Public Comment: Report of the Family Division Task Force (FDTF), 2013

This is an interesting report in which the growing 74% ‘pro se’ problem is acknowledged, but it seems to despair of a solution. Maybe in time. Maybe never. But - we’re thinking about it and working on it. It’s just that the thought and work hasn’t been successful in containing the growth of the problem, in designing an approach, much less, finding answers to the problem.

It is our impression that the  current status quo, financial incentives  to the Divorce Industry, are mammoth! Seriously analyzing the ‘pro se’ problem, a serious legislative audit or serious problem solving might, God forbid,  “kill the goose that laid the golden egg” for the Divorce Industry! After all, as quoted in the Family Division Task Force Report, 86% of family court cases have only ONE LAWYER (see page 20 - IX. Addressing the Increasing Unrepresented Population; A. Court Resources for Un-repsented Litigants: "The number of cases before family law magistrates in 2012 with one or fewer attorneys approached 86%")!

Imagine that one lawyer (in the 86 % of cases) opposing a ‘pro se’ party. As work, it is a ‘slam dunk’ as if ”like taking candy from a baby”. Very easy money. Two “champions” in the legal arena; one with a full armamentarium of legal weapons, knowledge of legal protocol and procedure - the other virtually naked and unarmed. Care to put a little money on the probability odds of the Pro se winning? We are not saying that ALL ‘pro se’ parties lose, but the “odds” are not in their favor in these situations. The playing field is tilted in favor of the represented party.

The ‘pro se’ party in cases we know of is totally frightened of the court, intimidated by the age old etiquette governing functioning in court.

Let’s consider a few generic issues: Unreliable help from the court in serving papers and in compiling other necessary paper work. No full understanding of the Rules of Evidence, Rules of procedure, no knowledge of how to frame the case for presentation, no courtroom experience in examining witnesses, no techniques for dealing with almost constant barrage of, “I oppose” actions from the attorney for the other side. These are just a few (of many) items to consider. Then there is the matter of self-esteem and feeling unbelievably stupid in the alien legal culture of a family court (and this is doubly a problem for foreign litigants). Add to the ‘pro se’ nightmare the minimization of the problem (with good $$$ reason) by the bar and judges who vary greatly concerning: impatience, anger, put-downs, scoldings and kindness, patience and the very limited “help” from the bench that can be offered without challenges of  impairing their  “judicial impartiality”, fairness, “due process”. It is about ‘pro se’ FEAR, EMOTIONAL PAIN AND FEELING VICTIMIZED  in our Maine Family Courts.

Sorry, but that’s our reality check for readers of this document, and, remember, you asked for “public” comments. You might say that this is a ‘pro se’ comment. We are not a lawyers and no lawyer shaped our expression of concerns.

The ‘pro se’ problem more than anything else demonstrates the extreme (and growing) breakdown of justice in Maine courts and the near shameless financial opportunity afforded any lawyer who opposes a ‘pro se’ litigant! It is no wonder the “divorce industry" isn’t rushing to correct this embarrassing problem!

WE SUGGEST: We would suggest that the Court, the Governor, the Legislature submit a bill in January 2015 for an OPEGA Audit of  ‘pro se’ in our Maine courts. Let OPEGA look at: the numbers of cases, the growth of the ‘pro se’ trends, the experiences and feelings of ‘pro se’ litigants, the outcomes of their cases, the public perception of attitudes of family court judges about ‘pro se’, judges recommendations for change.

We would also suggest that an audit consider the question of what value do family courts provide to those going through divorce and custody?  Are family courts adding anything to the welfare of our Maine children and families? Or are they taking away?

Idealistically, we would imagine that these questions and others should be of interest to all three branches of Maine Government and to those involved in divorce and custody actions.  It would answer the “problem vs no problem” debate with facts and evidence.



MeGALert is working to bring about change and reform to Guardians ad litem and the Family Court system. If you have been involved in the Family Court process that makes no sense we urge you to contact us at MeGALalert@gmail.com or find us on Facebook for support and help.

Maine Voices: We must work together to ensure justice truly is for all in Maine - a response

Dr Jerome A. Collins response to Hon. Andrew Mead opinion.

To cut to the chase in my response to Justice Mead: the fundamental issue is how can democracy in America survive, if one of its major institutions, the Judiciary, is not fully and equally accessible to 74% of those 'pro se' (self representatives), who use family courts?  The 74% ‘pro se’ statistic comes from a very reliable source and was personally communicated to me after I submitted my essay for March 12th publication.  It is an astounding piece of data.  For context, it should be noted that the ‘pro se’ percentage varies from state to state and province to province in Canada, but it is better than 50% virtually everywhere.  Fundamentally, it means inequality of judicial service for the 74% that are forced by economics to do “do-it-yourself” lawyering.

In any democracy, courts of law are the major, socially approved "problem-solving" institution for society.  And when this is drastically unequal, our courts are in the embarrassing position of offering  a two tier quality of service.  Good quality justice for those who pay; second class justice for that very large demographic, the economically disadvantaged middle class.   It can only be seen as a major scandal for any democracy!  It raises many questions: How long has this been developing, why hasn’t the public been made more aware, when may we expect solutions?  My hunch is that current efforts at a repair of access to justice may suffer from the professional make up of those doing the problem-solving.  An overbalance of lawyers in the problem-solving, for example, may skew the perspectives of the problem.  Lawyers, after all, don’t have an access to justice problem!

It is nice to learn that The Justice Action Group is  working on a solution, but the access to justice problem seems to be escaping them.  As they work, it grows by leaps and bounds.  The 74% 'pro se' statistic is not a static; it is growing both here in Maine and in other states.  All the nice charitable basket of mini proposals that the Bar is developing, are not systemic solutions; they don’t touch 74%.  They seem "tokenistic", a band aid on a metastatic cancer that will not stay covered.

Justice Mead et al  need to look North to Canada and study some of the much more creative solutions being proposed for Canada's "Access to Justice" problem.  Canadians are saying that everyone, all citizens should have equal access to justice.  Must we in Maine settle for less?

Our strong suggestion is that a much broader problem solving process is needed asap.  We are talking about one of the pillars of any democracy, its system of justice.  The 74% statistic is a clarion call for more than just “repair” from a professionally composed, well-intentioned committee!

We need a major commission sponsored by all three branches of Maine’s government!  And we need it asap!

Jerome A Collins, MD
Kennebunkport, Maine 04046

For further information on the Family Court and divorce industry crisis please email at MeGALalert@gmail.com or find us on Facebook. In addition the report by Canada "Access to Civil & Family Justice - A Roadmap for Change" may be found here.