{"id":1504,"date":"2019-01-30T21:15:16","date_gmt":"2019-01-31T02:15:16","guid":{"rendered":"https:\/\/floridadocument.com\/?p=1504"},"modified":"2023-03-19T18:24:00","modified_gmt":"2023-03-19T22:24:00","slug":"pro-se-adoptions-in-florida","status":"publish","type":"post","link":"https:\/\/floridadocument.com\/es\/pro-se-adoptions-in-florida\/","title":{"rendered":"Acceso a los tribunales en Florida:  La visi\u00f3n desde dos perspectivas"},"content":{"rendered":"<h3><span style=\"color: #ff6600;\"><strong>COURT ACCESS IN FLORIDA:\u00a0 THE VIEW FROM TWO PERSPECTIVES<\/strong><\/span><\/h3>\n<hr \/>\n<p><em><strong>Justice in Florida will be accessible, fair, effective, responsive, and accountable. <\/strong><\/em><\/p>\n<p><strong><em>~ Vision of the Florida Judicial Branch &#8211; 2008<\/em><\/strong><\/p>\n<p>Over ten years ago, these words led the report from the Florida Supreme Court\u2019s Commission on Trial Court Performance and Accountability addressing the issue of Pro Se parties\u2019 access to justice.\u00a0 The report went on to state that: <em>\u201cAccess to the courts is an explicit right of the people, guaranteed to all litigants and not reserved to those represented by an attorney.\u201d <\/em>[1]<\/p>\n<p>The needs of pro se (self-represented or non-lawyer) parties have been documented over the past 20 years with a great deal of specificity.\u00a0 Over the years, numerous administrative orders have been implemented in Florida circuits to direct the courts to assist pro se litigants in filing and presenting their documents to the court for processing.<\/p>\n<p>Has real progress been made?\u00a0 The jury is still out (pardon the pun).<\/p>\n<p>Until 2014 when Florida Document Specialists and Florida Family Adoptions was created, I viewed access to the courts through the lens of someone who had worked with attorneys as a paralegal for over 35 years.<\/p>\n<p>Preparing and filing documents on behalf of a law firm client was no hardship.\u00a0 No one questioned our filings as to form or substance.\u00a0 We were never refused a filing by the clerk of court. Clerks simply accepted our documents and placed them into the court file. We requested and obtained hearings at the drop of a hat, and we produced pleadings of every shape, size and subject to serve the needs of our clients. Life was good.<\/p>\n<hr \/>\n<h3><span style=\"color: #ff6600;\">A New Perspective<\/span><\/h3>\n<p>Once Florida Document Specialists and <a href=\"https:\/\/floridadocument.com\/florida-relative-grandparent-stepparent-adoptions\/\" target=\"_blank\" rel=\"noopener noreferrer\">Florida Family Adoptions<\/a> became operational, things changed. \u00a0Although we are only able to type documents for our customers based upon information they provide, we can also offer filing assistance and other procedural help as the non-lawyer party navigates through the court system.\u00a0 That\u2019s when I started to see things from an entirely distinct perspective to that which I had previously been exposed to as a paralegal in a law firm.\u00a0 The blinders were off, and I was exposed to the harsh realities experienced by pro se litigants in the Florida court system.<\/p>\n<hr \/>\n<h3><span style=\"color: #ff6600;\">Be Courageous but Prepared<\/span><\/h3>\n<p>By no means am I implying that we have made no progress toward providing pro se litigants with better access to the Florida court system, but it has been hard-gotten, and it comes at a price. To pay that price, pro se parties must arm themselves with a lot of <em>tolerance<\/em>, <em>patience<\/em> and <em>accurate information<\/em>.\u00a0 For litigants that are not represented by an attorney, they must prepare for a possible onslaught of commentary from deputy clerks geared towards making them believe that their case will go nowhere unless they have an attorney. \u00a0It often starts at the moment of filing when they are sometimes subjected to <em>unreasonable demands<\/em> and <em>delays<\/em> that the court would never impose upon an attorney filing the exact same process.\u00a0 For example, parties pursuing a pro se legal matter in Florida can expect to:<\/p>\n<ul>\n<li>File significantly more paperwork at the beginning of a case than an attorney;<\/li>\n<li>Wait longer for court issued documents (like a Summons or Notice of Action);<\/li>\n<li>Have properly signed waivers of notice totally ignored; and<\/li>\n<li>Be told that you are using the wrong forms, or that you are missing forms.