PRO SE DIVORCE LITIGANTS: Frustrating the Traditional Role of the Trial Court Judge and Court Personnel

With the increased number of divorce litigants appearing pro se in the past century, trial court judges and court personnel are forced to deal with their conflicting obligations with more frequency. It is virtually impossible for a trial court judge to ensure all litigants have a fair and meaningful...

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Veröffentlicht in:Family court review 2004-10, Vol.42 (4), p.655-672
1. Verfasser: Schwarz, Carolyn D.
Format: Artikel
Sprache:eng
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Zusammenfassung:With the increased number of divorce litigants appearing pro se in the past century, trial court judges and court personnel are forced to deal with their conflicting obligations with more frequency. It is virtually impossible for a trial court judge to ensure all litigants have a fair and meaningful trial without compromising their neutrality. Likewise, court personnel are allowed to give out legal information but not legal advice, with the definition of legal information and advice not neatly packaged into two separate and distinct categories. Consequently, changes must be made. This note suggests various solutions that can be imposed to either reevaluate the role of trial court judges and court personnel so that they no longer have conflicting obligations and are able to accommodate the needs of the pro se litigants or implement services that can provide pro se litigants with other avenues of obtaining information and assistance.
ISSN:1531-2445
1744-1617
DOI:10.1111/j.174-1617.2004.tb01331.x