How To Help A Family Law Student In A Court Case

Transcription

1 The Volunteer Lawyers Program and Pima County Superior Court Partnership Project Manual

2 Table of Contents Introduction to the VLP... 2 About the VLP... 4 Self-Service Clinic Project... 5 History and Synopsis... 5 Pre-Clinic Procedures... 6 At the Clinic... 6 After the Clinic... 6 A Word from Judge Bryson... 7 Minor Guardianship Court Project... 8 History and Synopsis... 8 Pre-Clinic Procedures... 8 At the Clinic... 9 Scheduling and Staffing... 9 Administration... 9 Advice... 9 In the Courtroom After the Hearing Future Projects Sample Law Student Examination Appendix 1: Student Training Materials for Self-Service Project... i Instructions for Self-Service Center Project... ii Client Instructions for Default Divorces...iv Client Instructions for Court Proceedings... viii Appendix 2: Student Training Materials for Court Project... xiii Procedures for Court Project... xiv Checklist for Court Project... xviii Student Question Handout... xix VLP and Pima County Superior Court Partnership Project Manual

3 An Introduction from Commissioner Dardis This Manual is dedicated to all of the volunteers who, for many years, have assisted unrepresented litigants when they appear in Court. In the interest of the truth, and without sugarcoating, it should be known for all posterity that the genesis of the programs detailed in this Manual occurred because I saw them as a way to cut down on my work. Around the turn of the century, I was assigned to the Family Law Bench. As a Family Law Judge, one of my duties was to preside over Default Divorce hearings at 1:30 p.m. every day of the week. At that time, in Pima County, Arizona, if litigants wanted to finalize their divorce and complete the process through default, all they had to do was show up at 1:00 p.m., get their file pulled, and then be escorted to a large courtroom where they appeared in front of the Default Judge. Represented clients were always heard first, and then the unrepresented litigants were called and sworn in. While all of this was happening, the Default Judge was busily reviewing their paperwork to ensure the files included proper service, the correct documents, all the necessary copies, and whether the litigants correctly calculated their child support under the Guidelines. More often than not, the litigants did not have everything correct. They were not lawyers and had little or no idea of what was needed. And, oftentimes, their child support calculation was wrong. More importantly, I got really tired of continuously going through this process while 20 or 30 other people waited. So I thought, Who can we get to screen the paperwork and calculate child support, do it correctly, and move the litigants through the process quickly and efficiently? At this point it was really all about the judges. I knew of only one person, Michele Mirto, the director of the Volunteer Lawyer Program at Southern Arizona Legal Aid. So over a Mexican food lunch which, everyone knows, is the best place for such conversations I told her my idea. Why not pull together various aspects of the legal community and set up a program to help self-represented litigants? From that meeting came our first project: the Child Support program. Utilizing students from the University of Arizona College of Law supervised by lawyers from the Volunteer Lawyers Program, and with the support of the Pima County Superior Court, which provided resources, office space, and their total involvement, the first Child Support program commenced. Since that fateful lunch, the Child Support program has evolved and new programs have been added. The Child Support program folded into the Self-Service Center Clinic at the Pima County Superior Court law library. This clinic assists self-represented litigants by answering family law questions that perplex anyone appearing in Court without a lawyer. The Minor Guardianship Court Project was added, where law students and volunteer attor- (Continued on page 3) VLP and Pima County Superior Court Partnership Project Manual 2

4 (Continued from page 2) neys appear as friends of the court during unrepresented litigants minor guardianship hearings to guide the litigants through the minor guardianship process. The list of people who have been involved with these programs is long. And, they know who they are. These programs would not continue to grow and prosper without the support of each of the Presiding Judges of the Superior Court, the Presiding Judges of the Family Law Bench, each of the Judicial Officers who have been assigned to the Family Law bench, and the Superior Court Administration. The involvement of the University of Arizona College of Law, including each of the Deans and all Faculty, is another source of complete support for the program. The real backbone of these programs is the law students. As if the students did not have enough to do with their course work, so many have tirelessly, and with the greatest of humor and enthusiasm, volunteered their time to work in these programs. Without the students, these programs would not be able to assist such a large number of clients. I also cannot write enough about the support these programs have received from members of the Pima County Bar. When called upon, many busy lawyers give their time to others who otherwise could not afford quality legal advice. They often work long hours to assist the litigants and they always do so without compensation. Finally, without the involvement of Southern Arizona Legal Aid, its directors, and the Volunteer Lawyers Program staff, none of these programs would exist. Although I mentioned that the initial reason for these programs was to cut down my workload, we soon discovered that the programs were a win/win for everyone involved. The students learn many valuable legal and client skills. Further, we noticed that by volunteering in law school, the students often become volunteer lawyers after being admitted to the bar. Because of the student and volunteer lawyers work, the litigants obtain court orders, which increase the amount of the child support to which they are entitled, and are eased through the system with less trepidation and better results. The volunteer lawyers receive an opportunity to teach and assist law students while being involved with an excellent program. And, of course, we judges end up with less work to do. Since their inception, the VLP programs have received state and national recognition. It has been a real privilege to have played a small part in them. Now that I am retired, I am still looking to cut down on my work. Hon. Frederic J. Dardis VLP and Pima County Superior Court Partnership Project Manual 3

