Self-represented litigants want more respect from judges
Law researchers from the University of Windsor want judges to be more understanding of people handling their own cases.
The National Self-Represented Litigant Project has sent a letter to the Canadian Judicial Council stating people representing themselves feel like judges are not treating them with enough respect.
Susan Rehel alleges her lawyer botched her divorce case, so she had to take matters into her own hands, but she didn't expect the judge to be so unsympathetic.
"I was greeted with a very stern, 'I am not Judge Judy' and [was told] I could certainly 'be better off if I had legal counsel,'" said Rehel.
Pastor Derek Parry tried to handle his own divorce case when he ran out of money, but one judge didn't think he should be there alone.
"One judge said very plainly to me, 'There' s a reason why we do not allow people to do their own dental surgery,'"
Windsor judge Lloyd Dean says it can be difficult for judges in these situations as well.
"Sometimes it's a matter of unappreciation of a judge's role and so they feel a judge may be critical in their language or the way they speak to them, but a judge is in an awkward position because they have to be seen as neutral or unbiased in a proceeding."
The letter sent to the Canadian Judicial Council is asking for judges to keep in mind three main things:
- The litigants aren't there for a good time
- They want to be treated with respect
- They are probably not at their best when under such a stressful situations as a courtroom
"I think that what many judges are trying to do is to discourage people, and many self reps describe being constantly told, every single time they appear, 'Go and get a lawyer,'" said law professor Julie MacFarlane, who's leading the charge.
Many people can't afford one, and more than half of the family law cases are being handled by the litigants themselves, she explains.
The researchers said more than half of family law litigants are handling the cases without lawyers.
