NCompass Live: Accessing Courts through E-Government
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Join the staff of the Nebraska State Court Administrator's Office to learn how to assist patrons to access web-based Nebraska court information and legal resources. The Court staff wants to learn more about the needs that public libraries and patrons have in this regard. Join us on this webinar as we begin our three-year partnership with the Nebraska Library Commission to improve e-government resources.
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NCompass Live: Accessing Courts through E-Government
- 1. Library Broadband Builds Nebraska Communities Accessing courts through e-governmentNCOMPASS Live: February 9, 2011 Online session Presenters: Debora Brownyard and Janet Bancroft; State Court Administrator’s Office
- 2. Library Broadband Builds Nebraska CommunitiesStatewide Project Partners Nebraska Library Commission Local Public Library Patrons State Court Administrator’s Office Department of Labor UNMC Medical Others
- 3. State Court Administrator’s Office and Nebraska Supreme Court Committee on Pro Se Litigation Goal Provide access to justice to all residents of Nebraska Partnering with Library Broadband Builds Nebraska Communities E-government is one way to achieve this goal
- 4. State Court Administrator’s Office activities as partner with Library Broadband Builds Nebraska Communities Webinars (2-4 more on related topics) Revamp Self Help website Automate selected self-help legal forms On-site presentations for public library’s project launch events (across the state) Partnering with local court staff, judges, lawyers Collaborate with other access to justice partners
- 5. Nebraska Supreme Court website http://supremecourt.ne.gov/ Information for the public includes: Self Help Center Case Calendar Search Pay online: ePayment Mediation Court Contact Information State Library Catalog
- 7. Other Nebraska legal information Ncompass Live: Pro-Se and Librarians: Legal Self Help Options – recorded online session, 9/29/10: Beth Goble, Laura Johnson, Julie Beno http://www.nlc.state.ne.us/scripts/training/eventshow.asp?ProgID=10025 Legal Aid of Nebraska UNL College of Law; Creighton Law School Self-help centers NSBA Lawyer Referral State Library
- 8. Principles of Accessing the Justice System EQUALITY IMPARTIALITY OPENNESS 8
- 9. Partnering Goal 1: Library staff fully trained to assist self-represented litigants (SRLs) Library staff are knowledgeable about legal resources available in Nebraska Library staff are able to assist patrons with interactive automated forms, or can advise where to get help if needed.
- 10. Partnering Goal 1: Library staff fully trained to assist self-represented litigants (SRLs) Library staff are able to advise patrons on where to find other self-help forms on Nebraska’s court website. All library staff who have direct contact with SRLs have received training either in-person or online about Nebraska’s Self-Help(LawHelp) website FUTURE WEBINAR ON NEW SELF-HELP WEBSITE AND INTERACTIVE FORMS
- 11. Partnering Goal 2: Libraries are Ready and Willing to do Triage and Make Referrals Librarians can quickly identify best source of legal assistance based on the problem/issue presented by using online and other tools Ideas to streamline process (for example, adding lawhelp.org to favorites link, etc)
- 12. Partnering Goal 2: Libraries are Ready and Willing to do Triage and Make Referrals Librarians have capacity to identify broad area of law Legal content is organized by substantive area of law and region Librarians are “natural” researchers
- 13. Partnering Goal 3: Libraries are Regarded as Potential Trainers Librarians can train users how to use the Internet and how (physically) to fill in online forms. Literacy programs for ESL students who have legal problems. Cultural competency issues.
- 14. Partnering Goal 3: Libraries are Regarded as Potential Trainers Libraries can host “know the law” events, in which state or local court staff, judges, attorneys help present information Teaching legal research. Substantive law classes. Training through videoconference. E-government and legal resources Chat room reference. Bringing law libraries into the group.
