Using Idaho’s Court Assistance Publications to Enhance Public Library Service

by Ruth Patterson Funabiki

Introduction

Idaho’s public libraries are often the first stop for legal information seekers.  Over thirty years ago, Leone (1980) noted the increasing numbers of self-representing or pro se litigants performing research in public law libraries and addressed malpractice liability concerns for law librarians serving those patrons.  Although librarians have continued discussions about the ethical and professional aspects of answering reference questions concerning legal matters, Harrell (2008) suggests that law librarians, at least, can be proactive in making necessary adjustments in their collections and services.

Although librarian liability may not be a huge threat, the role of a librarian in responding to a patron is limited by ethical and professional constraints (Condon, 2001; Dugan, 2001).  Librarians may not ethically offer legal advice.  However, as Healey (2008) points out, “… there are no clear standards with which to determine what constitutes legal advice.”  Healey goes on to provide a short list of activities that most law librarians try to avoid:  “Interpreting any term, statute, or case; suggesting search terms or topics; advising users about what kind of law to look for; selecting, discussing, or assisting with any forms; agreeing or disagreeing with any legal opinion or argument made by a user (Healey, 2008).

Fortunately, many libraries have been able to link to online services and acquire published resources to meet patron needs without asking reference librarians to practice law without a license.  Law Librarians have addressed the need both with recommendations for library websites (Sims, 2004) and bibliographies such as the Guide to free online legal and legislative resources (Cramer, 2002).  The demand for self-help legal materials also resulted in Nolo Press, Sphinx Publishing, and other similar publishers creating numerous legal how-to popular press books.   Many of those publications are extremely well-written by attorneys who are experts in the applicable field.  Unfortunately, few mass market books address Idaho law.

Idaho’s Court Assistance Program

The needs of self-represented litigants are an even larger problem for the courts.   According to the Court Assistance Office (CAO) Project website, some counties in Idaho are currently reporting that eighty percent or more civil cases–especially family law cases–involve self-representation (Court Assistance Office, 2012).   By the end of the last century, state courts throughout the country began to address the problems posed by shrinking budgets and increasing numbers of pro se litigants.  In 1999, the Idaho Supreme Court joined that movement, creating the Courthouse Assistance Office as a pilot project.  The Office took on the responsibility of assisting court clerks with responding to the legal procedural needs of self-representing citizens who were attempting to navigate in Idaho’s state court system.  The Office places staff in every judicial district, and it maintains kiosks with over sixty brochures in county courthouses and in public law libraries.  Since 2001, the Office has been funded by the Idaho Legislature.

Court Assistance Online Resources

More recently, the Office created a website.  The website is intended to provide “tools and information for people who want to represent themselves in court, or who are unable to afford an attorney and would otherwise be unable to get their day in court” (Court Assistance Office, 2012).  The website offers an assortment of resources, including forms, publications, an attorney search page and legal services directory.

            Idaho’s Court Assistance web page is located at http://www.courtselfhelp.idaho.gov/

Two of the tabs on the CAO page are of particular interest to librarians.  Many library patrons are simply seeking the legal forms that are appropriate to their needs.  Lists of linked forms are found under the “Forms” tab.  In addition, over seventy brochures and booklets are listed under the “Publications” tab.   Clicking on the individual titles links the user with PDF copies of the same brochures provided in courthouse kiosks.Many of the Court Assistance publications are remarkably clear, helpful, documents that Idaho citizens can use to address their legal questions.  For example, the titles include: Divorce, Property and Debts: Things You Need to Know; Landlord & Tenant’s Rights and Responsibilities; So You Want to Bond Someone Out of Jail; and Bankruptcy Basics.  Publications not authored by Court staff have been prepared by reliable sources such as Idaho Legal Aid or the Idaho Trial Lawyers Association.  A number of the pamphlets are available in Spanish as well.

Creating Catalog Records to Improve Access

The Court Assistance publications could be extremely useful to Idaho’s public library patrons.  However, even though the Court Assistance publications are readily available in county courthouses and public law libraries, they have not been promoted to public or academic libraries.  Because the publications are online in PDF form, they are available to anyone who has Internet access.

In an effort to promote the publications, a librarian at the University of Idaho created OCLC catalog records for all of the Court Assistance PDF publications.  By downloading the catalog records, a public library can add the entire collection of Court Assistance publications as e-resources.  A list of the publications and their associated OCLC record numbers is appended to this article.

Conclusion

Idaho’s Court Assistance Office is a valuable resource for assisting self-representing litigants in Idaho’s state courts.  Public libraries can perform a valuable public service by making these resources available in libraries as well.  Attaching holdings to the new OCLC catalog records and incorporating the Office’s publications in library catalogs will bring these well-written and reliable resources to the attention of public library patrons.

Ruth Patterson Funabiki, Law Library, University of Idaho, Moscow, Idaho

References

Condon, C. J. (2001). How to avoid the unauthorized practice of law at the reference desk. Legal Reference Services Quarterly, 19(1), 165-179.

Cramer, J. (2002). Reference Services Review, 30(2), 150-159.

Duggan, J. E. (2001). Patrons and the PC: What problems should reference librarians solve?. Legal Reference Services Quarterly, 19(1), 5.

Healey, P. D. (2008). Professional liability issues for librarians and information professionals. New York: Neal-Schuman Publishers.

Idaho. Idaho Court Assistance Office website http://www.courtselfhelp.idaho.gov/

Leone, G. (1980). Malpractice liability of a law librarian? Law Library Journal, 73, 44-65.

Sims, L. (2004). Academic law library web sites: a source of service to the Pro se user.  Legal Reference Services Quarterly, 23(4), 1-28.

Appendix