‘Accompaniment Services Pilot Project’ provides valuable assistance in navigating the court system’
The Michigan Supreme Court announced today the launch of a pilot project allowing accompaniment services in legal proceedings. Based on a recommendation from the Justice for All Commission, the pilot project will test whether accompaniment services for people who cannot afford a lawyer in civil cases can reduce missed opportunities for earlier or more durable resolution of legal issues, reduce the harm of misinformation or lack of information, and maximize the appropriate use and efficacy of Michigan’s self-help resources.
In particular, the Supreme Court’s administrative order authorizes Accompaniment Service Providers (ASPs) to provide accompaniment services to clients of pilot agencies, which include organizations that receive funding from the Michigan Domestic and Sexual Violence Prevention and Treatment Board (MDSVPTB) and other nonprofit agencies or governmental organizations that provide social and legal services to self-represented clients. These include community mental health providers, housing agencies, shelters, among others.
“Too many vulnerable Michiganders, especially survivors of domestic violence, don’t have meaningful access to our justice system,” said Supreme Court Justice Brian K. Zahra, chair of the Justice for All Commission. “This pilot project provides a trained support person who can go to court with a client for civil cases, provide encouragement, take notes, explain what happened, and identify needed follow-up. To be clear: this is not legal advice, but rather, person-to-person help to navigate a stressful and unfamiliar situation.”
The primary objective of the pilot is to study the efficacy of providing limited assistance to litigants by persons trained to deliver informational and accompaniment services. Potential cases might involve debt collection, landlord/tenant issues, some limited family and domestic issues, civil infractions, and public benefits.
Scenarios where an ASP might provide assistance include:
• The client is a survivor of domestic abuse and has an upcoming hearing regarding child support and custody. The client’s abuser is the opposing party. The client relays that they feel like the abuser is only doing this because they know the client will not be able to speak up to stop them. The client asks if the provider of accompaniment servers could attend the hearing to provide support. The ASP discusses a plan in advance of the hearing with the client, including the locations of bathrooms, safe places to speak, and exits.
• A client at an eviction hearing may have an ASP sit at the counsel table to take notes, provide support, and offer explanations of what is happening in the hearing. Finally, if the client answered a question and the court sought factual clarity, if the client requested and the court approved, the ASP could provide clarity based on what the client has previously shared.
• A client at a personal protection order hearing may have an ASP sit at the counsel table to take notes, provide support, and offer explanations of what is happening in the hearing. The ASP may also remind the client of specific information they client wanted to share with the court.
• The ASP may share legal information about the debt collection process with a client and explain what actions have been taken. The provider may not provide legal advice or practice law. If asked by the client and given permission by the court, the ASP may clarify factual information, such as whether the client received notice of the debt.
• A client going to Friend of the Court may have an ASP join them in the waiting room, investigation room, interview room, or courtroom.
“I am grateful to the Regulatory and Practice Reform committee of the Justice for All Commission for their hard work, adapting lessons from other states to tackle areas of greatest unmet need here in Michigan,” said Justice Zahra. “This project recognizes that there are alternative pathways to increasing access that have wide support across stakeholders and is more likely to succeed because the proposal takes advantage of our existing access-to-justice infrastructure and regulatory framework.”
More information, including how to register as a pilot agency and provider, is available on the Accompaniment Services special initiatives page of the One Court of Justice website.
In particular, the Supreme Court’s administrative order authorizes Accompaniment Service Providers (ASPs) to provide accompaniment services to clients of pilot agencies, which include organizations that receive funding from the Michigan Domestic and Sexual Violence Prevention and Treatment Board (MDSVPTB) and other nonprofit agencies or governmental organizations that provide social and legal services to self-represented clients. These include community mental health providers, housing agencies, shelters, among others.
“Too many vulnerable Michiganders, especially survivors of domestic violence, don’t have meaningful access to our justice system,” said Supreme Court Justice Brian K. Zahra, chair of the Justice for All Commission. “This pilot project provides a trained support person who can go to court with a client for civil cases, provide encouragement, take notes, explain what happened, and identify needed follow-up. To be clear: this is not legal advice, but rather, person-to-person help to navigate a stressful and unfamiliar situation.”
The primary objective of the pilot is to study the efficacy of providing limited assistance to litigants by persons trained to deliver informational and accompaniment services. Potential cases might involve debt collection, landlord/tenant issues, some limited family and domestic issues, civil infractions, and public benefits.
Scenarios where an ASP might provide assistance include:
• The client is a survivor of domestic abuse and has an upcoming hearing regarding child support and custody. The client’s abuser is the opposing party. The client relays that they feel like the abuser is only doing this because they know the client will not be able to speak up to stop them. The client asks if the provider of accompaniment servers could attend the hearing to provide support. The ASP discusses a plan in advance of the hearing with the client, including the locations of bathrooms, safe places to speak, and exits.
• A client at an eviction hearing may have an ASP sit at the counsel table to take notes, provide support, and offer explanations of what is happening in the hearing. Finally, if the client answered a question and the court sought factual clarity, if the client requested and the court approved, the ASP could provide clarity based on what the client has previously shared.
• A client at a personal protection order hearing may have an ASP sit at the counsel table to take notes, provide support, and offer explanations of what is happening in the hearing. The ASP may also remind the client of specific information they client wanted to share with the court.
• The ASP may share legal information about the debt collection process with a client and explain what actions have been taken. The provider may not provide legal advice or practice law. If asked by the client and given permission by the court, the ASP may clarify factual information, such as whether the client received notice of the debt.
• A client going to Friend of the Court may have an ASP join them in the waiting room, investigation room, interview room, or courtroom.
“I am grateful to the Regulatory and Practice Reform committee of the Justice for All Commission for their hard work, adapting lessons from other states to tackle areas of greatest unmet need here in Michigan,” said Justice Zahra. “This project recognizes that there are alternative pathways to increasing access that have wide support across stakeholders and is more likely to succeed because the proposal takes advantage of our existing access-to-justice infrastructure and regulatory framework.”
More information, including how to register as a pilot agency and provider, is available on the Accompaniment Services special initiatives page of the One Court of Justice website.
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