- 15. Partnering Goal 4: Libraries are Included in Planning for Access to Justice In Nebraska: Supreme Court Commission on Pro Se Litigation Library Broadband Builds Nebraska Communities Legal Aid Planning Groups/including participating in legal aid surveys of need Local court, attorney, legal committees Local and area community issues
- 16. Partnering Goal 5: Libraries Integrate Marketing Access Know what is going on in your community Listen – to patrons, to partners, to the community at large Utilize the “usual suspects” to deliver the message – reference or intake interview, bookmarks, table tents, website links, newsletters, library programs, news media, contests, book clubs, Friends groups
- 17. Range of service delivery models One-on-one: in-person, via telephone, via internet, live web-chat Group: in-person, via video, via video-conferencing, live web
- 18. LIBRARIES’ ROLE IN PROVIDING ACCESS TO THE JUSTICE SYSTEM National initiatives Nebraska initiatives 18
- 19. Public Libraries and Access to Justice Conference Austin Texas, January 11-12, 2010 With Funding from the Bill & Melinda Gates Foundation Participating organizations include: The American Association of Law Libraries Harvard Law School Access to Civil Legal Services Legal Services Corporation National Center for State Courts National Council of Juvenile and Family Court Judges Pro Bono Net State Justice Institute
- 20. LIBRARIES First stop for those seeking information Trusted 20
- 21. Assisting patrons (SRLs) is nothing new for librarians 21
- 22. KEY CONCEPTS OF LIBRARIANSHIP ACCESS CUSTOMER SERVICE PROVISION OF ACCURATE INFORMATION 22
- 23. ACCESS The library’s doors are guaranteed to be open to all. If customers do not understand how to open the doors to the court system, and there is no one to tell them, we are denying them access. By providing access to legal information, you can advance the administration of justice. 23
- 24. CUSTOMER SERVICE This is why libraries are in this business. Public librarians are competent, cooperative, and do all to assist in a timely manner. Not starting with a “no, sorry”, rather: “Here’s how I can help you . . .” Turning a “should I” into a question you can answer 24
- 25. PROVISION OF ACCURATE INFORMATION Libraries are a resource and repository of information Patrons seek accurate information at their public libraries Librarians have training on where to find and how to assist patrons with obtaining accurate information Collaborate with partners to keep updated on legal resources 25
- 26. Unauthorized Practice of Law Nebraska Commission on Unauthorized Practice of Law; established by the Nebraska Supreme Court and administered by the Nebraska State Bar Association What is the practice of law? “. . . application of legal principles and judgments to specific circumstances to resolve a problem or decide how to proceed under the law.”
- 27. Unauthorized practice of law What is the unauthorized practice of law? “A person who provides legal services, who is not a licensed lawyer, or who is not otherwise authorized by law to provide legal services, may be engaging in the unauthorized practice of law (UPL).” In Nebraska, UPL is a crime; civil injunction or contempt possible sanctions. “It is not UPL for a person to give general information about the law or legal procedures to another person.”
- 28. Future webinar for libraries: UPL Nebraska State Bar Association, Jane Burke, 402-475-7091; cupl@nebar.com Website: http://www.nebar.com/displaycommon.cfm?an=1&subarticlenbr=177
- 29. Can and Cannot Can provide information to court users about how the processes works Connecting people to information is not legal advice 29
- 30. Can and cannot Librarians can provide forms and copies of instructions Can record on the forms information provided by the litigants if the litigants are not capable of filling out the form themselves Cannot provide or suggest the information that should be entered on the forms 30
- 31. Ways to provide this assistance Know where to locate forms which help litigants submit appropriate information to the court BUT, be very careful of the source of the forms! Only go to reputable websites, generally your statewide legal aid or court sites. 31
- 32. Ways to help litigants Often can help explain basic concepts – get people started on forms A petitioner is… If an answer, use same name in the document as has been used in the complaint 32
- 34. Cannot provide advice about the course of action a litigant should take to further his or her own personal interests33
- 35. Referrals Can recommend the use of a lawyer and provide information concerning lawyer referral services and legal aid Cannot recommend a specific lawyer 34
- 36. Confidentiality Concerns Where “everybody knows everybody else’s business,” patrons may be reluctant to seek help where they are known, depending upon case type. Resources can be made available through various access points/channels: telephone, internet, public library, churches, social service agencies.
- 37. Community collaboration – access to justice Consider identifying patrons and library employees’ questions about how things work in the courts. Take those questions to a local volunteer lawyer, the clerk of court, or a judge to find answers that you can put on an FAQ list for patrons. Other ideas? 36
- 38. Partnering – access to justice Partnering takes work Partnering takes commitment Partnering has huge payoff
- 39. Library Broadband Builds Nebraska CommunitiesLocal or area partners Judges and other bench officers Court clerks Court administration Legal aid providers Pro bono programs/attorneys Bar association, esp. affected sections Educational Institutions Law Paralegal Undergrad High School Legislators; local politicians Law libraries AARP Credit Unions Law Enforcement Attorneys General Mediation programs Community-based organizations Social & human service providers Community centers Churches
- 40. The State Court Administrator’s Office values partnering with Nebraska’s public libraries to provide access to justice through e-government. THANK YOU!
