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Contact: Contact Kristin Weber at 202/887-8255, kweber@halt.org
HALTAn Organization of Americans for Legal Reform released its 2004 Small Claims Report Card today, grading all 50 states and the District of Columbia on their small claims courts. The legal consumer advocacy group publicizes the value of small claims courts, the only place in the civil justice system where people can resolve common disputes without an attorney. But HALT's 2004 Small Claims Report Card illustrates that these courts cannot function as true people's courts until lawmakers implement meaningful reforms.
"As the average person's alternative to courts inhabited by lawyers, these courts have a duty to be as accessible as possible," said HALT Senior Counsel Tom Gordon. "Unfortunately, our report card demonstrates that many states seem determined to put roadblocks in the way of the average person trying to resolve a dispute."
The 2004 Small Claims Report Card graded states in six categories: dollar limit, self-help, convenience, mediation, expedited collection and injunctive relief. Grades varied from the "B" range for Utah, Colorado, California and top-ranked Georgia, to failing marks for Delaware, Kentucky, Mississippi and Missouri. No state received an "A" grade.
The 2004 report card emphasizes the urgent need to raise jurisdictional dollar limits on small claims courts-as low as $1,500 in some states, which makes these courts a venue where only conflicts of nominal value are resolved. The report card also reveals the necessity of implementing reforms to make these courts a more consumer-friendly, accessible alternative to traditional litigation.
HALT's 2004 report card follows HALT's 2002 Small Claims Report Card, which painted a similarly dismal picture of small claims courts. Successful HALT advocacy since the 2002 report card in states such as Utah, Washington, and New York helped those states to improve their grades in the recent report card. "States that enact meaningful reforms have improved their ranking, while those that do not are standing still and watching the others pass them," Gordon explained.
HALT is currently supporting pending small claims reform legislation in California, Michigan and Massachusetts. "While we're grading small claims courts, which are part of the judiciary, it's the legislature that's to blame," Gordon said. "It's the lawmakers who have to recognize the need for expanded small claims jurisdiction and it's the lawmakers who must loosen their grip on the pursestrings and provide full funding to the programs in small claims courts that let the people using those courts have full access to them."
Small claims courts-which use simplified procedures, require plain English, provide consumer aids and often prohibit lawyers-have tremendous promise as a means of empowering ordinary people to take charge of their own routine legal needs. By reforming these courts to fulfill this promise, state lawmakers can show a commitment to opening up the legal system to all Americans.
A more extensive summary of HALT's 2004 Small Claims Report Card, along with the national and state report cards, can be found on HALT's Web site at www.halt.org.
Founded in 1978, HALTAn Organization of Americans for Legal Reform is a nonpartisan, nonprofit public interest organization. HALT pursues an aggressive education and advocacy program that challenges the legal establishment to improve access and accountability and reduce costs in the civil justice system.
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