Posted 2:31 am Sunday, February 12, 2012
Judge: Complicated Divorce Process Slows Down Court
By DAYNA WORCHEL
Staff Writer
They file into Smith County family Judge Carole Clark's each Friday afternoon.
They represent themselves in a divorce, on average of 11 or 12 people each week, and the numbers are growing.
Known as pro-se, or self-represented, the litigants are difficult for courts to handle because they don't know what to do to represent themselves and often file divorce forms in her court from a number of different sources, Judge Clark said.
The judge said the forms often come from Internet sites, and do not conform to Texas law.
If Texas had a standardized form for divorce legally recognized in all of its counties that someone seeking a divorce that has no property or children could file for themselves, it would help greatly, the judge said.
Such a form would assist the judge's staff in getting the necessary paperwork done in order for the case to progress, because the self-represented people don't know what to do, Judge Clark said.
Staff Writer
They file into Smith County family Judge Carole Clark's each Friday afternoon.
They represent themselves in a divorce, on average of 11 or 12 people each week, and the numbers are growing.
Known as pro-se, or self-represented, the litigants are difficult for courts to handle because they don't know what to do to represent themselves and often file divorce forms in her court from a number of different sources, Judge Clark said.
The judge said the forms often come from Internet sites, and do not conform to Texas law.
If Texas had a standardized form for divorce legally recognized in all of its counties that someone seeking a divorce that has no property or children could file for themselves, it would help greatly, the judge said.
Such a form would assist the judge's staff in getting the necessary paperwork done in order for the case to progress, because the self-represented people don't know what to do, Judge Clark said.
“The law doesn't allow me to force people to get a lawyer and I can only give them a court appointed lawyer in a few instances — and divorce is not one of them,” Judge Clark said.
About a year ago, the Supreme Court of Texas recognized the increasing number of Texans who need legal services when getting divorced and who are unable to afford such services. At that time, the court created the Supreme Court Uniform Forms Task Force, which was charged with creating a standardized form that an individual could use when seeking a divorce in which no children or property were involved.
But the board of the State Bar of Texas voted on Jan. 20 to request the Supreme Court suspend the work of the task force. In a letter dated Jan. 25, Texas Supreme Court Chief Justice Wallace Jefferson invited the State Bar to submit its own recommendations to the Court and to the Supreme Court Advisory Committee.
State Bar Board President Bob Black has created the Bar's own task force, called Solutions 2012 to come up with its own set of proposals to the problem of lack of access to the courts by the indigent, he said.
About a year ago, the Supreme Court of Texas recognized the increasing number of Texans who need legal services when getting divorced and who are unable to afford such services. At that time, the court created the Supreme Court Uniform Forms Task Force, which was charged with creating a standardized form that an individual could use when seeking a divorce in which no children or property were involved.
But the board of the State Bar of Texas voted on Jan. 20 to request the Supreme Court suspend the work of the task force. In a letter dated Jan. 25, Texas Supreme Court Chief Justice Wallace Jefferson invited the State Bar to submit its own recommendations to the Court and to the Supreme Court Advisory Committee.
State Bar Board President Bob Black has created the Bar's own task force, called Solutions 2012 to come up with its own set of proposals to the problem of lack of access to the courts by the indigent, he said.
Black said the forms for individuals to use already exist and that forms alone don't solve the problem.
“One of the problems within the court system is that most court staffs are already stressed to the maximum and indigent self-represented litigants already stress the resources,” he said.
He said more pro bono, or free legal clinics for the indigent would be an option.
“I have concerns that the forms are misleading. People think that because they have no property or children that the divorce is simple. Do they own a car or a house or a have a retirement plan? Those aren't simple divorces,” Black said.
The mission of the Solutions 2012 Task Force of the State Bar is to identify areas where backlogs of self-represented indigent clients exist and create free legal programs to eliminate that backlog, Black said. He said his role on the Solutions 2012 Task Force, which includes family law attorneys and district clerks, is to be positive and constructive as a professional.
