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Legal‑aid group backs judicial rule to help self‑represented litigants, asks for clearer guidance
Summary
Michigan Legal Help told the Supreme Court it supports a proposed amendment to the Code of Judicial Conduct encouraging judges to make reasonable efforts to ensure self‑represented litigants are fairly heard, but asked for specific illustrative guidance and stronger 'should' language.
Kim Kramer of the Michigan Legal Help Program told the Michigan Supreme Court at a May 2025 hearing that the court’s proposed amendment to the Code of Judicial Conduct — permitting judges to make reasonable efforts to facilitate the ability of all litigants to be fairly heard — is a positive step to improve access to justice for self‑represented litigants. Kramer urged the court to supplement the rule with non‑prescriptive examples of permissible actions so judges understand the line between assistance and advocacy.
Kramer recommended the court consider moving from “may” to “should” in the rule text to emphasize an affirmative judicial role, pointing to similar language adopted in Wisconsin, the District of Columbia and Massachusetts. She said other states’ guidance provides a menu of permissible actions without being prescriptive and can increase consistency in how courts treat self‑represented litigants.
The court took Kramer’s comments for the record and asked no follow‑up questions. No rule revision vote or final language was adopted at the hearing.
Michigan Legal Help operates a statewide free legal‑information service for self‑represented litigants; Kramer said clearer guidance from the court would empower judges to take appropriate steps to ensure fairness without risking inappropriate advocacy.