- 41. Open Forum: Opportunity for your comments, observations, questions . . .
- 42. For more information, please contact the Nebraska State Court Administrator’s OfficeDebora Brownyard at debora.brownyard@nebraska.gov or Janet Bancroft at janet.bancroft@nebraska.govwww.supremecourt.ne.gov
Editor's Notes
- These next slides focus on the potential partnering goals that can be achieved.They provide a checklist for partnerships to review how thy are doing.These seem like reasonable starting goals for libraries.
- This requires training that goes beyond knowing what content is where.It requires an ability to know what areas of law may apply, who needs help, and where it is.The referral portions of websites are a valuable tool, particularly lawhelp, since its referrals are by topic area.
- One common barrier to self represented litigants who might be referred to online access tools to court forms, etc., is simply unfamiliarity with using computers, the Internet, and such things as interactive forms. Public libraries already train many users in these devices. Using online legal materials as samples in such training can be useful for those who are there because of legal needs. Such training should be based on hypothetical situations, not the users’ own personal situations, thus avoiding giving legal advice, but care should be given in arranging such exercises. Consultation with law trained researchers and field testing can improve results.Public libraries already refer English as a second language users to either their own literacy programs or programs supplied by other agencies. For users who have both legal problems and English language proficiency issues, public librarians can recommend literacy programs as helpful. In addition to training in regular grammar and vocabulary, exposure to linguistic representations of local cultural content, such as idioms and business jargon, improves comprehension for such litigants. In civil matters, exposure to American business culture is especially helpful. Within particular immigrant populations, there are also cultural differences with regard to family relations, property rights, and zoning, which can be noted in literacy training.
- Librarians at public law libraries, especially in the larger metropolitan areas, sometimes hold classes for self represented litigants. Several have partnered with public libraries to make such presentations at public libraries. Public libraries have also partnered with local bar associations, who will supply attorneys for short courses at the libraries in substantive law areas, such as getting a divorce, landlord-tenant problems, consumer protection, and immigration cases. One under-utilized technology in this regard is videoconferencing. Many courthouses, and indeed, some large law firms, already have videoconferencing facilities, which with planning could be hooked up with those available at public libraries.If your public library is already using chat room reference services, such as Question Point, and there are public law libraries within your state, consider bringing those libraries into the group that is servicing the chat room reference service. The Southern California Library Cooperative works with several California county law libraries to provide law reference for part of the day.
- Each state has an access to justice commission. Try to find out who the members are, and get to know them. Ask your legal aid contacts to share information with the library on those groups and the projects they are working on. Sometimes there are openings to join a commission. When such opportunities arise, get involved. In addition, legal aid groups also do routine needs assessment. Ask Legal Aid to include you in the surveys they do to determine what needs the public presents. A good person to talk may be the legal aid litigation director or an executive director. See separate PowerPoint #7 on these Commissions and equivalent bodies.
- Listen to your patrons, your partners, to the community at large. Is there a particular legal issue that is the hot topic in your community? Does the local court or legal aid office have information on the topic? Is another agency or organization available to provide information or services? The issues can be big or small, statewide or local. The State of Ohio listened when the foreclosure crisis hit the state, and set up the Save the Dream program, with public libraries as the meeting places for participants. The program had statewide impact. Several years ago our patrons repeatedly asked for information about emancipation of minors and about expungement of criminal records, issues not covered on the Ohio Bar Association website at that time. We contacted the Bar Association and they were able to post articles on those topics on their public resources page. Although the issue started out as a local inquiry, posting the articles on a statewide resource gave it much greater impact. Pass the word about legal resources and partnerships via the usual suspects discussed earlier, but also be cognizant of web-based methods, like Facebook, MySpace, YouTube, Twitter, and new methods as they develop. Pass out bookmarks and flyers at book clubs and book discussions, Friends of the Library meetings, job fairs, local newspapers and radio programs, senior centers, and other community gathering places. Every Friday the local daily newspaper, The Plain Dealer, publishes the appropriately-named Friday! Magazine that lists events from all over the Northeast Ohio area. Public library programs are a natural fit for inclusion in this publication. Now that so many public librarians are in the room, I hope you will get as comfortable with incorporating legal reference into your public library’s service module as you already are with book discussions, readers advisory, or toddler story times. And now that law librarians, court librarians and staff, legal aid staff, and attorneys are here, I hope you feel as comfortable discussing access to justice with public librarians as you are with one another.