community.Public Libraries and Access to Justice ConferenceAustin Texas, January 11-12, 2010With Funding from the Bill & Melinda Gates Foundation

Participating organizations include: The American Association of Law LibrariesHarvard Law School Access to Civil Legal ServicesLegal Services CorporationNational Center for State CourtsNational Council of Juvenile and Family Court JudgesPro Bono NetState Justice Institute

LIBRARIESFirst stop for those seeking informationTrusted

20Librarians are akin to apple pie in how people perceive them. Good, equal, appeal to all, and non-judgmental. Citizens are very comfortable in starting with the library when they are seeking information. 21Assisting patrons (SRLs) is nothing new for librarians

21We really arent asking that you take on a new role, rather we would like you to consider adding a familiarity to a subset of information that you may not have had before.KEY CONCEPTS OF LIBRARIANSHIPACCESS

CUSTOMER SERVICE

PROVISION OF ACCURATE INFORMATION

2222These are the key components of public librarianship. They are the same for the courts.ACCESSThe librarys doors are guaranteed to be open to all.If customers do not understand how to open the doors to the court system, and there is no one to tell them, we are denying them access.By providing access to legal information, you can advance the administration of justice. 2323And speaking of doors this is one thing libraries have to offer. Courthouses are generally open from 8 until 5, Monday through Friday. Libraries, on the other hand, frequently offer some evening and weekend hours. This is especially important for low income people who cannot get away from work during the day. Your help in showing people how to access the law and how to find and use websites is critical to your community.CUSTOMER SERVICEThis is why libraries are in this business.Public librarians are competent, cooperative, and do all to assist in a timely manner.Not starting with a no, sorry, rather:Heres how I can help you . . .Turning a should I into a question you can answer

2424 Libraries are a resource and repository of information Patrons seek accurate information at their public librariesLibrarians have training on where to find and how to assist patrons with obtaining accurate informationCollaborate with partners to keep updated on legal resources

25PROVISION OF ACCURATE INFORMATION 25Unauthorized Practice of LawNebraska Commission on Unauthorized Practice of Law; established by the Nebraska Supreme Court and administered by the Nebraska State Bar Association

What is the practice of law? . . . application of legal principles and judgments to specific circumstances to resolve a problem or decide how to proceed under the law.Unauthorized practice of lawWhat is the unauthorized practice of law?A person who provides legal services, who is not a licensed lawyer, or who is not otherwise authorized by law to provide legal services, may be engaging in the unauthorized practice of law (UPL).In Nebraska, UPL is a crime; civil injunction or contempt possible sanctions.It is not UPL for a person to give general information about the law or legal procedures to another person.Future webinar for libraries: UPLNebraska State Bar Association, Jane Burke, 402-475-7091; [email protected]

Website:http://www.nebar.com/displaycommon.cfm?an=1&subarticlenbr=177

Can and CannotCan provide information to court users about how the processes works

Connecting people to information is not legal advice

29These are the underlying principles that allow librarians to assist with legal questions. This is WHY you can do it. The WHY SHOULD YOU? Is simple: you are providing access to justice! Its good for the citizenry, and its good for the library!Can and cannotLibrarians can provide forms and copies of instructions

Can record on the forms information provided by the litigants if the litigants are not capable of filling out the form themselves

Cannot provide or suggest the information that should be entered on the forms

3030The librarian or court staff can complete a form using the litigant's words. There easily could be problems for non-English speaking litigants, or those with literacy issues that prevent them from filing out the forms for themselves.Ways to provide this assistanceKnow where to locate forms which help litigants submit appropriate information to the court

BUT, be very careful of the source of the forms! Only go to reputable websites, generally your statewide legal aid or court sites.3131Some for-profit firms for several years have been appropriating the forms prepared by courts and legal aid, and turning around and selling them online for upwards of $1000. By just doing a Google search for divorce form, commercial sites often appear first. The unsuspecting consumer does not know that the same form may be available for free. The other caution is that they should be wary of whether or not a court would accept a form, whether it would be jurisdictionally correct, or include all the elements required by the laws of your state. Ways to help litigantsOften can help explain basic concepts get people started on forms

A petitioner is

If an answer, use same name in the document as has been used in the complaint32Can and cannotLibrarians can provide general information about the courts, procedures and legal terminology

Cannot provide advice about the course of action a litigant should take to further his or her own personal interests33ReferralsCan recommend the use of a lawyer and provide information concerning lawyer referral services and legal aidCannot recommend a specific lawyer

34It is the rarity that someone would not be better off being represented by an attorney, or at least consulting with an attorney.Confidentiality ConcernsWhere everybody knows everybody elses business, patrons may be reluctant to seek help where they are known, depending upon case type.

Resources can be made available through various access points/channels: telephone, internet, public library, churches, social service agencies. 35Members of the public may be unaware of the requirements of court staff respecting patron privacy and keeping confidentiality. In a rural/small count setting even a trip to the courthouse can be an issue for privacy remote access through phone/internet can help address the concern. Remote locations for service through other entities, e.g. public library, can also be resources. Educating agency staff, library staff, etc., about the program, its resources, and available ways to access the resources can help link the resources to the community. Community collaboration access to justiceConsider identifying patrons and library employees questions about how things work in the courts.

Take those questions to a local volunteer lawyer, the clerk of court, or a judge to find answers that you can put on an FAQ list for patrons.

Other ideas?36If you provide in-service training for the library staff, assume that their questions are ones that a SRL would also have. Partnering access to justice

Partnering takes workPartnering takes commitmentPartnering has huge payoffSelf-Represented Ligitation Leadership Package Module 9 -- Working with JudgesPrepared by the Self-Represented Litigation NetworkNotes for slide 37Library Broadband Builds Nebraska CommunitiesLocal or area partnersJudges and other bench officersCourt clerksCourt administrationLegal aid providersPro bono programs/attorneysBar association, esp. affected sectionsEducational InstitutionsLawParalegal UndergradHigh SchoolLegislators; local politicians Law librariesAARPCredit Unions Law EnforcementAttorneys GeneralMediation programsCommunity-based organizationsSocial & human service providersCommunity centersChurches

The State Court Administrators Office values partnering with Nebraskas public libraries to provide access to justice through e-government. THANK YOU!Open Forum: Opportunity for your comments, observations, questions . . . For more information, please contact the Nebraska State Court Administrators OfficeDebora Brownyard at [email protected] or Janet Bancroft at [email protected]