“One of the problems within the court system is that most court staffs are already stressed to the maximum and indigent self-represented litigants already stress the resources,” he said.
He said more pro bono, or free legal clinics for the indigent would be an option.
“I have concerns that the forms are misleading. People think that because they have no property or children that the divorce is simple. Do they own a car or a house or a have a retirement plan? Those aren't simple divorces,” Black said.
The mission of the Solutions 2012 Task Force of the State Bar is to identify areas where backlogs of self-represented indigent clients exist and create free legal programs to eliminate that backlog, Black said. He said his role on the Solutions 2012 Task Force, which includes family law attorneys and district clerks, is to be positive and constructive as a professional.
The Solutions 2012 Task Force will present its ideas to the Texas Supreme Court's Rules Advisory Committee in April, Black said.
“I don't think this is an economics issue (for family attorneys) — these people are poor and can't afford to pay a lawyer anyway,” Black said. He added that more than 20 percent of family law filings statewide come from self-represented litigants, but that he didn't know the percentage of those filings that came from the indigent.
Michael Hogan is a family attorney in Tyler who has been in practice for 22 years. Regarding the proposed standardized divorce forms for indigent clients, he said that the “one size fits all,” approach doesn't apply in family law, especially if someone has children and property.
“Often, there are post-divorce division issues, and if there's been family violence, the forms won't apply,” he said. Hogan said many of the people he has observed in family court look as if they could afford to hire an attorney. “Just observing the people, they seem intelligent, well-dressed and well-spoken. I think they can afford one,” he said.
But such forms may be a good idea for some, Hogan said.
“For someone who is truly indigent and can't come up with money and has minimal property, they can get a divorce. Hallelujah and good for them. In this complex world, simple divorce is the exception rather than the rule,” Hogan said. He added that people who do file for their own divorces now have not adversely impacted his practice.
Stewart Gagnon is the chairman of the Uniform Forms Task Force who also works as a family attorney in Houston. He said that his preference is for everyone seeking a divorce to have access to legal assistance. But Gagnon also thinks that someone who wants to represent himself should be able to file his own petition for divorce.
“One of the problems that we see in Texas now is that the form that can be used in Harris County is not acceptable for use in Travis County. Or a judge in a rural county may choose not to take the form — someone could use such a form without any legal assistance if they chose,” Gagnon said.
He gave an example of an indigent couple who have been married for 10 years, but separated for five and are on public assistance.
“They should be able to get a simple divorce,” Gagnon said.
Costs for legal representation in a divorce can range from $200 to $300 up to $1,500 plus filing fees, he said. Gagnon said he doesn't think people using the forms will present a threat to an attorney's income.
“The experience in other states (that allow standardized forms) has been that they have not proven not to be a business deflator — but I can understand the concerns on the part of family attorneys,” Gagnon said.
Texas is one of 13 states that does not have a standardized form for indigent, self-represented litigants to use in a divorce, according to the Texas Access to Justice Commission. The Commission has conducted extensive research in other states which have standardized forms.
According to information provided by the Commission, no state which has the standardized forms reported any evidence of harm to the public. States such as Kansas reported that there were a variety of forms from different websites that the public had been downloading and using before standardized forms were available in that state.
“Many of these were not Kansas-specific and do more harm to the public than the forms we (Kansas) developed,” the report stated.
None of the states the Commission has studied which offer the standardized divorce forms have reported adverse effects on the attorneys' businesses, and all states report and increase in “judicial efficiency and economy,” according to reports.
Cristy Keul, law librarian for the Smith County Law Library said having state standardized forms would provide judges and pro se litigants with a reliable, standard form to use. “It increases judicial economy by allowing judges to review the litigant's information only rather than being concerned about the accuracy of the form itself,” she said.
