Document Type

Article

Publication Title

Notre Dame Journal of Law, Ethics & Public Policy

Abstract

The literature on access to justice generally uses the term "legal assistance" to mean the provision of counsel, whether subsidized by the government or compensated by contingency fee or other arrangement, to a party who cannot afford representation. Access to justice, however, should also entail other forms of legal assistance, including a court structure that responds fairly and efficiently to claimants who lack the legal equipage needed to present their cases in an effective way. In this Article, we describe various institutional adaptations made by one federal district court in response to the increasing number of claims filed by pro se civil litigants, who are typically indigent and cannot afford counsel. In May 2001, the United States District Court for the Eastern District of New York appointed a new magistrate judge and assigned her to hear and to oversee significant categories of pro se matters. Magistrate judges are judicial officers with powers determined by statute, but responsibilities determined by each federal district. Although other federal district courts have enlisted the assistance of magistrate judges in the handling of pro se cases, the Eastern District of New York's approach to the problem is sufficiently different to warrant closer attention. Moreover, the literature has so far emphasized state judicial responses to the rise in pro se cases, with less attention paid to Article III innovations to deal with the needs of unrepresented litigants.

First Page

475

Volume

16

Publication Date

2002

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