Author: Janelle

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First Steps to Self-Representation

We the people United States Code

The first step in representing yourself in court is to read the Pro Se Guide that courts provide to self-represented litigants as a courtesy. This is step that most people skip but it is essential to your success because it tells the judge that you respect the court. When the judge knows you respect the court, then the judge will respect you and want to read what you have to say in your documents.

Of course there will always be some biased judge who are bad apples and do not respect anyone no matter what, it is important that you read the rules so you can know if even the court officers are acting beyond the bounds of courtroom etiquette.

Click Here to access the Pro Se Guide.  Pro Se Guide

The beginning of the Pro Se Guide includes some important vocabulary that you should be familiar with when representing yourself in court. Knowing these words will ensure court officials dont use words that you dont understand. Be sure not to ask what the word means because it will only demonstrate your failure to read the Pro Se Guide. Learning the vocabular in the Pro Se Guider will also ensure you express yourself coherently in court and don’t use terminology that the court isnt’f familiar with. Reading goes a long way in improving the communication between you and the court.

After you have read the Pro Se Guide, your first documented communication with the court should be to notice them that you will be representing yourself and you will not be using attorney services. You can draft your own notice letter or you can use a Notice_Self_Representation that courts many times provide to Pro Se litigants as a courtesy.

 

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31 Foster Children v. Bush., 5329 F. 3d 1255 (11th Cir. 2003) United States Court of Appeals, Eleventh Circuit

TOPIC: 42 U.S.C. §1983 Deprivation of Rights

CASE: 31 Foster Children v. Bush., 5329 F. 3d 1255 (11th Cir. 2003)

FACTS: The plaintiffs on behalf of all children in Florida’s foster care sued the administrators of Florida’s foster care system for deficiencies in Florida’s foster care system such as denial of safe care that meets basic needs, lack of the right to prompt placement with permanent families among others. The suit was brought under § 1983 for a declaration that the alleged practices were unconstitutional and unlawful among other reliefs. Unfortunately, all the claims were dismissed by the District Court and 11 out of 21 plaintiffs settled their claims and the remaining 11 plaintiffs appealed to the Court of Appeals.

ISSUES:

  1. Whether the Plaintiffs’ claims presented a justiciable case.
  2. Whether the claims of two of the Plaintiffs are moot.
  3. Whether the other Plaintiffs had standing to challenge the practices at issue.
  4. Whether 42 U.S.C. §§ 675(5)(D) and (E) provide rights enforceable under 42 U.S.C. § 1983.

HOLDING: The Court of Appeals held that two of the plaintiffs were indeed moot and there was no live controversy presented. Additionally, the Court of Appeals held that the Plaintiffs had standing because they were in the Defendants’ physical custody and also had the standing to pursue their sibling association claims because their siblings were in the defendants’ physical custody. The Court also held that §§ 675(5)(D) and (E) do not contain rights-creating language.

RULE: The three elements for a plaintiff to have standing include:

  1. The plaintiff has suffered an injury in fact or invasion of a judicially cognizable interest that is particularized and actual.
  2. There is a causal connection between the injury and the conduct complained of and
  3. The injury will be redressed by a favorable decision.

Plaintiff has the burden to prove the elements and provide the evidence to prove the legal standing question is posed. In order to have a viable cause of action under § 1983, a Plaintiff must establish that the statute allegedly violated the Plaintiff’s enforceable rights. The three requirements for a federal statute to be read to confer a right enforceable under § 1983 include that:

  • Congress must have intended that the provisions in question benefit Plaintiff;
  • The right assertedly protected by the statute is not so vague and amorphous that its enforcement would strain judicial resources; and
  • The provision asserted right must be couched in mandatory, rather than precatory, terms.

REASONING: The Court of Appeals stated that the two plaintiffs had been adopted and therefore, they were no longer in the Defendants’ legal custody. In as much they had no legally cognizable interest in the outcome of the suit. The Court also stated that the two plaintiffs could not be harmed by the Defendants’ illegal practices and there was no live controversy because the amended complaints sought injunctive relief to present future harm. Because the Plaintiffs are in custody until they are returned to their parents or adopted, they cannot avoid exposure to the Defendants’ practices and there was a likelihood that the alleged injury will occur. The court also stated that the two plaintiffs who were not in physical custody could not demonstrate that their constitutional injuries were imminent. The courts must look at the text and structure of a statute in order to determine if it unambiguously provides enforceable rights. The provisions in the Act do not give the Plaintiffs an unambiguously conferred right to support a cause of action brought under § 1983.”

JUDGEMENT: The Court of Appeal vacated the District Court’s judgment in part and remanded the case for dismissal in part for moot and for lack of standing and affirmed the judgment in all other respects.

References:

https://www.americanbar.org/groups/litigation/committees/childrens-rights/articles/2013/social-services-constitutional-rights-balancing-act/

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The Language of the Juvenile Courts

For many parents seeking to reunify with their children, courtrooms can seem like an intimidating place. In fact, court room decorum is a lot like preparing to dine with the Queen of England because there are rules and language used that are never used in real world settings. Nevertheless, its important to know what they are ahead of time so that one may feel confident in speaking and “pleading” in court.

The old saying that ‘reading is fundamental’ holds true. The more a parent, grandparent, or teen reads about the subject-matter of juvenile justice, criminal law, ad civil law, the more aptitude they will have in their understanding of the court processes. Reading will help the seeker learn the vocabulary, terminology, and language used by industry professionals. Moreover, the readers writing and overall communication with the court will improve as a result.

“What material should I read?”

It’s great to start with reading material from the Children’s Bureau available at the United States Administration for Children and Families website.  Once at the site, one can read more about the supervising agency the U.S. Department of Health and Human Services. Spend time at the site because it can take days or even months to go through all of the policy material.

Another good place to read about class-action lawsuits on the behalf of children and families is ChildrensRights.org. The organization has a lot of experience with holding the agencies accountable for living up the the missions they profess to uphold. The great thing about this website is you get to see actual lawsuits!

After getting warmed up with the agencies and administrative readings, it is time to get down to brass tacks and read the law. Start with an outline of the key concepts that need to be addressed. After reading the outline, begin reading the Restatements of the Law on Children and the Law.  This is one of the single best resources for understanding all the issues surrounding justice for your family.

stackofbooks
Reading is Fundamental

By reading these documents you will be MORE prepared the the attorneys in court and maybe even the judge. In the even that someone tries to use a big word in order to give you a ‘raw deal’, you can call them on it and ‘ Object’ because you know what is happening and understand the proceeding.

“What if I don’t understand what I am reading?”

In the beginning stages of reading, don’t start off reading for comprehension. Start of reading just for familiarity. Keep in mind the practice makes perfect and that you may need to read one document 20 times in order to truly absorb and comprehend the material at a mastery level.

Trust the process. Begin with the end in mind and more importantly understand that this is a journey- a wilderness experience that God intended you to go through in order to build your character and test your faithfulness.

“Weeping may endure for a night but joy cometh in the morning”.  Psalm 30:5