People without lawyers are an early focus of new state court access group

Three out of every five people who go to civil court in the U.S. do so without a lawyer.

That figure comes from the Self-Reported Litigation Network. While the South Dakota Unified Judicial System hasn’t studied how often that happens in the state, South Dakota Supreme Court Chief Justice Steven Jensen said there are plenty of examples.

Those cases are called “pro se,” meaning people are representing themselves — often because they can’t find or afford a lawyer. The problem is a concern in South Dakota because of a dearth of lawyers in rural communities, something the state is trying to address through a rural lawyer recruitment program and a statewide public defender office.

“The reality is these numbers aren’t decreasing,” Jensen said. “In fact, we used to think about this as an issue with low-income individuals, but I think more and more we’re seeing middle-income individuals who struggle to afford and hire counsel in cases. Ask any judge, clerk or any lawyer who worked on the other side of the pro se individual — that creates challenges.”

Jensen spoke Tuesday to a group of UJS staff, circuit court and magistrate judges, legal aid representatives, clerks of courts and private practice attorneys — all part of the newly formed Commission on Access to Our Courts. The state Supreme Court created the group in February to promote equal access to the courts and “inspire a high level of trust and confidence” in the system.

The commission is separate from the state Commission on Equal Access to Our Courts, created in 2008 to provide grants to nonprofit entities delivering legal services to low-income South Dakotans. 

Despite the potentially broad nature of the new commission’s work, its first discussion focused primarily on pro se individuals and concerns about how to meet their needs and navigate the court system.

Denise Langley is vice chair of the commission and executive director of Access to Justice in Pierre, a nonprofit that provides legal services to low-income South Dakotans. Legal aid organizations in the state struggle to serve many South Dakotans because of limited resources, Langley said, and many end up representing themselves.

Access to Justice accepts about 100 to 150 cases a year but turns down up to 600 applicants annually, Langley said. About 80% of pro se cases in some regions of the state are family law, such as divorce, guardianship, visitation and protection orders, according to a 2022 statewide legal needs assessment.

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East River Legal Services, another legal aid nonprofit, has had 882 applications already this year seeking help for civil cases. Half are family law, followed by housing cases involving evictions, said Lea Wroblewski, executive director.

A family law attorney in Sioux Falls charges $300-350 an hour, which “quickly prices most people out of being able to retain an attorney,” said Jon Sogn, a Second Circuit Court judge and chair of the commission.

“This commission has an opportunity to make a real difference in the lives of many people, the trust people have in our court system, the people who have to work with the front line and pro se litigants,” Sogn said.

The commission plans to work with an out-of-state facilitator next to decide what to tackle first. Options include addressing legal aid resources, creating a navigator program for pro se cases, or making it easier for attorneys to volunteer with legal aid organizations. 

Greg Sattizahn, state court administrator with the Unified Judicial System, also suggested addressing remote hearings, technology improvements, language barriers and disability access.

“The landscape is wide open,” Sattizahn said.