Self-Representation
Pro Se Statistics
Memorandum
| Date: |
September 25, 2006
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|
By: |
Madelynn Herman |
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Re: |
Pro Se Statistics |
The
Knowledge and Information Service was asked to provide information on
the numbers of self-represented litigants in the courts.
Courts
are continuing to see an increase in the numbers of litigants who
represent themselves. Self-represented litigants are most likely to
appear without counsel in domestic-relations matters, such as divorce,
custody and child support, small claims, landlord/tenant, probate,
protective orders, and other civil matters. While national statistics
on the numbers of self-represented litigants are not available,
several states and many jurisdictions keep track of the numbers of
self-represented litigants in their courts. The following list of
online reports provides a snapshot of statistics in various
jurisdictions around the country, divided into four main categories:
State Court Pro Se Statistics
Committee
on Resources for Self-Represented Parties. Strategic Planning
Initiative. Report to the Utah Judicial Council, July 25, 2006. (Report available through www.selfhelpsupport.org).
This committee report provides recent statistics on the nature of
self-represented parties in Utah:
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For
divorce cases, 49 percent of petitioners and 81 percent of
respondents are self-represented.
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For
small-claims cases, 99 percent of petitioners and 99 percent of
respondents are self-represented.
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80
percent of self-represented people coming to the district court
clerk’s office seek additional help before coming to the
courthouse. About 60 percent used the court’s Web site, 19
percent sought help from a friend or relative, 11 percent from the
court clerk, and 7 percent went to the library. In the justice
courts, 59 percent sought no help.
Report
of the Joint Iowa Judges Association and Iowa State Bar Association
Task Force on Pro Se Litigation (May 18, 2005). American Judicature
Society Web site. This report states:
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Information pulled from a random survey of a
week of district court schedules in Woodbury County (district
judges only), showed there were 72 cases where at least one party
was not represented by council out of a total of 125 cases set for
that week, or 58% of cases (week of June 7, 2004). Other judges
and court personnel report similar information (p. 1).
Challenge
to Justice—A Report on Self-Represented Litigants in New Hampshire
Courts—Findings and Recommendations of the New Hampshire Supreme
Court Task Force on Self Representation.
State of New Hampshire Judicial Branch (January 2004). This recent
report provides some statistics on pro se litigants in New Hampshire.
For example:
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One
party is pro se in 85% of all civil cases in the district court
and 48% of all civil cases in the superior court.
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In
probate court, both sides are unrepresented by lawyers in 38% of
the cases.
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In
superior court domestic relations cases, almost 70% of cases have
one pro se party, while in district court domestic violence cases,
97% of the cases have one pro se party (p. 2).
California
Statewide Action Plan for Self-represented Litigants. California
Judicial Council Task Force on Self Represented Litigants (2004).
See page 2 for statistics. For example:
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Over
4.3 million court users are self represented in California.
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For
family law cases: 67%
of petitioners at filing (72% for largest counties) are
self-represented and 80% of petitioners at disposition for
dissolution cases are self-represented.
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For
unlawful detainer cases: 34% of petitions at filing are
self-represented, and over 90% of defendants are
self-represented.
Hough, Bonnie
Rose. Description
of California Courts Programs on Self Represented Litigants. A
paper prepared for a meeting with of the International legal aid
group—Harvard (June 2003). This report provides quite a few
statistics on self-represented litigants in California. For example,
the report states:
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In
San Diego, for example, the number of divorce filings involving at
least one pro se litigant rose from 46% in 1992 to 77% in 2000.
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A
review of case files involving child support issues conducted by
the Administrative Office of the Courts between 1995 and 1997 show
that both parties were unrepresented in child support matters 63%
of the time, and that one party was unrepresented in an additional
21%.
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In
a recent survey of pro se assistance plans submitted to the
Administrative Office of the Courts by 45 of California counties,
estimates of the pro se rate of family law overall averaged 67%.
In the larger counties, the average was 72%.
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In
domestic violence restraining order cases, litigants are reported
to be pro se over 90% of the time.
Pro
Se Statistics from Florida Judge McDonald.
9th Judicial Circuit Court of Florida. Judge McDonald
tracks pro se statistics in his family court in Osceola County
Florida:
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Percentage
of Hearings where there was at least one Pro Se Litigant for 2001
= 73%.
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Percentage
of Hearings where there was at least one Pro Se Litigant for 2000
= 72%.
-
Percentage
of Hearings where there was at least one Pro Se Litigant for 1999
= 66%.
John
Voelker. Wisconsin
Pro Se Task Force Report. The Wisconsin Pro Se Working Group.
A Committee of the Office of Chief Justice of the Wisconsin Supreme
Court (December 2000). This report states:
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In
some counties, as many as 70% of family cases now involve
litigants who represent themselves in court.
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Table
1 shows an increase in pro se litigants in family law cases from
1996 (43%) to 1999 (53%) in the Tenth Judicial Administrative
District.
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Table
2 shows an increase in pro se litigants in family law cases from
1996 (69%) to 1999 (72%) in the First Judicial Administrative
District.
