OMAHA, Neb. — When Danielle Nitzel found her three-year-old marriage drawing its last breath in 2004, she couldn’t afford the minimum of $1,000 she was told she would need to hire a divorce lawyer.

So she did what more and more Americans are doing: She represented herself in court.

I looked online and just tried to figure out how to write out the paperwork, said Nitzel, a nursing student who at the time had little money and a pile of education loans. I think it cost us $100 to file it ourselves.

The number of people serving as their own lawyers is on the rise across the country, and the cases are no longer limited to uncontested divorces and small claims. Even people embroiled in child custody cases, potentially devastating lawsuits and bankruptcies are representing themselves, legal experts say.

It’s not just that poor people can’t afford lawyers. This is really a middle-class phenomenon, said Sue Talia, a judge from Danville, Calif., and author of Unbundling Your Divorce: How to Find a Lawyer to Help You Help Yourself.

The trend has resulted in court systems clogged with filings from people unfamiliar with legal procedure. Moreover, some of these pro se litigants, as they are known, are making mistakes with expensive and long-lasting consequences — perhaps confirming the old saying that he who represents himself has a fool for a client.

Paul Merritt, a district judge in Lancaster County, Neb., said he knows of cases in which parents lost custody disputes because they were too unfamiliar with such legal standards as burden of proof.

There is a lot on the line when you have a custody case, Merritt said. There are a lot of things that judges take into consideration in determining what’s in the best interest of the child, and if you’re a pro se litigant, the chances that you will know what those things are, and that you will present evidence of all those issues, are really small.

While the fees lawyers charge vary widely, the average hourly rate ranges from around $180 to $285 in the Midwest, and from $260 to more than $400 on the West Coast, according to legal consultant Altman Weil Inc.

Tim Eckley of the American Judicature Society in Des Moines, Iowa, said no national figures are kept on how many people represent themselves, but I don’t think anybody who’s involved in the courts would deny that this is a growing trend in the last 10 to 15 years.

In California, about 80 percent represent themselves in civil family law cases — such as divorce, custody and domestic violence cases — according to the Self-Represented Litigation Network. In San Diego alone, the number of divorce filings involving at least one person not represented by a lawyer rose from 46 percent in 1992 to 77 percent in 2000.

In Nebraska in 2003, 13,295 people represented themselves in civil cases in state district courts. By 2007, the number had risen to 32,016, or 45 percent.

The result?

Courts are absolutely inundated with people who do not understand the procedures, Talia said. It is a disaster for high-volume courts, because an inordinate amount of their clerks’ time is spent trying to make sure that the procedures are correctly followed.

Talia has traveled to nearly every state to speak to lawyers, judges and court workers about measures to handle the growing number of people representing themselves.

— Margery A. Gibbs, Associated Press (2008-11-24): More Americans serving as their own lawyers

Why not just make the procedures simpler?

Do courts really need to stand on ceremony at the expense of justice?

See also:

• GT 2008-06-09: 10,000 ways to lose your freedom
• GT 2008-09-08: Stop the State-mandated murder of Troy Davis

From Frances Vanderploeg, Las Vegas Sun (2008-12-04): Henderson students discuss controversial issues during event

Part of the problem may be attendance, some students said. Schools are trying out different policies to encourage students to be in class and on time, such as forcing parents to sign in a student who was late the morning before.

They’re trying to fix the attendance policy, but they’re going about it the wrong way, Josh Rivera of Canyon Springs High School said.

The requirement to have parents sign in late students, for example, encouraged students to just skip the entire period, because the penalties were less harsh that way.

For the students with chronic truancies, however, students thought it was about time their peers answered up.

Shouldn’t there be harsher punishment because they’re wasting our time and money? Nick Rattigan of Green Valley High School said. They’re wasting the teachers’ time.

Actually, seeing as how the students are being made to go to class against their will, and the government schools seem unable to give them any reason to go other than the threat of harsher punishment, it seems to me like it would be more to the point to complain about the teachers wasting the students’ time than vice versa.

See also:

• GT 2008-09-07: In fifteen words or fewer: On Blaming the Victim
• GT 2008-06-11: Beating up your teenage daughter isn’t just a good idea; it’s the law.
• GT 2008-05-19: Dr. Anarchy answers your mail #5: Wherever I go, he goes....
• GT 2008-03-01: Perpetual state of supervision

As you may recall, Ted Marshall owns a warehouse in downtown Las Vegas. Like many buildings in downtown Las Vegas, Ted Marshall’s warehouse has been repeatedly vandalized by taggers. Like many property-owners in downtown Las Vegas, he covered up the graffiti several times, only to have new taggers come by and paint more on. Then, one day, he found some graffiti on his wall that he kind of liked, and he decided that he wanted to leave that design up on his own building’s wall. So the city of Las Vegas fined him $930 for having graffiti he wanted up on a wall he owns.