5 About the VLP Southern Arizona Legal Aid, in collaboration with the Pima County Bar Association, established the Volunteer Lawyers Program in In 2001, the VLP consolidated its delivery of pro bono services from its Tucson office to reach the rural counties of Southern Arizona. It now also serves Apache, Cochise, Gila, Graham, Greenlee, Navajo, Pinal, and Santa Cruz Counties. Its modest beginnings belie the breadth and import into which it has grown. At its inception, the Program served about 50 clients per year. In 1995, that number jumped to 404. In 2012, the Program assisted 3,011 clients. These clients were helped by over 1,300 attorneys and 90 law students who, combined, donated over 24,000 hours of their time. Estimates suggest that about half of the attorneys in Tucson participate with the VLP in some capacity. Law students began working with the VLP via a pilot program in The idea to link volunteer attorneys with volunteer students came from Stacy Rupprecht, a student at the James E. Rogers College of Law. One of the first projects to include students was the collaboration between the U.S. Bankruptcy Court and the VLP; it is still in operation today. The second, a child support program, has been folded into VLP s Self-Service Center Project at Pima County Superior Court. These student programs have become a model for others around the country and have been presented at ABA conferences by VLP Director Michele Mirto and Commissioner Fred Dardis. The VLP has an abundance of programs to help those who need aid with civil matters. Here in Pima County, the VLP runs: Advice Only clinics where volunteer attorneys assess the legal merits of a client s case and provide advice for the client s next step. Domestic Relations clinics that cover topics including divorce, paternity, and the completion of self-help forms. Bankruptcy Reaffirmation clinics. A Self-Service Center where volunteer students and attorneys meet with pro se litigants to aid in all aspects of their family law case. A Minor Guardianship Court Project that allows volunteer law students and attorneys to aid self-represented petitioners at their hearings. Minor Guardianship Clinics where volunteer attorneys walk petitioners through the guardianship process and its requirements. (Continued on page 5) VLP and Pima County Superior Court Partnership Project Manual 4

6 (Continued from page 4) About the VLP The VLP also coordinates volunteer representations for family law, consumer, housing, government benefit, probate, tort defense, and immigration issues. The VLP is here to help and is always looking for new ways to do so. If you have an idea for a new program, please do not hesitate to let us know. Michele Mirto is the director of the VLP. She can be contacted at , ext or mmirto@sazlegalaid.org. M. Socorro Diaz is the Program Coordinator. She can be contacted at , ext or sdiaz@sazlegalaid.org. Melissa Spiller is the VLP staff attorney and its student coordinator. She can be contacted at , ext or MSpiller@sazlegalaid.org. Self-Service Center Clinic Project Clinic History and Synopsis In 2009, the VLP, Pima County Superior Court, and the College of Law continued to expand their partnership and created a family law Self-Service Center Clinic. The Clinic is held twice a week at the Pima County Superior Court Law Library. The purpose of this clinic is to help self-represented litigants correctly complete the paperwork their case requires so that clients can efficiently work their way through the legal system. The clinic is staffed by VLP staff, vol- unteer lawyers, and, sometimes, law students. The clinic is held on Mondays and Tuesdays from 2:00 p.m. to 5:00 p.m. at the Pima County Superior Court Law Library. The clinic only assists clients with family law matters. If a person asks to attend the clinic for another matter, that person is given the contact information for both Southern Arizona Legal Aid and the Pima County Bar Association s Lawyer Referral Service. Quick Facts about the Self-Service Clinic Since 2009, the clinic has helped 3,010 clients Volunteer attorneys have donated 2,808 hours since 2009, worth $560,160. Volunteer students have donated 1,179 hours since VLP and Pima County Superior Court Partnership Project Manual 5