Report
of the Boston Bar Association Task Force on Unrepresented Litigants
(August 18, 1998). For
example:
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In
every court studied by the task force, litigants without lawyers
are present in surprising numbers. In some counties, over 75% of
the cases in Probate and Family Courts have at least one party
unrepresented.
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In
the Northeast Housing Court, over 50% of the landlords and 92% of
the tenants appear without lawyers in summary process cases.
Miscellaneous
Pro Se Statistics Available Online:
Washington
State Pro Se Statistics. The Superior Court Statistical Reporting Manual. Washington Courts. The
Washington Courts track pro se cases by case type, however, this
webpage does not provide the statistical reports.
Probate
and Family Court Department Pro Se Statistics 2005.
Numbers are provided but not percentages.
Pro
Se Statistics Data Collection Summary Sheet. Boston
Bar (December 1997).
Statistical
Overview.
Supreme Court of Louisiana—Two Year Trend in Activity.
This overview provides statistics including pro se writs filed,
refused, and granted for 2000.
State
Appellate Court Pro Se Statistics:
Montana
2005 Pro Se Statistics.
Montana Supreme Court. The statistics provided in this report include
civil, criminal, and inmate appeals. For example:
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33.19%
of all filings in the Montana Supreme Court are pro se
cases.
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Of
those pro se filings, the majority (71.02%) are filed by inmates,
while only 28.98% are filed by non-inmates.
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That
means that 23.57% of all of the Court’s cases are filed by pro
se inmates, and 9.62% of all cases before the Court are filed by
non-inmate, pro se litigants.
New Mexico
Court of Appeals Pro Se Statistics. For example:
Federal
Court Pro Se Statistics:
U.S.
Bankruptcy Court Statistics.
Eastern District of California. Pro se district filings are
listed:
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17%
of filings were pro se in January 2006.
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17%
of filings were pro se in February 2006.
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15%
of filings were pro se in March 2006.
Statistics
on Pro Se Filings in the U.S. Bankruptcy Courts for the District of
Massachusetts.
These statistics provide a comparison of pro se debtor cases to
total bankruptcy cases.
Other
Statistics:
Critical
Issues: Planning Priorities for the Wisconsin Court System Fiscal
Years 2006-2007 and 2007-2008. Wisconsin Supreme Court (May 2006); This report states:
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80%
of circuit court judges and family court commissioners are trained
in technology for managing litigation involving in self
represented litigants.
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50%
of counties measure the level of satisfaction of self-represented
litigants.
Ryan
Craig Munden. Access
to Justice: Pro Se Litigation in Indiana (Fall 2005). From the
American Judicature Society website:
Anne
Zimmerman. “Going
Pro Se.” Wisconsin Lawyer (December 2000). This article
provides several statistics and quotes the 1991 American Bar
Association study of family law cases in Maricopa County,
Arizona:
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In
88% of divorce cases in Maricopa County Superior court, at least
one litigant was self –represented.
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The
author also states, “In a 1999 statewide survey of clerks of
court, 98% of the respondents noted increases in the number of
self-represented litigants over the preceding five years. While
most clerks characterized these increases as moderate, nearly 20
percent considered them dramatic.
The
Future of Self-Represented Litigation: Report from the March 2005
Summit.
Williamsburg, VA: National Center for State Courts (2005). This
publication provides a wide range of papers describing several
innovative solutions to meeting the needs of pro se litigants as well
as provides various statistics. For example:
·
From
Paper 1: Framing the Issue
by John Greacen, “We have learned the following about programs
provided by the courts that serve self represented litigants:
o
The
rates of usage vary dramatically, with only a third of self
represented litigants taking advantage of the courts’ programs in
some jurisdictions, while 80% use the programs in other jurisdictions.
o
That
programs tend to serve many more plaintiffs than defendants (with
ratios ranging from a low of 2.5 plaintiffs for every defendant for a
high of 15 plaintiffs for every defendant) in family law cases; the
converse is true in landlord tenant and debt collection cases.”
John
Greacen. Self
Represented Litigants and Court and Legal Services Responses to their
Needs: What We Know. California Judicial Council, Center for
Families, Children, and the Courts (2002). This article provides a
host of statistics on pro se litigation in various jurisdictions as of
2002.
Ayn
Crawley. Trends
in Pro Se Litigation. Maryland Legal Assistance Network.
Statewide statistics of over 40,000 self-represented users of programs
in Maryland in 2002 show:
o
38% -
Divorce/Annulment/Separation
o
32% -
Custody
o
16% -
Child Support
o
11% -
Visitation
o
3% -
Alimony/Name Change and Paternity
Self
Help Program Models—Report to the Legislature
(March 2005) California Courts, Equal Access Project links to several
reports on specific self help program models are provided. Within
these reports, many program statistics are provided. See also the many
appendices. For example, Appendix G reports on customer satisfaction
with self help programs.
Selfhelpsupport.org
is a national clearinghouse for information related to
self-representation. This (free) membership site provides links to
over 1500 related publications, reports, or websites.
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