Required, Permissible, and Impermissible Forms of Federal Judicial Assistance to Self-Represented Litigants: Toward Establishment of a Judicial Duty of Reasonable Assistance

Authors

Jona Goldschmidt, Loyola University ChicagoFollow

Abstract

The article examines the evolving role of judicial assistance to self-represented litigants (SRLs) in federal courts, arguing that while the Supreme Court has maintained a strict no-assistance policy, lower courts have increasingly recognized the need for accommodations to ensure fair trials. The author advocates for a more consistent and expansive approach to judicial assistance, aligning with due process and the constitutional right to self-representation, while emphasizing the importance of maintaining judicial impartiality.

Disciplines

Dispute Resolution and Arbitration | Law | Legal Ethics and Professional Responsibility | Legal Profession

Recommended Citation

Jona Goldschmidt, Required, Permissible, and Impermissible Forms of Federal Judicial Assistance to Self-Represented Litigants: Toward Establishment of a Judicial Duty of Reasonable Assistance, 25 Cardozo J. Equal Rts. & Soc. Just. 217 (2019).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol25/iss2/2