The Illinois Supreme Court has awarded cash grants to 13 judicial circuits to help them better serve the large and growing number of self-represented litigants.

As more and more litigants choose to represent themselves, Illinois courts continue their effort to adapt to this "new normal" (see the October 2017 IBJ cover story.) One such adaptation is a program launched by the Illinois Supreme Court Commission on Access to Justice late last year that gives grants to 13 judicial circuits to help them better serve pro se litigants and manage their impact on the justice system.

In its November 29, 2017 e-Newsletter, the supreme court stated, "The vast majority of self-represented litigants are not self-represented by choice…. [S]elf-represented litigants - many who have little or no prior experience with the judicial system - pose a number of challenges for circuit clerks, judges, court staff, and other litigants, as well as for themselves." (Read the court's statement at https://bit.ly/2A1uGrl.)

The grant program's goal "is to create, train, and support a statewide network of Self-Represented Litigant Coordinators…based in courthouses across Illinois." The 13 grant-recipient circuits are the first, third, eighth, tenth, twelfth, fourteenth, fifteenth, sixteenth, seventeenth, nineteenth, twenty-first, twenty-second, and Cook County.

Different programs for different circuits

Jill Roberts of the Administrative Office of the Illinois Courts says that of the 13, five are single county circuits (Cook, Lake, Will, Kane, and McHenry), four have multiple counties and the grants service all counties, and four have multiple counties but only some are being served by the grants. Geographically, this means that two circuits are in southern Illinois, three in central Illinois, and the rest in the northern and Chicago-metro areas of the state. They affect rural, suburban, and urban trial courts.

The grants were awarded through a request-for-proposal process. Circuits were required to submit a narrative explaining county-specific needs and a budget outlining how the money would be spent. The awards ranged from $5,000 to $15,000 for individual projects for a total of $90,000.

Each circuit is using its funds differently to address its specific needs. For example the first circuit in southern Illinois will create committees of self-represented litigants, attorneys, paralegals, and community members to discuss the needs of pro se litigants and provide training to stakeholders. The program is designed to increase community awareness of available resources and determine where more help is needed.

The fourteenth circuit, which includes the Illinois segment of the Quad Cities area, will track cases to ensure they do not linger on the docket. It will also develop a language clearing house that features technologically advanced language interpretation resources.

The seventeenth circuit (Winnebago and Boone Counties) will use its funds to implement a text reminder system for court dates and create infographic charts for navigating family law, orders of protection, small claims, and eviction cases. The Circuit of Cook will expand its existing services to the suburban districts, compile guides for how to do legal research, and provide self-represented litigants with personal consultations.

An uncertain future

Roberts says that under-equipped or under-staffed self-help centers are a problem for self-represented litigants throughout the state. Some of the circuit coordinators are planning to partner with public libraries to "discuss how to capitalize on self-help centers in public libraries, creating partnerships for training, workshops, and better collaboration between the court and the public libraries," Roberts said. Many public libraries have computers from which patrons can access Illinois Legal Aid Online and statewide standardized litigation forms.

Colorado has a similar grant program that began in 2012. That program hired self-represented-litigant coordinators (referred to as "Sherlocks"). Funding to pay the 14 full-time coordinators was approved by the Colorado legislature, with additional money to help cover operating costs.

In contrast, Illinois' program uses current court employees who are "going above and beyond their current court roles to provide extra assistance to self-represented litigants," says Roberts. What's more, while Colorado has legislatively approved funding, the supreme court Access to Justice Commission is funding Illinois' program.

The Illinois program may be short-lived, Roberts cautions. Each grant is for a year; circuits can renew for a second. After that, "it is uncertain if the Access to Justice Commission will have available funds to continue the program," according to Roberts.