shlep: the Self-Help Law ExPress

On Monday, May 22, the Supreme Court decided Winkelman v. Parma City School District, which Shlep has been covering as it made its way through the courts.  To recap briefly, the case involved two parents, the Winkelmans, of a disabled child who were unsatisfied with the education their son was receiving under the Individuals with Disabilities Education Act (IDEA).  After going through the proper administrative channels, the Winkelman’s appealed to federal court, acting as their own, or alternatively as their son’s, counsel.  The case was dismissed in the Sixth Circuit because the parents were held to not have a right to bring the case to court under IDEA and alternatively, not to have the right to act pro se on their child’s behalf. 

On May 22, the Supreme Court held that parents have a cause of action under IDEA.  They therefore did not reach the question of whether parents may act pro se on their child’s behalf.  However, as Scalia pointed out in his dissent:

Both sides agree…that the common law generally prohibited lay parents from representing their children in court, a manifestation of the more general common-law rule that nonattorneys cannot litigate the interests of another.

It is difficult to guage from the opinion whether the Court would now be open to reconsidering that rule.  The Court does note the tradition that parents have a special interest in their children’s education, but this is a far cry from extending that right to representing the child in legal matters before the court, even those dealing with this fundamental right.

For more commentary, SCOTUSblog  covered this decision in depth, and also links to media coverage at NPR, the New York Times, the Washington Post, and elsewhere.

   Yes, this is totally off topic.  In case you’re also snowed-in this morning, commiserate with me over at f/k/a in wearing’ o’ the white.  It’s weblog recycling and self-help reminiscence of St. Patrick’s Days past.

A recent article in Future Trends in State Courts 2006, “The Anti-Government Movement Today“  (National Center for State Courts, by Charles A. Ericksen and Anne E. Skove), has a well-footnoted discussion of the malicious mischief being perpetrated in courts and other government bodies by the Anti-Government Movement.  The tactics amount to “paper terrorism“ – ”the use of fraudulent legal documents and filings, as well as the misuse of legitimate documents and filings, in order to intimidate, harass and coerce public officials, law enforcement officers and private citizens.” (from “Sovereign Citizen” Movement, at the Anti-Defamation League’s law enforcement website; and see our post “coordinated pro se tax-haters clogging up the courts, Oct. 13, 2006)

  In the Future Trends article, Ericksen and Stove explain Redemption Scams, which are bogus claims on money supposedly owed to individuals by the Government.  The Scams have become widespread, thanks to “self-help materials” being produced or used by jailed militia members in our nation’s prison’s (with “handbooks circulating among inmates, audiotapes and books available for purchase, seminars offered across the country, and information on the Internet”).  Thanks to basic human greed, the Redemption procedures are being tried by “a range of people, many of whom may not have ties to anti-government groups.”  The article also describes in detail a “Particularly troubling and difficult to stem” tide of filings with state corporation commissions. 

Noting that prison inmates pose special challenges (especially those already serving life without parole), the authors suggest coordinated efforts with courts, prosecutors, state agencies, and prison staff working together to identify and stem frivolous filings.  They also discuss concerns that acts of violence may again be use.  The article ends cautioning that “those responsible for court security must keep such groups and tactics on their radar screens, and be aware of these issues when planning security measures.”