Standardized Forms and Instructions Presented by: Judge Michael Dennard Harry Jacobs Glenn Rawdon

Why Have Standardized Forms and Instructions –Increase access to courts by the underserved and poor, therefore decreasing the number of pro se litigants unsuccessful in representing themselves in court because of illegible or incorrect forms. In 2004, 10% of the 60,000 pro se litigants in Idaho were able to effectively represent themselves in our courts.

What is the Idaho Pro Se Project? A partnership between Idaho Legal Aid Services and the Idaho Supreme Court to develop approximately 300 civil legal automated forms for underserved self litigants.

A sampling of what will be available… Form packets for: Divorce Parenting Plan Child Support Plan CustodyGuardianship Adult & Minor Name Change Tenant Repairs Landlord Eviction Tenant Answer to Eviction Tenant Return of Security Deposits Misc. Domestic Violence forms Protection Orders Small Claims

Idaho History Excellent support from Supreme Court on help for self-represented litigants Standing Access to the Courts Committee appointed to recommend and implement goals Court Assistance Office Project created in response to those recommendations –Court Assistance Offices piloted –Court Forms created

Forms Created by Family Law Forms Committee Landlord Tenant Subcommittee CAOP Director Local judges/court assistance officers

Form Development Policy Created Standing Forms Committee Forms created only through this committee Requests for forms only through –CAOP Director –Supreme Court –Access to the Courts Committee CAOP Director can pilot/test forms

Form Development Policy (contd.) Final approval by Supreme Court Only forms on approved or pilot list can be distributed through CAOs Forms must be accepted by judges and clerks Forms can be changed for non- substantive reasons by CAOP Director, who keeps a revision list and reports on revisions to the Court.

Recommendations Based on Our Experience: Have a well defined Form Development Policy –Statewide uniformity –Mandatory acceptance by judges and clerks –Central standing committee for consistency in format, etc.

Recommendations (contd.) Avoid local forms –Creates confusion among the users –Hard to train court assistance staff where forms differ from county to county –Causes cases to migrate –Limits delivery processes such as document assembly programs

Recommendations (contd.) Set limits on form development –Limit to proceedings where self- representation is high –Identify proceedings where forms should not be developed cases where appointed counsel is available cases which involve money and there are resources to hire counsel cases which are simply too complex-don’t encourage self-representation by creating forms

Recommendations (contd.) Provide opportunities for input on both need and design –populate forms committee with o health and welfare representatives o private counsel-specialized practice areas o judges who will be dealing with the forms o clerks/court assistance staff o court administrators o language/communication specialists o hotdocs/A2J developer

Recommendations (contd.) solicit statewide input from judges educate judges, attorneys and court staff on forms Maintain good records and distribution lists of current forms and revisions

What is Document Assembly Automated production of standard documents by filling in variable information Uses bridging logic One answer can fill in multiple blanks Allows you to save answers to use again for current and future documents

An effective document assembly program should: Provide a diagnostic at the beginning to verify that the user is using the appropriate tool for their needs Diagnose what forms and/or pleadings are appropriate for a given hearing/action Use branching logic that reflects real situations Use only a limited number of questions per screen Offer instructions that are linked to each question in the online diagnosis process Provide instructions on what to do with the completed forms

An effective document assembly program (contd.): Provide clear navigation so that people do not get lost in the process Accommodate multiple languages Meet accessibility standards (e.g. large type) Minimize repeated data entry Be accessible and interactive over the internet Allow people to save their work to finish at a later time Include video-based help (ideally) Be accessible 24 hours, 7 days a week

From an Idea to a Form to a Filing Harry Jacobs (415)

First Question: Plan Language or Traditional?

First Question: Traditional Forms

Creating Forms Word: office.microsoft.com/word Omniform: QuarkXPress: Many more...

Making Forms Available Courthouses/Legal Service Programs Internet Web sites Form Books Commercial software

Creating Filings: Fillable Word Forms jv640word.jpg

Creating Filings : Fillable PDF Forms

Filling Out Forms: Part II

Name Change Program

Name Change Forms

Filling Out Forms on the Web

Delivering Forms to Court In-person delivery FAX filing E-Delivery: electronic documents are delivered to court (like ) and are printed and handled as traditional filings. E-Filing: information and documents are automatically stored in court’s case and document management systems

E-Filing Environment Filer ServiceProvider E-FilingManager(EFM)CMS/DMS COURTPRIVATE/PUBLIC ClerkReview

How E-Filing Works Asynchronous Confirmation Court Filing XML Synchronous Confirmation Provider Court Policy XML Filer Clerk Review CMS E-Filing Manager Court

LSC’s Technology Initiative Grants TIG began in 2000 with special funding from Congress to improve access to justice through technology. LSC funds projects that use the principles of Innovation, Replication, and Sustainability to: –Increase the provision of legal services to eligible persons –Ensure that eligible clients are receiving appropriate and high-quality legal assistance –For 2006 funding information go to: See also: