Since I began working for an organization that provides free legal aid for domestic violence victims,  I’ve come to notice one definitive trend amongst those who seek our services — a reluctance to become engaged in a court proceeding. Yes, a lot of  our clients’ desire to avoid the courtroom stems from a fear of facing off with their abuser but I don’t think that is the sole reason. Another motivating factor is a fear of the court system itself, a mistrust in the system’s ability to provide the justice is was built to dispense.

“Justice is the truth in action” the wall of one particular courtroom in a  NYS Supreme Courthouse reads but the truth according to whom? Getting to the truth of the matter in court is not always so simple, even when one has a lawyer. There are rules and procedures for filing court documents, for having evidence admitted, for soliciting testimony. The regulations are endless and can vary between courts. It can be difficult for even the most veteran attorney to recall, but what if I don’t have an attorney? What happens to me then? Even the NYS Family Courts, which are said to “pro se” friendly, can be hard to navigate. If I do manage to file, serve the opposing party properly and make it to my initial court appearance, that is only the start. Take for example,  a child support case, what if my abuser works off the books, I have had no access to our bank accounts or tax returns and he is claiming to have no income? How is the truth about his income going to come out unless I know how to make my case?  How would I know how to make my case if I had not gone to law school? How will justice be carried out?

Beyond just procedural difficulties, the court is built on an air of authority. Yes, sir, no m’am. Its proper and its formal and its intimidating. You wait in long lines at the public entrance and enter through metal detectors; the security guards eyeing you with suspicion. The court staff is overworked and overwhelmed; getting straight answers to your questions can be difficult, if not impossible. You arrive at 9:30 am and don’t see a judge until three hours later; you are on the court’s schedule now, forget about making it to work today. You learn to speak only when you are spoken to, but  sometimes you are too nervous to say what you really need to say to the judge.  One client of ours who had represented herself in a proceeding lamented to me  “Everything happened so fast, I could never get a word in edgewise and even if I had, I didn’t know what to say. It never seemed like the right time to bring up what I had to say.”  Because it was “never the right time” to say what she needed to say, the client endured months of additional harassment that could have been stopped had she known to ask the judge to modify her Order of Protection.

Despite its shortcomings, the court system is, of course, a magnificent tool that can provide our social work clients will invaluable relief. An order from a court can be the difference between a family keeping their apartment or becoming homeless; it can provide safety for a mother and her children who have long suffered abuse; it can allow someone who is wrongfully accused to go free; it can give a crime victim back their peace of mind. The question is though, how can we help our clients to navigate the court system so they can obtain court orders to their benefit? How can we make it easier for them? We can try to find them a lawyer by contacting  Legal Services: NYC,  New York Legal Assistance Group or The Legal Aid Society on their behalf. When thats not possible,  as a  last resort, we can sit with them and look for  the proper court forms on Ecourts perhaps. While we are not lawyers and cannot give advice, two heads might prove to be better than one in determining how to fill in the court papers. At the very least, we should  be able to deduce what information the client will need to have with them when they file or attend a hearing.  Maybe its more a matter of helping out clients to work out the logistics…  Can we help them to arrange days off with their employers so that they can attend  their court hearings and wait just as long as it takes? Maybe we can  map out the court’s location, find out where to file or look into what courtroom and which floor their hearing will be held? Just easing some of the initial anxiety of even getting themselves to the courthouse may be extremely helpful. Could we go with them for moral support? This way the client will know that even when they are standing alone in front the judge, there is someone who has their back sitting a few rows behind.  Maybe it all comes down to advocacy again. Can we change the system and help it to become more user friendly? Can we build trust in the court system and improve outcomes?

This is an issue I think of a lot when I go over to the courthouse and, to be honest, I really just end up with more questions than solutions (as you may have noticed) but  I’m thinking about it, and now maybe you are too…I guess thats a start.

PS. Check out this interesting article about the immigrant population and their fear of justice system….