7 Self-Service Center Clinic Project The law librarians make the appointments for this clinic. There are 8 appointment slots which are filled several weeks in advance. VLP also sets aside a small number of appointments for emergencies and follow-ups. A VLP staff member is given appointment information one week prior to the clinic to check for conflicts. If one is discovered, that appointment is called prior to the clinic and given the phone number to the Lawyer Referral Service. The morning of each clinic, the law librarians put out a walk-in list when the library opens at 8 a.m. The list has 6 slots Pre-Clinic Procedures and is usually full by 9 a.m. The librarians fax this list to the VLP to check for conflicts as soon as it is full. If one is discovered, the same procedures are followed as above. Walk-ins return to the clinic between 2:00 p.m. 2:30 p.m. and are assisted individually as time permits. Because appointments have priority, it is possible that some walk-ins will not be seen due to time limitations. If this occurs, unseen walk-ins are given an appointment for the near future. First, each client fills out intake documents required to open up a SALA case file while the VLP staff member issue -spots to determine the client s needs. At this time, the VLP staffer also confirms that the issue is something the clinic handles. After the intake is completed, each client meets with the volunteer attorney and law student to discuss his or her legal issue. A typical appointment lasts approximately 30 minutes. Priority for assistance is given to appointments first. If an appointment does At the Clinic not show up, the VLP staff member fills that appointment with someone on the walk-in list. After the Clinic Clients can attend the clinic as often as necessary throughout their family law case. Clients who financially qualify for Southern Arizona Legal Aid may be referred to the VLP for additional assistance if the Service Center Clinic does not to meet their legal needs. VLP and Pima County Superior Court Partnership Project Manual 6

8 A Word from Judge Bryson Southern Arizona Legal Aid s Volunteer Lawyers Program Minor Guardianship Court Project is a unique and valuable program which benefits every person who participates in it, at virtually every level, and is what I characterize as a win-win-win proposition. First, law students win because they are able to learn valuable lessons only hands-on experience can provide. Law students have the chance to meet with and interview clients, prepare cases, and present the matters in front of a judge or commissioner as a friend of the court. Students learn, firsthand, the depth and importance of the solemn responsibility associated with representing a client in court and how the attorney-client relationship is governed by the code of ethics. On another level, students are able to hone courtroom skills by assuming the responsibility of preparing a case. This step requires students to learn the facts of their cases from various sources and then applying the facts to the applicable law so that the case may be presented in accordance with relevant procedural and evidentiary rules. Finally, students are then able to stand before a judge to present a case and ultimately make an argument, which is the final hurdle in any lawyer s professional maturation process, and often the most daunting. Second, clients, and the community at large, win as well. The thought of going to court is foreign and intimidating to many people. Navigating through the rules and statutes and determining which ones control can be confusing. Additionally, hiring an attorney can be very expensive and is, for many, costprohibitive. With this program, clients have the security of knowing their cases are being handled properly and efficiently by law students who are being assisted by VLP volunteer attorneys, all of whom are members of the Arizona State Bar association. Often, these cases must also be heard quickly because the minor may need to be enrolled in school or may require medical attention. Letters of guardianship are frequently a formalization of a relationship between a minor and parental figure which has already been created. The guidance and assistance this program provides assures litigants that the formalization occurs, thereby meeting the needs of a segment of our society that may be most vulnerable. Third, thanks to this distinctive program, the court system wins as well. It is said there are only so many minutes in a day, and that adage rings true with court proceedings. Court time is a precious commodity, and it is vital to the overall administration of justice that every minute be used in an efficient and effective manner. When cases flow smoothly, the court is able to process the day s calendar and ensure, as best it can, matters do not have to be carried over to a following date. Frequently, when a judge is presented with paperwork or proposed orders which are deficient or incomplete, the judge must attempt to help correct the paperwork without giving legal advice, while still trying to ensure the entire docket is completed within the time allotted. With the help of the students who participate in this program, the court is assured the requisite pleadings and supporting paperwork are completed in a thorough and accurate matter, thereby saving hours upon hours of court time each year. Thus, the VLP minor guardianship program is vital to educational opportunities afforded students at the clinic, to clients and the community at large, and to the county s justice system. I am proud to say that we in the Probate Department of Pima County Superior Court are committed to assisting SALA and VLP in its continuing efforts to provide this valuable service. The Hon. Kyle Bryson Division 5 Pima County Superior Court VLP and Pima County Superior Court Partnership Project Manual 7

