Las Vegas Sun

May 2, 2024

Family Court resource center sought

A resource center is being proposed to help meet the needs of persons who cannot afford attorneys and must represent themselves in Family Court.

District Court Chief Judge Myron Leavitt and Christina Chandler, assistant court administrator, presented the proposal at Thursday's legislative subcommittee hearing on Family Court. The center would be modeled after the nationally recognized program in Maricopa County, Arizona.

Services would include court information, forms, instructions, checklists, educational materials and courses.

The cost of the program would be $401,698, which includes an attorney, program coordinator, law clerk, paralegal, office assistant and two senior office specialists. The County Commission would have to approve funding, but that could be an uphill battle.

"The three new District Court judges' staff cost the county $2 million in staffing, so the County Commission is not too receptive to us now," Leavitt told the subcommittee.

The need for a self-help legal center in Clark County is growing. Chandler said that at least 44 percent of Family Court cases have one or both parties who represent themselves. In Arizona, the figure is almost 90 percent; in California, 80 percent of Family Court cases involve one or both parties who represent themselves.

Sixty-two percent of people in Family Court have less than $45,000 in income, she said. The standard attorney's fee is $100-$300, which many people can't afford.

Chandler estimated that 30,000 court staff hours are taken up answering questions of pro se litigants (those who represent themselves).

Chandler and Leavitt pointed out that unlike criminals who are afforded publicly subsidized legal representation, pro se litigants in Family Court are not constitutionally afforded counsel, since the matters are considered civil.

They also said court proceedings are protracted and delayed due to pro se parties' inability to comply with procedures, lack of preparation or missing information.

Space is being renovated for the center on the first floor of the Family Court building.

Bob James, administrator of the Self-Service Center for the Superior Court of Arizona in Maricopa County, said his center provides 420 different types of documents for pro se litigants. There is a small charge for the documents, or they can be obtained free through the center's Internet site.

"We created instructions to help litigants fill out pleadings and what to do with them after they were filed," James said.

The center's five full-time staff members serve 400 people a day, he said. The center distributes 400,000 pieces of paper every month. There are 120 different packets alone in the domestic relations and mental health areas.

The center does not offer legal advice, but concentrates on helping litigants navigate their way through an often cumbersome legal system.

"People want to represent themselves and the Constitution says they can, however, there are certain rules you have to follow," Leavitt said.

It's expected that the new law school at UNLV will help provide expertise for the center.

archive