You know how the court system is always telling self represented parties that we are supposed to act like attorneys in every way and follow all the required court procedures? Apparently, we aren't entitled to any special treatment because we are self represented parties.
But don't we know how hypocritcal that is! Don't we know how attorneys are given preferential treatment over self represented parties on many occasions!
Well, this past week I found out another way in which attorneys get preferential treatment--in appellate court. Up until now, a clerk at appellate court has informed me, there has been an internal policy in appellate court denying self represented parties access to preargument conferences. Apparently, only attorneys have been given the opportunity for preargument conferences.
Can you believe that! I don't know about you guys who are self represented parties, but I am getting a little sick and tired of being told I have to live up to the same exalted standards regular attorneys have to live up to while at the same time enduring constant and ongoing discrimination within the judicial system against me as a self represented party.
Come on, now, enough is enough!!!
The other situation I can't stand is when judges reveal their prejudice outright, ruling against you, and then when you try to argue your point further, they make it clear they will only listen if you have an attorney to argue on your behalf: "Go get an attorney!"
Isn't it our constitutional right to represent ourselves before the court, and when we represent ourselves don't we have the right to equal justice before the law?
Luckily, I have been informed by an appellate court clerk that this particular policy of excluding self represented parties from preargument conferences in appellate court will be changed as of January 1, 2012. For the future, as of that date, self represented parties will be allowed access to the preargument conference. And even now, in advance of this change, since we are so close to the end of the year, the clerk told me that if you request a preargument conference you will most likely get one.
I say that somewhat guardedly because when I then asked for a preargument conference in my case, I didn't get one. Maybe I have cooties or something!
Important Point: Since opening up preargument conferences to self represented parties is such a new policy, I wouldn't wait passively to have your case deemed appropriate. Give the clerk a call and demand a conference.
For those of you self represented parties who will hopefully have access to preargument conferences in the appellate court, here is a quick overview of what is involved.
Take a look at the Handbook of Connecticut Appellate Procedure (handed out free of charge to all self represented parties at the appellate court) on pages 9 and 10, which is section #4 of the Handbook. Yes, I know this handbook was written in 2003, but it provides a good foundation for what you need to know. Just make sure you are up to date by rechecking anything I have said here with the most recent Connecticut Practice Book.
Purpose of the Preargument Conference: Essentially, the preargument conference is carried out pursuant to Connecticut Practice Boook Section 63-1. It is ordinarily conducted by judge trial referees (retired judges over the age of 70) or senior judges.
There are three purposes to the preargument conference:
1. The conference helps attorneys "identify their strongest and weakest claims" to see whether their case is worth pursuing further. In doing so, each attorney will outline what the issues are on appeal and cite the authorities supporting their positions;
2. The pretrial conference allows attorneys to discuss with the judge the possible settlement of the case;
3. Pursuant to the Connecticut Practice Book Section 65-1, it allows the judge to consider whether the case should be directly transferred to the Supreme Court.
Preparation for the Preargument Conference: Preargument conference statements must be filed in advance of the conference in accordance to the Connecticut Practice Book Section 63-4(a)(5).
Along with the statement you should file:
1. A copy of the trial court's written memorandum of decision or a copy of the transcript of the trial court's oral decision, if the transcript is available and
2. A copy of your preliminary statement of issues.
In cases deemed appropriate by the Chief Justice, Chief Judge or designee the parties are informed by letter of the date and location of the conference.
(As I said previously, until now no cases including a self represented party were deemed appropriate! What a lovely loophole to use in order to evade the requirement that you provide equitable treatment to all litigants! Well, that group over there just wasn't "deemed appropriate"--RIGHT!)
Anyway, apparently they are deemed appropriate now, so self represented parties, pay attention to these instructions so you can take advantage of this new opportunity that is opening up for you.
Pursuant to Connecticut Practice Book Section 63-10 all clients must be present at this meeting or else.
The handbook continues on to say that experience has shown that settlement in a case is more likely to occur before the parties have invested time and money in writing briefs, so conferences of this kind are ordinarily scheduled prior to submission of the briefs. If briefs are anticipated, they are ordinarily delayed until this preargument conference has taken place.
The discussions that take place during this conference are confidential and subsequently direct disclosure of the content of these discussions during oral argument before the appellate court is not allowed.
Is it of any value to attend these preargument conferences? I don't know. I think it depends upon your level of experience in litigating as a self represented party. I have attended pretrial conferences and found that because I was self represented the judge simply blew off the conference and the opposing party resorted to hot air and rhetoric rather than a serious discussion of the issues. That was a waste of my time.
However, since I now have more experience, I think I could do a lot better job next time. It really is up to you to utilize your skills of self assertion and knowledge of the law in order to demand that the conference be conducted properly. I generally consider any opportunity the court gives you to speak up about your case, no matter how small or seemingly insignificant, an important opportunity to refine and focus your approach and make it better.
No comments:
Post a Comment