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

Goldschmidt, Jona

Journal: Cardozo Journal of Equal Rights & Social Justice

Volume: 25

First Page: 217

Year: 2019

Bluebook Citation: 25 CARDOZO J. EQUAL RTS. & SOC. JUST. 217 (2019)

Author: Jona Goldschmidt: all 10 publications


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.

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