Ted Marshall thought this was bull crap: the city government shouldn’t force him to pay to get rid of a design that vandals put up without his permission, and, while we’re at it, the city government shouldn’t force him to pay fines for leaving designs he wants to leave up on his own building. Ted Marshall’s representative on the city council, Mayor Pro Tem Gary Reese, replies:

I don’t want graffiti on any buildings in the city of Las Vegas. He said it was artistic or something, but for me, it’s a crime. For him to stand there and say he’s sick and tired and he’s going to leave it how it is — that’s bull crap.

Please remember that in the view of the Las Vegas city council, what matters is what Mayor Pro Tem Gary Reese does or does not want on buildings in the city of Las Vegas — certainly not what the mere owners of those buildings want or do not want on them.

Mary Price, falsely identified as a spokeswoman for the city of Las Vegas (actually, she speaks for the government, not for the city), adds:

It’s like any other situation where you have property damage, city spokeswoman Mary Ann Price explains. If you had a burned-out building … it creates a hazard. You as the property owner would be responsible for it.

She’s right that this is just like any other situation where you have property damage. As long as a burned-out building, no matter how hazardous, doesn’t actually threaten to damage anybody else’s property, the city government has absolutely no business forcing the property owner to fix that up, either, if she would rather not do so. Why should they?

The Review-Journal‘s editorial board informs us that The whole issue is surprisingly simple, once viewed through the lens of property rights. Indeed it is. The issue here is that Mary Ann Price and Gary Reese — by the grace of Law Mayor Pro Tempore, Defender of Order, and Vaquero Supreme of the Vegas Valley — believe that the whole city of Las Vegas is their own rightful property, by concession of the sovereign state and federal governments, which the supposed owners of land and buildings really only lease on Gary Reese’s terms and at his pleasure. They believe that they have the right to tell you what they do or don’t want to see, how they do or don’t want it used, and who you can or cannot invite to use it, in the name of maintaining what they see as good taste, or good business, or protecting the property values in their personal domains. If you’re not interested in helping them maintain a touch of class with the land or the buildings that you were foolish enough to think you owned, then they tell you that your claim is bull crap, that their opinions about the proper disposal of your building matter far more than yours, and they will send professional busybodies and armed thugs to inform you of your responsibilities, then to harass you, shove you around, fine you, and ultimately to jail you or kill you if you should resist their efforts to collect.

It’s the big 3-0 for Shameless Self-promotion Sunday.

What have you been up to in the past week? Write anything? Leave a link and a short description for your post in the comments. Or fire away about anything else you might want to talk about.

(Via Cheryl Cline @ der Blaustrumpf 2008-12-02: Trusting Doctors.)

The first step is that the State grants legal privileges to doctors. Or, more specifically, to those doctors who practice medicine according to the approaches favored by the government and government-backed medical guilds like the American Medical Association. These privileges for officially-approved doctors to force their competitors out of business with threats of fines, jail, or death, and thus to force captive patients to seek their services. In many countries, these privileges include a large apparatus of government-subsidized healthcare, in which government-approved doctors are paid largely, or entirely, by funds that the government has taken from unwilling taxpayers. (Healers whose practices are not officially approved by the government, obviously, receive none of these subsidies.) In some cases, they also involve the power of doctors — especially psychiatrists, or other doctors treating children, or treating adults labeled as insane or feeble-minded — to force invasive treatment on unwilling patients through the use of deception, threats, restraint, and, if necessary, outright violence.

When the government gives doctors this kind of unaccountable, legally-backed plenary power to control or coerce their patients, it converts the medical profession into a class of legally elevated and legally regulated mandarins, who expect and enjoy considerable political power through their legally-privileged professional associations and through the State apparatus itself. Since doctors enjoy special privileges over their patients, and depend on legal force rather than on their patients’ judgment to get their way, the legal privilege helps foster a culture of arrogance and entitlement. And at the same time it creates a situation where doctors depend on government power for their wealth and cultural prestige, since they depend on it to create an artificial scarcity of medical services, and to keep patients captive to the doctor’s preferred regimen. Moreover, whenever medical doctors get special political privileges over their patients, politics defines what will be counted as legitimate medicine, and so medical doctors necessarily become politicians, acting a minor faction of the ruling class, just by establishing professional standards. When those professional standards are enforced by law, State-approved doctors’ professional associations are transformed from voluntary associations into a branch of the government, and medicine is transformed from a service to the patient into an arm of State policy.

