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Juvi court offers helping legal hand to pro se litigants
SHERRY KARABIN
Legal News Reporter
Published: June 30, 2016
As funding for legal aid has decreased more low-income people are finding themselves going it alone when they have legal problems.
In response to the rise in pro se or self-represented litigants many courts are offering tools to make navigating the complex legal system easier.
On March 2, the Mahoning County Juvenile Court unveiled its attorney Help Desk to assist unmarried parents with legal questions pertaining to matters such as paternity, child support and custody disputes.
“In Mahoning County, the juvenile court is charged with hearing cases involving children who are born to unmarried parents,” said Mahoning County Juvenile Court Judge Theresa Dellick. “The domestic relations court handles matters in which the parents are married.
“Often unmarried parents are low income and cannot afford a lawyer to handle any disputes that arise,” said Judge Dellick. “As a result they represent themselves and they often make mistakes in the way they fill out forms or fail to bring in certain documents that are required when they come to court. This results in a lot of rescheduled hearings and frustration on the part of the parents.”
Judge Dellick said court officials are not allowed to offer any type of advice to litigants to help them avoid such errors.
In October 2015 Judge Dellick joined forces with Chief Magistrate Richard White, court staff and attorneys to examine what could be done to help pro se litigants.
“We put together a committee,” said White. “The committee created a variety of forms relating to child custody complaints, including motions, hearings and notice of service. Afterwards we posted notices around the courthouse asking for lawyers who were interested in working the desk to contact us.”
The lawyers that provide their services get paid the out-of-court rate for a court- appointed attorney.
“The attorneys are paid through the funding the court receives from the court’s legal research special project fund program,” said Judge Dellick. “The fund is established through the Ohio Revised Code and permits the courts to use the funding for special projects that enhance the court.
“While the attorneys do not represent the clients they do work to make sure that they file error-free documents,” said Judge Dellick. “They also make it clear what’s required when they show up for a hearing, thus avoiding dismissals and postponements.
“Any time a hearing has to be postponed, it clogs up the court’s docket, delaying other litigants from having their cases heard.”
She said one of the biggest mistakes litigants make is failing to serve or improperly serving the other party.
“The other party must receive either a certified letter or have the service of process hand delivered,” said Judge Dellick. “The case cannot proceed if the other party has not been properly notified.”
White said 13 attorneys have signed up to work on the Help Desk since it began at the beginning of March.
The Help Desk is open every Wednesday from noon to 4 p.m. Anyone who is a party to a case that is filed in Mahoning County Juvenile Court can use the Help Desk.
“On average 10 to 11 people show up every Wednesday,” said White. “I think the smallest number of people that we have served on any given day is nine.
“People really appreciate being able to sit down with a lawyer and get direction,” said White. “Our court staff is also pleased because all the forms are filed correctly, which streamlines the process.
“Because the law does not permit the clerks to provide legal advice, even if someone in the clerk’s office were to see a mistake, the person cannot discuss how to properly fill out and file the forms. The Help Desk attorneys are private practitioners so they are able to provide such services.”
Canfield lawyer Jennifer Boyle Beck has been involved with the Help Desk since it began.
“A large part of my practice includes family law, including cases in which the state is involved with families,” said Beck. “The court generally appoints an attorney to represent a parent when there is state involvement with a child or children. However when the state is not involved, there are many parents that don’t have the money to retain a lawyer to help them navigate custody cases.
“For example, if a couple is unmarried and the mother refuses to let the father see the child, his only recourse is to petition the court to grant visitation or custodial rights,” said Beck.
“Helping parents who can’t afford an attorney to resolve such problems is a way of giving back since I am fortunate enough to have been able to attend law school and attain a law degree and license.”
Longtime Boardman attorney Mary Ann Fabrizi said today generations of children are living with family members instead of their parents. “It’s financially difficult for these caretakers to just assume the role of parenting a child and too often they are financially unable to take on the legal fees to address the custodial issues,” said Fabrizi.
“Our Mahoning County attorneys try to help, many times at bare minimum fees, but the numbers just keep increasing. The Help Desk allows these families to try to address these procedural matters on their own in a timely manner and at the least financial impact to their budgets.”
Canfield attorney Bob Price said he got involved to help “keep the court’s docket flowing. The Help Desk is good for the pro se litigants because they have the assistance they need but it’s also good for the courts since it helps to cut down on the number of hearings that have to be rescheduled,” said Price.
Recently McDonald, Ohio resident LaMarr Oliver stopped by the Help Desk to get assistance with a residential custody matter involving his son Quentin.
“My ex and I agreed that my son would be better off living with me because the school district and neighborhood are better,” said Oliver. “My son had been living in Struthers.
“My wife tried to sign him up for school but we missed open enrollment and needed to get a form notarized by the court.
“I brought the paperwork to the attorney and within 15 minutes everything was settled,” said Oliver. “Without the Help Desk it could have been a nightmare since the paperwork was pretty elaborate.”