<\/li>\n<\/ul>\n<p>Then, pro se parties must discern whether the guidance they just received from the clerk is correct or incorrect.\u00a0 If you do manage to get your case filed, get ready to BEG for a hearing date.<\/p>\n<hr \/>\n<h3><span style=\"color: #ff6600;\">Procedures and Experiences Vary by Florida County<\/span><\/h3>\n<p>The most difficult part of this issue is that procedures <a href=\"https:\/\/floridadocument.com\/volusia-county-clerk-of-court\/\" target=\"_blank\" rel=\"noopener noreferrer\">vary widely from court to court and from circuit to circuit<\/a> for the handling of initial documents and the setting of hearings.\u00a0 Then, as if that were not enough, each Judge also has their own preferences as to how to set a hearing time.\u00a0 So, you never have the same procedure in each court, which sometimes keeps the pro se litigant guessing as to how to get their case before the Judge.<\/p>\n<hr \/>\n<h3><span style=\"color: #ff6600;\">Common Examples<\/span><\/h3>\n<p>Access to Florida Courts should never be this difficult.\u00a0 Here are some examples of recent issues that pro se parties have faced:<\/p>\n<ul>\n<li>A Deputy Clerk refusing to accept an initial filing because an unimportant document, one<em>\u00a0needed towards the end of the process, and not the beginning<\/em>, is not included at the commencement of the action;<\/li>\n<li>A Deputy Clerk refusing to tell a pro se petitioner in a private <a href=\"https:\/\/floridadocument.com\/florida-relative-adoptions\/\" target=\"_blank\" rel=\"noopener noreferrer\">Florida relative adoption case<\/a> (<em>who had appeared in-person at the clerk&#8217;s office<\/em>) the name of the assigned judge, because, \u201c<em>adoptions are confidential in Florida, and you aren\u2019t an attorney<\/em>.\u201d<\/li>\n<li>Pro se litigants being charged additional \u201cadministrative\u201d fees, because they are filing their cases without an attorney, when the same fee is not charged on cases filed by an attorney;<\/li>\n<li>Some Deputy Clerks of Court incorrectly telling pro se litigants that they aren&#8217;t permitted file a Florida relative adoption petition without an attorney;<\/li>\n<li>Telling pro se parties that they are not allowed to file certain waivers because they are not attorneys;<\/li>\n<li>Ignoring the validity of a properly signed and filed waiver form or default just because they were filed by a litigant that is not represented by an attorney;<\/li>\n<li>Making pro se litigants go through a, \u201creview of their case\u201d before the Deputy Clerk will issue a Summons \u2013 <em>what would they review if they just filed the case?;<\/em><\/li>\n<li>Untrained clerical court staff sending \u201creview letters\u201d to pro se litigants requesting unnecessary or inappropriate documents to \u201cget a hearing date\u201d.\u00a0 In some instances, requests are made for documents that are expressly excluded by rule, administrative order or law in certain cases.\u00a0 For example, a judge recently ordered husband and wife co-petitioners to file financial affidavits and take a parenting class in a private Chapter 63 stepparent adoption.<\/li>\n<\/ul>\n<hr \/>\n<h3><span style=\"color: #ff6600;\">You Can Succeed<\/span><\/h3>\n<p>As dismal as this may sound, there are ways to properly combat these problems that hinder a pro se litigant\u2019s access to Florida court services, and, their access to justice:<\/p>\n<ul>\n<li>Question the Deputy Clerk about any issues. Be courteous, and remember that court staff may not be familiar with the type of case you are filing and is blindly following a checklist that may be outdated or just incorrect.<\/li>\n<li>Gently remind court staff that you have the same rights as a litigant that is represented by an attorney.\u00a0 If you cannot make any leeway, politely ask to speak to a supervisor.<\/li>\n<li>There are several other things you can do to keep your case moving forward as a pro se litigant in the Florida court system, such as writing letters, contacting the actual Clerk of Court in your county to discuss the problem and achieve a resolution, etc.