Going to Court Could Get Easier
by: Iowa Legal Aid
It would be good if people had a lawyer whenever they needed one. But there has never been enough money to make this happen for low-income Iowans. This leaves a lot of people on their own. The Iowa State Bar Association and the Iowa Judges Association have accepted the recommendations of a joint task force. Proposed changes would help people who don't have a lawyer. The Iowa Supreme Court is reviewing the information and will decide how to proceed.
Recommendations of the Groups
The Iowa Supreme Court should make forms, instructions and details on how the process works available to help people use the court system. The forms and instructions would be in family law matters. This could include forms to file a divorce or an answer in a divorce. It could include trying to get custody when the parents aren't married.
The court should give parties clearer directions to help prepare cases to present to a judge. Judges should also have more leeway in how they can question witnesses.
There should be a change in the attorney's code of ethics. Changing the code would make it easier for lawyers to help a person for just a part of the legal problem. For example, a lawyer could review a consent agreement in a divorce, or help a person prepare a court document. It might make it easier to volunteer time to help someone if a private attorney could limit what he or she would do.
There should be enough funding for legal services to allow low-income Iowans reasonable access to attorneys. It is important to make the courts easier to use if a person has to go to court without a lawyer. However, it would be best if a lawyer was available for a low-income person who needed one.
Iowa Legal Aid's Pro Se Coordination Project
The Iowa Supreme Court is now reviewing the report. Given the interest of low-income Iowans who need to access the court system without a lawyer, staff of Iowa Legal Aid have taken an active role in this study. Iowa Legal Aid is setting up the Iowa Legal Aid Pro Se Coordination Project. The scope of that work will depend in part on the Supreme Court decides to do based on the report.
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