Pro se litigants have reason to hope for a better civil courtroom experience with active judging. If done right, this reform promises more clarity and mercy for those unfamiliar with legal procedures, and better fact-finding and balanced evidence for judges overseeing the cases. This week’s Proof Over Precedent episode discusses the potential for reform, what’s holding judges back from fully adopting it, and the procedural and legislative changes necessary to support both judges and pro se litigants in fairer, more efficient civil hearings.
Read the corresponding blog post.
Speakers:
- Liliana Yearns, J.D. candidate, Harvard Law School
- Mia Robertson, J.D. candidate, Harvard Law School
Resources mentioned:
- Engler, Russell E., “And Justice for All-Including the Unrepresented Poor: Revisiting the Roles of the Judges, Mediators and Clerks“, Fordham Law Review (1999)
- Carpenter, Anna E., Active Judging and Access to Justice (2017)
- Carpenter, Anna E., “Judges in Lawyerless Courts“, Georgetown Law Journal (2022)
- Barton, Benjamin, “Against Civil Gideon (and for Pro Se Court Reform)“, Florida Law Review (2010)
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Proof Over Precedent cover art by Courtney Chrystal