<\/li>\n<\/ul>\n<hr \/>\n<h3><span style=\"color: #ff6600;\">What Does All This Mean?<\/span><\/h3>\n<p>The bottom line for me is this:\u00a0 if the courts in Florida have a sincere commitment to facilitate access to the courts for pro se litigants, they can continue educating their clerks and other court staff. They can correct and update their \u201cchecklists\u201d; <strong>they can continue progress by giving properly completed, signed and filed documents their proper validity when they are filed by pro se parties, just like they would if they were filed by an attorney<\/strong>, and they can institute a calendaring system that keeps a pro se party\u2019s case moving forward instead of just letting it sit and, in the words of a Deputy Clerk in a Central Florida Court, \u201cuntil the cows come home\u201d.<\/p>\n<p>The words enunciated by the Florida Supreme Court\u2019s Commission on Trial Court Performance and Accountability back in 2008 ring deep in Florida\u2019s most vulnerable populations.\u00a0 While some progress has been made in this area, there is no uniformity of training statewide, and pro se litigants are caught in that crossfire.\u00a0 This does not advance equal access to the Florida courts for pro se litigants.<\/p>\n<p>Blessings and blessings.<\/p>\n<hr \/>\n<p>[1] <em>The Declaration of Rights, Article I of the <a href=\"https:\/\/www.flsenate.gov\/Laws\/Constitution\" target=\"_blank\" rel=\"noopener noreferrer\">Florida Constitution<\/a>, provides that the \u201ccourts shall be open to every person for redress of any injury, and justice shall be administered without sale, denial or delay.\u201d<\/em><a id=\"formAnchor287863920\" name=\"form287863920\"><\/a><\/p>\n<p><a id=\"formAnchor2131450656\" name=\"form2131450656\"><\/a><br \/>\n<script src=\"https:\/\/fs22.formsite.com\/include\/form\/embedManager.js?2131450656\"><\/script><br \/>\n<script>\nEmbedManager.embed({\n\tkey: \"https:\/\/fs22.formsite.com\/res\/showFormEmbed?EParam=m_OmK8apOTCLFP8Ovs7sA0WklWeCC-uXFzpUCZwnDno&2131450656\",\n\twidth: \"100%\"\n});\n<\/script><\/p>\n","protected":false},"excerpt":{"rendered":"<p>ACCESO A LOS TRIBUNALES EN FLORIDA: LA VISI\u00d3N DESDE DOS PERSPECTIVAS La justicia en Florida ser\u00e1 accesible, justa, eficaz, receptiva y responsable. ~ Visi\u00f3n del Poder Judicial de Florida - 2008 Hace m\u00e1s de diez a\u00f1os, estas palabras encabezaban el informe de la Comisi\u00f3n sobre Rendimiento y Responsabilidad de los Tribunales de Primera Instancia de la Corte Suprema de Florida que abordaba el tema de Pro ... <a title=\"Acceso a los tribunales en Florida:  La visi\u00f3n desde dos perspectivas\" class=\"read-more\" href=\"https:\/\/floridadocument.com\/es\/pro-se-adoptions-in-florida\/\" aria-label=\"Leer m\u00e1s sobre Acceso a los tribunales en Florida:  La visi\u00f3n desde dos perspectivas\">Seguir leyendo<\/a><\/p>","protected":false},"author":4,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"generate_page_header":"","footnotes":""},"categories":[356,742,740,358,357,746,744],"tags":[],"class_list":["post-1504","post","type-post","status-publish","format-standard","hentry","category-adoption","category-dissolution-of-marriage-divorce","category-family-law","category-relative-adoption","category-stepparent-adoption","category-summary-administration-probate","category-temporary-custody"],"modified_by":null,"_links":{"self":[{"href":"https:\/\/floridadocument.com\/es\/wp-json\/wp\/v2\/posts\/1504","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/floridadocument.com\/es\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/floridadocument.com\/es\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/floridadocument.com\/es\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/floridadocument.com\/es\/wp-json\/wp\/v2\/comments?post=1504"}],"version-history":[{"count":0,"href":"https:\/\/floridadocument.com\/es\/wp-json\/wp\/v2\/posts\/1504\/revisions"}],"wp:attachment":[{"href":"https:\/\/floridadocument.com\/es\/wp-json\/wp\/v2\/media?parent=1504"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/floridadocument.com\/es\/wp-json\/wp\/v2\/categories?post=1504"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/floridadocument.com\/es\/wp-json\/wp\/v2\/tags?post=1504"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}