“These new guidelines provide important guidance to judges concerning the kinds of steps that they can and should take, without violating their obligation of impartiality, to ensure that cases involving self-represented litigants are fairly heard,” said Chief Justice Kimberly S. Budd in a statement to the Massachusetts Court System. “I would like to thank the members of the committee that drafted the guidelines for their dedication to this project.”
In contrast to criminal cases, civil cases litigants who cannot afford an attorney do not have a right to appointed counsel. While some of these litigants may be able to obtain representation from legal aid attorneys or pro bono counsel, many must represent themselves. In certain civil case types, 80% or more of the cases involve at least one self-represented litigant.