9 The Minor Guardianship Court Project The Minor Guardianship Court Project was established in January 2008 and provides petitioners assistance in seeking and attaining their guardianship. It is one of two VLP projects that puts law students inside the courtroom to aid those who need legal help. First, the Volunteer Lawyers Program contacts petitioners before their hearing dates and offers its assistance. If the petitioner accepts this offer, a law student, under the supervision of a volunteer attorney, meets with the petitioners shortly before the petitioner or petitioners hearing. History and Synopsis At this meeting, the volunteers review the petitioners paperwork to ensure it has been completed correctly, that they have all required documents, and that notice, fingerprint, and training requirements have been fulfilled. A checklist of what each student looks for in each case is included in Appendix One. If problems arise, the student advises the court at the petitioners hearings of the remedies the petitioner will make and on what timeline they can address the problems so their hearing can be rescheduled as quickly as possible. Unlike other clinical opportunities through the College of Law, student volunteers do not receive course credit. Rather, they are involved with the VLP because they want to help others while becoming comfortable in front of the court. The students also receive clinic training, which is held at the beginning of each semester. At the training, a volunteer attorney walks the students through each of the minor guardianship forms, common issues that petitioners face, and what it is expected of the students and the petitioners at the hearing. Pre-Clinic Procedures Between one to two weeks before each clinic, the Commissioner s judicial administrative assistant sends the VLP information regarding the 10:30 a.m. and 11:00 a.m. minor guardianship hearings scheduled during clinic days. The JAA usually sends information for both clinic dates at the same time, although this is not required. The VLP needs the petitioner s name, case number, and the time of his or her hearing. With this information, the VLP will check for conflicts, contact the petitioner to offer its assistance, and determine if the petitioner needs an interpreter. If one is needed, VLP staff will the JAA to request one. Scheduling and client information can be faxed to the VLP at (520) VLP and Pima County Superior Court Partnership Project Manual 8

10 The Minor Guardianship Court Project Scheduling and Staffing The clinic is held twice a week from 9:30 a.m. 12:00 p.m. The clinic days are Monday and Wednesday. Generally, there are two law students, one volunteer attorney, and one VLP staff member in attendance at the clinic. At the Clinic Administration The morning of the hearings, a VLP staff member first meets with petitioners in the Law Library on the second floor of the Pima County Superior Court. These meetings start at approximately 9:30 a.m. to allow clients to fill out the intake forms that VLP needs to open a SALA case file. Advice After intake is completed, but before the hearing, a volunteer attorney and student complete the following: Through AGAVE, they confirm that the petitioner has met the requirements for minor guardianship and has filed all of the required paperwork. They assist the petitioner prepare the Order Appointing Guardian and the Letters of Guardianship. If the petitioner has not completed the required trainings or filed certificates of completion, the volunteers give the petitioner a copy to read through with the certificates to sign and file during the hearing. The volunteer attorney and law student also prepare the petitioner for his or her hearing. The law student goes through a court-suggested checklist, which includes: The petitioner s relationship to the minor The petitioner s criminal background If child support has been previously established for the minor If the minor was born in a foreign country Completion of the guardianship trainings The importance of filing the annual reports and requirements for notifying the court of change of address VLP and Pima County Superior Court Partnership Project Manual 9