And whenever, wherever, and exactly to the extent that the State gives doctors this kind of power over their patients, and makes them instruments of State policy, State-privileged doctors will owe their primary loyalty to power of the State, not to their patients.

The results of that shift in loyalty will depend on the nature of the State that claims their loyalty. When a State is relatively restrained, or simply incompetent, doctors will still help their patients, for the most part, rather than hurting them. When a State becomes more predatory, or lethal, politically-privileged doctors will be called on to be fine-tuned instruments of the predation or the murder. Since they depend on the State, politically-privileged doctors will usually answer the call, even if it means subjecting their victim-patients to malpractice, torture, or murder. Indeed, since a more powerful and invasive hygienic or therapeutic State means more power and influence for politically-privileged doctors, many of them will not only side with and collaborate with a predatory or lethal State, but will actively urge it onwards toward ever greater atrocities, and beg to be given the responsibility for carrying them out.

As Yoel Abells, a Toronto family doctor and medical ethicist, said of the experience in Germany under the Third Empire, and America under the United States government’s Global War on Terror:

One fact Abells found particularly disturbing was that doctors joined the Nazi Party in greater numbers than other professionals.

Almost half of all doctors were members of the Nazi Party, he said, compared with only a quarter of lawyers or musicians, and to the 9 per cent of the German population as a whole.

Joining Nazi groups, he said, was intoxicating for many doctors because of the power over life and death it gave them.

Today, Abells said, a disturbing number of doctors continue to be involved in genocidal campaigns, terrorist organizations, torture and the interrogation of prisoners of war.

A report in the New England Journal of Medicine in September found that the U.S. Army continues to use doctors in its interrogation of suspected terrorists, despite every major medical association condemning the practice.

— Stuart Laidlaw, HealthZone.ca (2008-11-05): Medical atrocities did not end with Nazi era

As Cheryl Cline writes:

The collusion of the medical profession with the State is certainly nothing new. And sadly, it is not all that surprising. Intuitively, the public trusts its doctors and others perceived as public servants more than it trusts, say, its lawyers or ad men. (The popular TV show Mad Men is a perfect example of capitalization on our distrust of the capitalist-minded. Can you think of a show that would portray doctors in a similar light?) With so many people putting blind faith in government bureaucrats to foster the public good, it’s hardly surprising to see the two entities take advantage of the public's trust to merge and consolidate power.

— Cheryl Cline, der Blaustrumpf (2008-12-02): Trusting Doctors

When doctors have this unchecked power to wreak torture or death on patients — whether it’s thrust upon them by an aggressive State, or whether they collaborate with an ambitious State to get it — then you will always get atrocities. And that’s an outrage. But it should not be a surprise. It is not an abuse of power; the power itself is the abuse, and doctors will always and everywhere sweep aside their ethical obligations to patients in favor of political obedience to the State, as long as it is State power rather than patients’ consent that determines what counts as legitimate medical practice, and as long as State privilege transforms medical practice from a consensual service into a forcibly-wielded instrument of public policy — which is to say, an instrument of State power. Sometimes it happens in little, obnoxious ways (under little, obnoxious legal regimes), and sometimes it happens in big, deadly ways (under big, deadly legal regimes), but it’s been going on for a long time now, and there’s no way around it. No way, that is, except genuine freed-market medicine, the only thing that can free the medical profession from the influence of State power and to make doctors accountable to patients rather than to power. No way, that is, except to abolish all forms of political command-and-control over the practice of medicine and to let doctors return to providing nothing more, and nothing less, than a consensual, life-affirming service to willing patients.

See also:

• Charles W. Johnson, M.D., Medical Political Protection, in Rampart Journal of Individual Thought IV.3 (Spring 1968).
• GT 2008-06-25: State ownership of the means of reproduction. (#2)
• GT 2008-05-05: Texas psychoprisons
• GT 2007-10-29: For her own good
• GT 2007-10-25: Radical healthcare reform
• GT 2006-04-13: How physicians learned to stop worrying and love Big Pharma