PRO SE ADVOCATES IN COURT

Non-lawyers can assist or represent litigants in court.

· JOHNSON V. AVERY, 89 S.Ct. 747

Members of group who are competent nonlawyers can assist other members of group achieve the goals of the group in court without being charged with "unauthorized practice of law"

· BROTHERHOOD OF RAILWAY TRAINMEN V. VIRGINIA , 377 US 1;

· NAACP V. BUTTON, 371 US 415 (1962);

· SIERRA CLUB V. NORTON, 92 S.Ct. 1561;

· UNITED MINE WORKERS V. GIBBS, 383 US 715;

The power of the states to control the practice of law cannot be exercised so as to abrogate federally protected rights

· NAACP V. BUTTON, 371 US 415 (1962);

· Sperry v. Florida 373 U.S. 379 (1963)

"Reasonable access to the courts is . . . a right [secured by the Constitution and laws of the United States], being guaranteed as against state action by the due process clause of the fourteenth amendment. In so far as access by state prisoners to federal courts is concerned, this right was recognized in Ex parte Hull, 312 U.S. 546, 549. . . . The right of access by state prisoners to state courts was recognized in White v. Ragen, 324 U.S. 760, 762, n. [1]." Hatfield v. Bailleaux, 290 F.2d 632, 636 (C. A. 9th Cir. 1961).

Pro Se (Without a Lawyer, representing self) pleadings are to be considered without technicality; pro se litigants pleadings are not to be held to the same high standards of perfection as lawyers.

· HAINES V. KERNER, 92 S.Ct. 594;

· JENKINS V. MCKEITHEN, 395 US 411, 421 (1969);

· PICKING V. PENNA. RWY. CO. 151 F.2d 240;

· PUCKETT V. COX, 456 F.2d 233.

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ASSISTING MGL 209A ABUSE ORDER DEFENDANTS

Massachusetts Guidelines on Domestic Violence:

2:08 Role of Advocates in Assisting Parties. The court should support the participation of advocates at each stage of the c. 209A process, regardless of whether such persons are volunteers from a local advocacy group, law students, employees of the district attorney or of some other state, community or legal service agency, or friends or family members of either party. Where possible, such support should include providing an area of the courthouse where advocates can operate, allowing sufficient time in the complaint filing process for an advocate to speak to the party, individually or, if there are multiple parties, in a group setting, and to assist the party in filing the complaint, and permitting the advocate to accompany the party, when so requested, to the courtroom. See Guidelines 1:04, 3:09 and 5:02. Advocates should coordinate their efforts with the appropriate staff in each court.

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