By: Jill Roberts, Deputy Director, Access to Justice Division
In April 2015, the Illinois Supreme Court adopted the Illinois Supreme Court Policy on Assistance to Court [Users] by Court Clerks, Court Staff, Law Librarians, and Court Volunteers, referred to as the “Safe Harbor Policy.” The policy was developed by the Illinois Supreme Court Commission on Access to Justice (ATJ Commission) and its Court Guidance & Training Committee (consisting of judges, clerks, and law librarians across the state) in collaboration with the Administrative Office of the Illinois Courts (AOIC). Illinois was one of the first states to adopt such a policy and is now a model used by numerous states as they create similar policies in their jurisdictions.
Since 2015, the policy itself has been updated twice, first to include information about e-filing and most recently to use more plain language, like replacing “patron” with “user” and utilizing gender neutral terms rather than “he or she.” Additional terms were defined, including “court volunteer” and “Limited English Proficient (LEP) person.” To that end, allowable services to LEPs are explained. Lastly, the policy was rearranged to make it easier to understand and to have a better flow of information. To supplement the policy, other resources are available for clerk and court staff to use, including a guide, a desk card, and a public facing sign.
The purpose of the policy is to guide circuit clerks, law librarians, and other frontline court personnel about the assistance they can provide to court users, especially those trying to navigate the court system without a lawyer. Illinois Court Help Guide and former Self-Represented Litigant Coordinator Frances Paparigian of Lake County said, “Self-Represented Litigants in court oftentimes feel like they have been thrown into a complicated game in which they don’t know the rules, and no one will explain them. The Safe Harbor policy gives me and other court personnel the confidence to be able to provide the rules and even the playing field for SRLs. The Safe Harbor Policy is an essential component of access to justice.”
Court personnel are encouraged to offer the full array of services described in section (c) of the policy, including:
- Providing information about court rules, terminology, and procedures and docket information;
- Informing users of the process for requesting an interpreter, reasonable accommodation, or fee waiver;
- Assisting with every step of the e-filing process, including selecting case types and filing codes;
- Giving out approved forms and explaining how to fill them out; and
- Referring to legal aid or other free or low-cost lawyer services, web-based services, libraries, alternative dispute resolution services, domestic violence resources, etc.
Illinois JusticeCorps program staff at the Illinois Bar Foundation, Jenna Kearns, relayed that “Illinois JusticeCorps has trained hundreds of volunteers on the Safe Harbor Policy. Understanding the difference between legal advice and legal information allows our volunteers to confidently provide crucial information and resources to the people who really need help handling their legal issues. It has been an invaluable resource in serving the public.”
The policy specifically states that all providing the permitted services does not constitute the unauthorized practice of law. Staff and volunteers should feel secure and protected when providing the assistance listed because it is specifically authorized. Madison County’s Law Librarian stated, “Over the last ten years, the Safe Harbor Policy has served as a day-to-day operating manual guiding the work we do in our Legal Self-Help Center. The policy has expanded opportunities for court staff to provide legal information to Self-Represented Litigants without fear of practicing law [without a license].”
The Access to Justice Division of the AOIC offers training on this topic at least once a year to the Court Navigator Network. In addition, the topic is often included in various presentations each year, and it is part of the SRL-related topics offered in conjunction with the Illinois Judicial College. Since this topic applies to all clerks, court staff, and volunteers, we also provide in-person and virtual training to court houses upon request.
Since the adoption of the Safe Harbor Policy a decade ago, thousands of court users have been helped by local court and circuit clerk staff, Illinois JusticeCorps Fellows, and Illinois Court Help Guides to navigate the court system. Thank you to the Illinois Supreme Court for adopting the policy, and to all of you for providing critical services to court users to help achieve fair and efficient resolution of their cases.
If you are interested in training on this topic or for any questions or additional information, reach out to AccessToJustice@illinoiscourts.gov.