Legislators, experts see long road toward improving court experience for unrepresented litigants

Legislators and experts gathered in Sacramento on Tuesday to discuss ways to improve the experience of unrepresented litigants in California's courts and concluded they have a long way to go, though programs to address the issue exist in most of the state's courts.

"The notion that justice is and should be for everyone is something that I think all of us here, and the reason we're here, hold near and dear to our hearts," said Assembly Judiciary Committee Chairman Mark Stone, D-Scotts Valley, at the outset of the two-hour hearing. "But the practical realities for people who are trying to access the justice system really are quite different."

The difficulties of the lawyerless hit California particularly hard, some panelists said, due in part to the diversity and income inequality in the state. A report put together by the Judiciary Committee staff cited Judicial Council figures showing 4.3 million unrepresented litigants use California's courts every year. This includes almost 1.6 million in traffic cases and 2.8 million in civil court.

Helping litigants has become a matter of self-interest for overburdened courts, said Presiding Judge Kevin C. Brazile of the Los Angeles County Superior Court and co-chair of the Judicial Council's California Advisory Committee on Providing Access and Fairness.

"We take a lot of pride in L.A. County with our self-help services," Brazile said. "As a result of our program, litigants are coming to court prepared. I can't stress enough being prepared. When they're unprepared, it delays things, and delay costs money and hurts us as a court."

The state invests tens of millions annually in a patchwork of programs to combat the problem. These include traditional legal aid, pro bono services and programs specifically for renters and homeowners. But there is only enough money to serve a minority of those who are eligible.

The eligibility rules themselves also exclude many who really need help, said Bonnie R. Hough, principal managing attorney for the Judicial Council's Center for Families, Children & the Courts. For instance, she noted the federal Legal Service Corporation -- the biggest available source of legal aid funding in the state, representing $46.6 million in California this year -- limits help to those making 125% of the poverty level.

"We have this huge population of modest means people who really have no access without legal aid," Hough said. "Because if you're making $310 a week, you're technically not eligible for legal aid. How you're going to hire an attorney at $325 an hour is beyond me."

This was a reference to the average charge of $323 per hour for legal services in California cited in the staff report. Part of this gap is being made up by 135 self-help centers now set up in courts around the state, making a million contacts with litigants annually. These centers are receiving $31.3 million in state support in the 2019-2020 budget year, according to the committee report, and are likely to be a growing part of the state's response going forward.

"There are many people who just need some help, with the paperwork, with the process, or just having somebody listen to them who is in a position of authority with the court who cares," Hough said. "That has made a huge difference."

Brazile also noted litigants in L.A. county have encountered a judiciary that is far less diverse than Los Angeles as a whole. While they have made strides in hiring Spanish-language staff, growing racial diversity among judges has gone a long way toward making people feel like they were receiving fair justice, Brazile said.

Another strategy he highlighted was rewriting common forms so non-lawyers or people with limited English proficiency can better comprehend them.

Assemblywoman Shirley Weber, D-San Diego, said she is familiar with the problem because her late husband was an attorney and judge.

"I've [seen] situations where the person did not understand, period, and they spoke English," said Weber, who co-hosted the hearing as chair of the budget subcommittee overseeing public safety. "They just didn't understand because the terminology used by the lawyer or the judge was just so different."

The panelists didn't reach any firm conclusions about how to improve the situation for unrepresented litigants. But it's clear even the current patchwork of programs is precarious. For instance, the staff report said President Donald J. Trump has repeatedly attempted to cut most federal legal aid funding but has been thwarted by a bipartisan group of members of Congress.

"We have a lot of work ahead of us," Stone said at the conclusion of the hearing.