Last year, the Conference of Chief Justices and the Conference of State Court Administrators passed a joint resolution recommending the adoption by state courts of alternative model language for Rule 2.2 of the Model Code of Judicial Conduct specifically referring to self-represented litigants (SRLs). The resolution also recommended the development of comment language specifying actions judges might take to facilitate the ability of SRLs to be fairly heard.
Since the adoption of the joint resolution, several states and the District of Columbia have adopted language specifying measures courts may take, consistent with the Code of Judicial Ethics, to assist SRLs. The language adopted in the District of Columbia is representative: “The judge has an affirmative role in facilitating the ability of every person who has a legal interest in a proceeding to be fairly heard. Pursuant to Rule 2.2, the judge should not give self-represented litigants an unfair advantage or create an appearance of partiality to the reasonable person; however, in the interest of ensuring fairness and access to justice, judges should make reasonable accommodations that help litigants who are not represented by counsel to understand the proceedings and applicable procedural requirements, secure legal assistance, and be heard according to law.”
