The Time In Between: A Response to A Theory of Civil Problem-Solving Courts

Abstract

As small claims courts grow in numbers and popularity, more issues are beginning to rise to the surface. These issues stem from a lack of understanding of the process, not following the court’s procedural rules, and many others revolving around pro se litigants. As criminal courts begin to shift how they treat the underlying issues of defendants, so are the ideas for how to handle civil litigants. Most of the solutions proposed for solving civil courts’ issues are admirable and likely to succeed. However, as a magistrate judge and former prosecutor who worked closely with South Carolina’s first homeless court, I believe that we need to implement two solutions before the long-term plans can be realized: enforcing current contract law through the lens of pro se relaxation, and the application of homeless court principles.

Keywords: civil, courts