Standardized Forms and Standardized Forms and InstructionsInstructions

Presented by:Presented by:Judge Michael DennardJudge Michael Dennard

Harry JacobsHarry JacobsGlenn RawdonGlenn Rawdon

Why Have Standardized Forms and Why Have Standardized Forms and InstructionsInstructions

– Increase access to courts by the Increase access to courts by the underserved and poor, therefore underserved and poor, therefore decreasing the number of pro se decreasing the number of pro se litigants litigants ununsuccessful in representing successful in representing themselves in court because of illegible themselves in court because of illegible or incorrect forms.or incorrect forms.

In 2004, 10% of the 60,000 pro se litigants in Idaho In 2004, 10% of the 60,000 pro se litigants in Idaho were able to effectively represent themselves in were able to effectively represent themselves in our courts.our courts.

What is the Idaho Pro Se Project?What is the Idaho Pro Se Project?

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

A sampling of what will be available…A sampling of what will be available…

Form packets for:Form packets for:DivorceDivorceParenting PlanParenting PlanChild Support PlanChild Support PlanCustodyCustodyGuardianshipGuardianshipAdult & Minor Name ChangeAdult & Minor Name ChangeTenant RepairsTenant RepairsLandlord EvictionLandlord EvictionTenant Answer to EvictionTenant Answer to EvictionTenant Return of Security DepositsTenant Return of Security DepositsMisc. Domestic Violence formsMisc. Domestic Violence formsProtection OrdersProtection OrdersSmall ClaimsSmall Claims

Idaho HistoryIdaho History

Excellent support from Supreme Court on help Excellent support from Supreme Court on help for self-represented litigantsfor self-represented litigants

Standing Access to the Courts Committee Standing Access to the Courts Committee appointed to recommend and implement goalsappointed to recommend and implement goals

Court Assistance Office Project created in Court Assistance Office Project created in response to those recommendations response to those recommendations – Court Assistance Offices pilotedCourt Assistance Offices piloted– Court Forms createdCourt Forms created

Forms Created byForms Created by

Family Law Forms CommitteeFamily Law Forms Committee

Landlord Tenant SubcommitteeLandlord Tenant Subcommittee

CAOP DirectorCAOP Director

Local judges/court assistance officersLocal judges/court assistance officers

Form Development Policy Form Development Policy CreatedCreated

Standing Forms CommitteeStanding Forms Committee

Forms created only through this committeeForms created only through this committee

Requests for forms only throughRequests for forms only through– CAOP DirectorCAOP Director– Supreme CourtSupreme Court– Access to the Courts CommitteeAccess to the Courts Committee

CAOP Director can pilot/test formsCAOP Director can pilot/test forms

Form Development Policy (contd.)Form Development Policy (contd.)

Final approval by Supreme CourtFinal approval by Supreme CourtOnly forms on approved or pilot list can be Only forms on approved or pilot list can be distributed through CAOsdistributed through CAOsForms must be accepted by judges and Forms must be accepted by judges and clerksclerksForms can be changed for non-Forms can be changed for non-substantive reasons by CAOP Director, substantive reasons by CAOP Director, who keeps a revision list and reports on who keeps a revision list and reports on revisions to the Court.revisions to the Court.

Recommendations Based on Recommendations Based on Our Experience:Our Experience:

Have a well defined Form Development Have a well defined Form Development PolicyPolicy– Statewide uniformityStatewide uniformity– Mandatory acceptance by judges and clerksMandatory acceptance by judges and clerks– Central standing committee for consistency in Central standing committee for consistency in

format, etc.format, etc.

Recommendations (contd.)Recommendations (contd.)

Avoid local formsAvoid local forms– Creates confusion among the usersCreates confusion among the users– Hard to train court assistance staff where Hard to train court assistance staff where

forms differ from county to countyforms differ from county to county– Causes cases to migrateCauses cases to migrate– Limits delivery processes such as document Limits delivery processes such as document

assembly programsassembly programs

Recommendations (contd.)Recommendations (contd.)

Set limits on form developmentSet limits on form development– Limit to proceedings where self-Limit to proceedings where self-

representation is highrepresentation is high– Identify proceedings where forms should not Identify proceedings where forms should not

be developedbe developedcases where appointed counsel is availablecases where appointed counsel is available

cases which involve money and there are cases which involve money and there are resources to hire counselresources to hire counsel

cases which are simply too complex-don’t cases which are simply too complex-don’t encourage self-representation by creating formsencourage self-representation by creating forms

Recommendations (contd.)Recommendations (contd.)