Lewis Kinard is the supervising attorney for Lone Star Legal Aid, a nonprofit legal services organization that serves all of East Texas. He said there is a growing frustration in the community because of the length of time that it takes to get cases to trial, due in part to dockets clogged with self-represented litigants.
“These costs are passed on to consumers when they involve businesses,” he said. Kinard said that none of the solutions expanded funding for legal aid, more pro bono work from the private bar and court-approved simple forms and procedures in simple matters—will alone solve the nationwide and Texaswide problem. “We need them all,” he said.
“I don't think this is an economics issue (for family attorneys) — these people are poor and can't afford to pay a lawyer anyway,” Black said. He added that more than 20 percent of family law filings statewide come from self-represented litigants, but that he didn't know the percentage of those filings that came from the indigent.
Michael Hogan is a family attorney in Tyler who has been in practice for 22 years. Regarding the proposed standardized divorce forms for indigent clients, he said that the “one size fits all,” approach doesn't apply in family law, especially if someone has children and property.
“Often, there are post-divorce division issues, and if there's been family violence, the forms won't apply,” he said. Hogan said many of the people he has observed in family court look as if they could afford to hire an attorney. “Just observing the people, they seem intelligent, well-dressed and well-spoken. I think they can afford one,” he said.
But such forms may be a good idea for some, Hogan said.
“For someone who is truly indigent and can't come up with money and has minimal property, they can get a divorce. Hallelujah and good for them. In this complex world, simple divorce is the exception rather than the rule,” Hogan said. He added that people who do file for their own divorces now have not adversely impacted his practice.
Stewart Gagnon is the chairman of the Uniform Forms Task Force who also works as a family attorney in Houston. He said that his preference is for everyone seeking a divorce to have access to legal assistance. But Gagnon also thinks that someone who wants to represent himself should be able to file his own petition for divorce.
“One of the problems that we see in Texas now is that the form that can be used in Harris County is not acceptable for use in Travis County. Or a judge in a rural county may choose not to take the form — someone could use such a form without any legal assistance if they chose,” Gagnon said.
He gave an example of an indigent couple who have been married for 10 years, but separated for five and are on public assistance.
“They should be able to get a simple divorce,” Gagnon said.
Costs for legal representation in a divorce can range from $200 to $300 up to $1,500 plus filing fees, he said. Gagnon said he doesn't think people using the forms will present a threat to an attorney's income.
“The experience in other states (that allow standardized forms) has been that they have not proven not to be a business deflator — but I can understand the concerns on the part of family attorneys,” Gagnon said.
Texas is one of 13 states that does not have a standardized form for indigent, self-represented litigants to use in a divorce, according to the Texas Access to Justice Commission. The Commission has conducted extensive research in other states which have standardized forms.
According to information provided by the Commission, no state which has the standardized forms reported any evidence of harm to the public. States such as Kansas reported that there were a variety of forms from different websites that the public had been downloading and using before standardized forms were available in that state.
“Many of these were not Kansas-specific and do more harm to the public than the forms we (Kansas) developed,” the report stated.
None of the states the Commission has studied which offer the standardized divorce forms have reported adverse effects on the attorneys' businesses, and all states report and increase in “judicial efficiency and economy,” according to reports.
Cristy Keul, law librarian for the Smith County Law Library said having state standardized forms would provide judges and pro se litigants with a reliable, standard form to use. “It increases judicial economy by allowing judges to review the litigant's information only rather than being concerned about the accuracy of the form itself,” she said.
Lewis Kinard is the supervising attorney for Lone Star Legal Aid, a nonprofit legal services organization that serves all of East Texas. He said there is a growing frustration in the community because of the length of time that it takes to get cases to trial, due in part to dockets clogged with self-represented litigants.
“These costs are passed on to consumers when they involve businesses,” he said. Kinard said that none of the solutions expanded funding for legal aid, more pro bono work from the private bar and court-approved simple forms and procedures in simple matters—will alone solve the nationwide and Texaswide problem. “We need them all,” he said.
