New program helps individuals navigate the judicial system
VIEWPOINT
To commemorate National Judicial Outreach Week (March 1-10), Hawaii state judges are reaching out to our communities to foster better understanding of the rule of law — the legal principle that every citizen is subject to the law, that no one is above the law, and that everyone is equal before the law. The courts are charged with safeguarding this fundamental principle of our democracy, and applying it equally to maintain open and transparent government, ensure fairness in our justice system, and protect the legal rights of all citizens.
To uphold this ideal of fairness, it is important that the courts remain neutral at all times to ensure that each party has an opportunity for a full and fair hearing. Because of this, judges cannot favor one party over another.
With this in mind, the Judiciary recognizes that many in our community do not understand the legal system, nor do they know how court processes and procedures work. This may result in people possibly not exercising the rights afforded to them by law. For example, some don’t know that they need to be in the courtroom ready to respond when their cases are called. Because of that, they are likely to lose their cases.
Although judges cannot advise those involved in court matters, the Judiciary can give general assistance to people seeking court services to help them make best use of the system that was created for their benefit.
For example, last year the Judiciary launched a Volunteer Court Navigator pilot program to assist those without attorneys who appear in Maui District Court at Hoapili Hale for cases such as landlord-tenant, debt collection and non-family temporary restraining orders (TROs).
These volunteer navigators are posted at various high traffic points in the courthouse and are easily identified by their large orange “Volunteer Court Navigator” badges. In addition to giving directions to the courtrooms, the volunteers determine if self-represented individuals need interpreters, or accommodations for sight or hearing impairments. Before court, navigators also inform self-represented individuals of court procedures, resources available in the courthouse such as a self-help center and a service center, and the availability of free mediation services.
In the courtroom, navigators can remind self-represented litigants to stand and approach the court when their case is called. They also take notes so that they can answer basic questions afterward, and provide general information on how to access mediation services.
Two important notes:
1) Navigators cannot provide legal advice.
2) The program is open to all self-represented litigants in a certain civil cases. For example, both landlords and tenants can ask a navigator for help.
To date, navigators have served during every debtor-creditor, landlord-tenant, and non-family TRO court session.
Navigators typically serve 12 to 18 self-represented litigants per court session. Since June, over 200 persons have received assistance from a navigator, and all of the navigators have received ratings of “excellent” from those who completed an evaluation form. The success of the program has resulted in the Hawaii Supreme Court making the navigator program permanent on Maui. Two other states are now considering following the Maui model to establish their own navigator programs.
Our system of justice works best when serving a well-informed population. The Volunteer Court Navigator program helps bridge the gap for those who are unfamiliar with the courts, and creates greater opportunities for everyone to avail themselves of the rights and liberties provided by law.
The Maui courts sincerely appreciate the dedicated service provided by the Volunteer Court Navigators. The courts welcome individuals wishing to serve as navigators. The program currently has 12 volunteers, including former jurors, retirees from a variety of occupations, attorneys and others. The only qualification needed is a desire to be of service to others. Please consider joining us to serve your community.
For more information, please contact the Office of the 2nd Circuit Chief Court Administrator at (808) 244-2929.
* Joseph E. Cardoza is chief judge of Hawaii’s 2nd Judicial Circuit.
