Vol. 32, No. 1, 4. Access to Justice: A Judge's Perspective.

• Author: By Hon. Scott W. Skavdahl

Wyoming Bar Journal

2009.

Vol. 32, No. 1, 4.

Access to Justice: A Judge's Perspective

Wyoming Lawyer Issue: February, 2009 Access to Justice: A Judge's Perspective By Hon. Scott W. Skavdahl

The words sound regal and the concept of providing access to justice sounds good. But what does it really mean and is it really that important? As a practicing attorney, I had little concern or appreciation for access to justice. My clients could pay the filing fee and my fee. What more was there to be concerned about, right? Wrong. The integrity of our legal system and the quality of justice it delivers requires access to justice be defined by more than merely words, packets or forms. It is substantive. Let me explain why I now feel this way and why I believe it is imperative that the words "access to justice" are given substance and meaning. As a judge, one of your biggest concerns is that in rendering your decision you have considered all the relevant evidence, considered the controlling precedent and made a legally correct decision. To achieve this result the judge is dependent, in part, upon the parties having presented all of the relevant evidence and controlling legal precedent. In the ideal scenario, counsel for the parties will have researched the legal issues, developed the facts and evidence to support their client's position and then presented their respective case to the Court. Based upon a complete understanding of the relevant facts and guiding legal precedent, the Court would then render a decision that is legally correct and justice is, at least, theoretically served. While the losing party is certainly disappointed, he/she had a full and fair opportunity to have the judge hear and consider his/her side of the story and consider his/her legal position. Moreover, to the extent the judge did not get it right, the record on appeal has been made and the trial court's decision can be reviewed to ensure that justice is done. Justice prevails. Sounds good. So, what's the problem? The problem is that this scenario is becoming atypical, to the detriment of all.

More and more litigants are appearing pro se. In fact, more and more cases are occurring where both parties are appearing pro se. Whether it is in the form of a packet for divorce with children or armed with a $75.00 prepare-it-yourself guardianship packet from...