Licensing paraprofessionals will promote justice for litigants in family court

As a family law judge -- and supervising judge of the Family Law Division at San Francisco County Superior Court for the last four years -- I have presided over thousands of cases with unrepresented litigants. Many are coming to court for the first time, often facing traumatic and complicated situations without any legal support. Some are grappling with domestic violence and custody issues, language barriers, depression or anxiety, and power imbalances due to financial and educational disparities that inhibit their ability to advocate effectively for the orders they want and their children critically need.

This is not a theoretical problem; I encounter these issues every day. Many litigants cannot afford to hire a lawyer to represent them, especially at a time in their lives when they may be experiencing added costs for emergency separate housing, transportation, and basic living expenses.

In California, even "reasonably priced" or "sliding-scale" lawyers charge several hundred dollars per hour, plus a retainer and filing fees. For many people, those costs are stratospherically out of reach. Yet, without an advocate, most struggle to effectively assert even their most basic legal rights. At times I find it deeply discouraging when self-represented litigants cannot adequately describe the contours of their situations so that I can make sound and informed decisions.

For these reasons, I am proud to be part of a statewide effort to bring paraprofessionals into our family law courtrooms. The State Bar of California's Paraprofessional Program Working Group has championed a proposed licensing program for paraprofessionals. This program will train paraprofessionals how to competently represent litigants in carefully selected family law matters, while reserving the most complex work for family law attorneys. Paraprofessionals will be able to offer services at much lower costs, appear in court, and clearly articulate their client's case to ensure that justice is served and access to justice a reality.

I cannot overstate the importance of having an advocate in court. There is no better illustration than a story I heard at a judges' conference last year in New Orleans. A self-represented litigant sought a restraining order against her abusive ex-husband. But when the judge asked her to explain why, the litigant, clearly distraught, could only say two words: "coffee cup." The judge tried to draw out her story but the woman was unable to say more. Finally, the woman's sister raised her hand from the back of the courtroom and asked to speak, and she explained that her sister was traumatized because when she unlocked her car that morning to go to work, inside the cup holder was a warm Starbucks coffee cup. Written on the side of the cup was the pet name her ex-husband used to call her. When she saw the cup in her car, she knew her ex-husband had found her, and she was terrified.

Had it not been for her sister's intervention, the judge would not have had the information needed to issue the restraining order. The litigant's sister used her voice when the litigant found herself unable to tell her story. But what about all the litigants who are alone?

Family law judges see cases like this every day; they illustrate the need for this creative solution. The status quo is not working. Alternatives such as increasing legal services funding or having attorneys do more pro bono will never be enough to improve this reality.

What family litigants and family court judges need most are affordable, trained advocates who can make effective arguments without being swept up in the emotion of the moment. This paraprofessional licensing proposal will empower family law litigants to be heard and understood in court and ensure that their rights and the rights of their children are protected. 