Provide opportunities for input on Provide opportunities for input on both need and designboth need and design– populate forms committee with populate forms committee with

o health and welfare representativeshealth and welfare representativeso private counsel-specialized practice areasprivate counsel-specialized practice areaso judges who will be dealing with the formsjudges who will be dealing with the formso clerks/court assistance staffclerks/court assistance staffo court administratorscourt administratorso language/communication specialistslanguage/communication specialistso hotdocs/A2J developerhotdocs/A2J developer

Recommendations (contd.)Recommendations (contd.)

solicit statewide input from judgessolicit statewide input from judges

educate judges, attorneys and court educate judges, attorneys and court staff on formsstaff on forms

Maintain good records and Maintain good records and distribution lists of current forms and distribution lists of current forms and revisionsrevisions

What is Document AssemblyWhat is Document Assembly

Automated production of standard Automated production of standard documents by filling in variable informationdocuments by filling in variable information

Uses bridging logicUses bridging logic

One answer can fill in multiple blanksOne answer can fill in multiple blanks

Allows you to save answers to use again Allows you to save answers to use again for current and future documentsfor current and future documents

An effective document assembly An effective document assembly program should: program should:

Provide a diagnostic at the beginning to verify that the Provide a diagnostic at the beginning to verify that the user is using the appropriate tool for their needsuser is using the appropriate tool for their needsDiagnose what forms and/or pleadings are appropriate Diagnose what forms and/or pleadings are appropriate for a given hearing/actionfor a given hearing/actionUse branching logic that reflects real situationsUse branching logic that reflects real situationsUse only a limited number of questions per screenUse only a limited number of questions per screenOffer instructions that are linked to each question in the Offer instructions that are linked to each question in the online diagnosis processonline diagnosis processProvide instructions on what to do with the completed Provide instructions on what to do with the completed formsforms

An effective document assembly An effective document assembly program (contd.):program (contd.):

Provide clear navigation so that people do not Provide clear navigation so that people do not get lost in the processget lost in the processAccommodate multiple languagesAccommodate multiple languagesMeet accessibility standards (e.g. large type)Meet accessibility standards (e.g. large type)Minimize repeated data entryMinimize repeated data entryBe accessible and interactive over the internetBe accessible and interactive over the internetAllow people to save their work to finish at a Allow people to save their work to finish at a later timelater timeInclude video-based help (ideally)Include video-based help (ideally)Be accessible 24 hours, 7 days a weekBe accessible 24 hours, 7 days a week

From an Idea to a Form to a From an Idea to a Form to a FilingFiling

Harry JacobsHarry Jacobs

harry.jacobs@jud.ca.govharry.jacobs@jud.ca.gov

(415) 865-7620(415) 865-7620

First Question: First Question: Plan Language or Traditional?Plan Language or Traditional?

First Question: First Question: Traditional FormsTraditional Forms

Creating FormsCreating Forms

Word: Word: office.microsoft.com/wordoffice.microsoft.com/word

Omniform: www.nuance.com/omniform Omniform: www.nuance.com/omniform

QuarkXPress:QuarkXPress:www.quark.com/products/xpresswww.quark.com/products/xpress

Many more . . .Many more . . .

Making Forms AvailableMaking Forms Available

Courthouses/Legal Service Programs Courthouses/Legal Service Programs

Internet Web sitesInternet Web sites

Form BooksForm Books

Commercial softwareCommercial software

Creating Filings: Fillable Word FormsCreating Filings: Fillable Word Forms

jv640word.jpgjv640word.jpg

Creating Creating FilingsFilings: Fillable PDF Forms: Fillable PDF Forms

Filling Out Forms: Part IIFilling Out Forms: Part II

Name Change ProgramName Change Program

Name Change FormsName Change Forms

Filling Out Forms on the WebFilling Out Forms on the Web

Delivering Forms to CourtDelivering Forms to CourtIn-person deliveryIn-person delivery

FAX filingFAX filing

E-Delivery: electronic documents are E-Delivery: electronic documents are delivered to court (like email) and are printed delivered to court (like email) and are printed and handled as traditional filings.and handled as traditional filings.

E-Filing: information and documents are E-Filing: information and documents are automatically stored in court’s case and automatically stored in court’s case and document management systemsdocument management systems

E-Filing EnvironmentE-Filing Environment

FilerFiler ServiceServiceProviderProvider

E-FilingE-FilingManagerManager

(EFM)(EFM)

CMS/CMS/DMSDMS

COURTPRIVATE/PUBLIC

Clerk Clerk ReviewReview

How E-Filing WorksHow E-Filing Works

Asynchronous Confirmation

Court Filing XML

Synchronous Confirmation

Provider

Court PolicyXML

FilerFiler

Clerk Clerk ReviewReview

CMSCMS

E-Filing E-Filing ManagManagerer

Court

LSC’s Technology Initiative GrantsLSC’s Technology Initiative GrantsTIG began in 2000 with special funding TIG began in 2000 with special funding from Congress to improve access to from Congress to improve access to justice through technology. LSC funds justice through technology. LSC funds projects that use the principles of projects that use the principles of Innovation, Replication, and Innovation, Replication, and Sustainability to:Sustainability to:– Increase the provision of legal services to Increase the provision of legal services to

eligible personseligible persons– Ensure that eligible clients are receiving Ensure that eligible clients are receiving

appropriate and high-quality legal assistanceappropriate and high-quality legal assistance– For 2006 funding information go to: For 2006 funding information go to:

http://www.lscopp.com/Techsite/home.htmhttp://www.lscopp.com/Techsite/home.htm

See also: See also: www.statejustice.orgwww.statejustice.org