11 The Minor Guardianship Court Project In the Courtroom Immediately prior to the hearings, the VLP staff member speaks with the courtroom clerk to let him or her know at which petitioners hearings the volunteer attorney and law student will appear. When the case is called, the volunteer attorney and law student appear as friends of the court. After the petitioner is sworn in, the law student examines the petitioner with a list of questions based on the statutory requirements. If there are documents that need to be presented to the Commissioner, the law student will present them during, or immediately following, the examination. In the Courtroom, cont d nation, e.g. the petitioner failed to complete fingerprints requirement, or a past criminal conviction was not previously disclosed to the court. After the Hearing The JAA (or another court employee) escorts the successful petitioners to the probate desk to get their Letters of Guardianship. Quick Facts about the Court Project Since 2008, the clinic has helped 314 clients. The law student will also help the petitioner raise any issues that may affect the minor guardianship during the exami- 76 students received early court experience through the project. Future Projects The VLP is always looking for new ideas for programs. Our programs focus on helping pro se litigants at each step of their civil action. We currently have clinics that help with family, guardianship, and bankruptcy issues. We also have more generalized advice only and self-service clinics where volunteer attorneys are available to answer questions about what steps pro se litigants need to take, aid in filling out forms, or help in trial preparation for various civil issues. The ultimate goal of our programs is to ensure that each pro se litigant is fully prepared for his or her legal proceeding. The preparation helps each pro se litigant achieve an appropriate legal outcome and ensures that the judicial process functions efficiently. In short, we are trying to make the process a little easier for everyone. If you identify an area where pro se litigants could use more help, please do not hesitate to let us know. You can contact Michele Mirto at mmirto@sazlegalaid.org or Melissa Spiller at MSpiller@sazlegalaid.org to begin the dialogue. VLP and Pima County Superior Court Partnership Project Manual 10

12 The Minor Guardianship Court Project Sample Law Student Examination Below is the list of questions that the law students generally use to examine the petitioner. This list is modified depending on the circumstances of a particular case. Introduction to the Court: My name is (student s name). I am a law student under the supervision of (attorney s name). I am appearing as a friend of the Court. Questions Asked of the Petitioner: Consent Do you have a consent form from the mother/father that you would like to file with the Court? Publication Do you have proof of publication for the Court? Can you please tell the Court what efforts you made to find this person before publishing notice? What is your name? Training Certificates What is your relationship to the minor? If they are related: Related on mom s/ dad s side? Does the minor live with you here in Pima County? Is the minor in need of a guardian? Why is the minor in need of a guardian? Will you serve as the guardian? Do you understand the duties and obligations you will have as the minor s guardian? Did you complete the required guardianship trainings prior to this hearing? Do you have the Certificates with you that you would like to file with the Court? If the minor is present, then: Do you understand the purpose of this guardianship? Do you understand that (guardian s name) will be acting as your parent and will have the ability to make important decisions about you? Do you consent to the guardianship? If the client has documents, such as consent forms, training certificates, or affidavits of publication that need to be filed, then: VLP and Pima County Superior Court Partnership Project Manual 11

13 Appendix One Student Training Materials for Self-Service Center Project Appendix 1 - VLP and Superior Court Partnership Program Manual

14 Instructions for Self-Service Center Project Appendix 1 - VLP and Superior Court Partnership Program Manual ii

15 Instructions for Self-Service Center Project Appendix 1 - VLP and Superior Court Partnership Program Manual iii

16 Client Instructions for Default Divorces Appendix 1 - VLP and Superior Court Partnership Program Manual iv

17 Client Instructions for Default Divorces Appendix 1 - VLP and Superior Court Partnership Program Manual v

18 Client Instructions for Default Divorces Appendix 1 - VLP and Superior Court Partnership Program Manual vi

19 Client Instructions for Default Divorces Appendix 1 - VLP and Superior Court Partnership Program Manual vii

20 Client Instructions for Court Appearances Appendix 1 - VLP and Superior Court Partnership Program Manual viii

21 Client Instructions for Court Appearances Appendix 1 - VLP and Superior Court Partnership Program Manual ix

22 Client Instructions for Court Appearances Appendix 1 - VLP and Superior Court Partnership Program Manual x

23 Client Instructions for Court Appearances Appendix 1 - VLP and Superior Court Partnership Program Manual xi

24 Client Instructions for Court Appearances Appendix 1 - VLP and Superior Court Partnership Program Manual xii

25 Appendix Two Student Training Materials for Minor Guardianship Court Project Appendix 2 - VLP and Superior Court Partnership Program Manual

26 Procedures for Guardianship Court Project Appendix 2 - VLP and Superior Court Partnership Program Manual xiv

27 Procedures for Guardianship Court Project Appendix 2 - VLP and Superior Court Partnership Program Manual xv

28 Procedures for Guardianship Court Project Appendix 2 - VLP and Superior Court Partnership Program Manual xvi

29 Procedures for Guardianship Court Project Appendix 2 - VLP and Superior Court Partnership Program Manual xvii

30 Checklist for Guardianship Court Project Appendix 2 - VLP and Superior Court Partnership Program Manual xviii

31 Student Question Handout Appendix 2 - VLP and Superior Court Partnership Program Manual xix