Vol. 75, No. 8, August
2002
ABA launches campaign, promotes public
discussions on democracy and the Constitution
"Sept. 11 was a vivid reminder that we must not take our liberty and
freedom for granted," ABA President Robert Hirshon told attendees at a
National Press Club Newsmakers breakfast when he unveiled plans to
launch a major, national ABA initiative on July 1. The initiative
highlights the importance of the U.S. Constitution and debate in our
society and seeks to engage Americans in discussions about how our laws
preserve democracy and make us secure.
"Unless we pass our values on to our children in ways that make
democracy relevant to them, there is no guarantee that what we have and
cherish today we will have tomorrow," said Hirshon. "Our nation's
security is fundamentally linked to the values and beliefs embodied in
our Constitution."
To underscore the importance of debate, the ABA is using print
advertising to raise the visibility of these issues. The initiative also
includes a continued commitment to the ABA's Dialogue on Freedom, a
national program exploring American values and civic traditions through
classroom discussions between lawyers or judges and high school
students, and a new series of town hall meetings nationwide that provide
a forum to raise and discuss the issues that our nation faces in this
new era.
Hirshon unveiled an advertisement depicting a child sleeping under a
blanket imprinted with the U.S. Constitution, conveying that our
national identity and security stem directly from the rights and
obligations written into our Constitution. Titled "Security Blanket,"
the ad debuted on July 8 in newspapers in Atlanta, Chicago, Dallas, New
York, San Francisco, and Washington, D.C. A second advertisement will
provide a provocative invitation for Americans to join a pro-con debate on electronic
surveillance. It is the first in a series of advertisements that examine
legal questions of particular interest to the public and that "debate"
opposing views on each topic.
"Our intention is to select issues that are matters of genuine
debate, where reasonable people differ - perhaps strongly - in a
reasonable way," Hirshon said.
For more information, visit the ABA's Web site.
Self-represented litigation is on the
rise
In a statewide survey conducted approximately two years ago by the
Dane County Clerk of Courts, 98 percent of the clerks who responded
reported an overall increase in self-representation in the preceding
five years.
A two-month snapshot of family cases filed in Dane County in 1999 and
2002 reflects that the number of cases in which both parties are pro se
litigants steadily increased from 48 percent to 60 percent.
Family cases in which both parties are represented by counsel
decreased from 21 to 13 percent for this same time period.
New Supreme Court Rule guides court
staff
The Wisconsin Supreme Court recently adopted SCR 70.41, effective
July 1, to guide court staff when assisting individual court users. The
guidelines concept originated from the Wisconsin Pro Se Working Group, a
committee of the Office of the Chief Justice. Subsequently, a committee
comprised of representatives of the judiciary, State Bar, and clerks of
circuit court, a district court administrator, and a member of the state
law library staff crafted a petition based on a report that found court
staff need and want guidance on how much information they can properly
give to the public, particularly self-repre-sented litigants, without
giving legal advice.
"The new supreme court rule provides much-needed direction to clerks
of court who are often the gatekeepers to the courts," says Wisconsin
Clerks of Circuit Court Association president Judy Coleman. "These
guidelines also will result in a more uniform level of assistance to
court users statewide.
"More clearly delineating what information court staff should provide
reinforces the obligation and importance of providing access to the
courts and fulfilling the public expectations in terms of quality
customer service," Coleman says. "More clearly delineating what
information court staff should not provide reinforces the need for court
staff to be neutral and impartial in their dealings with court users.
Lack of direction on what is legal advice should not be a barrier to
providing service to the public."
The Wisconsin Clerks of Circuit Court Association, Wisconsin
Association of Municipal Court Clerks, and Registers in Probate
Association submitted the petition to the supreme court. Newly created
Supreme Court Rule 70.41 is published in the June Wisconsin
Lawyer.
Wisconsin Lawyer
