It’s too bad we can’t ground state legislators until they significantly improve our small claims courts. Yesterday, the legal reform group HALT issued its 2004 Small Claims Court Report Cards for each state. As with its 2002 report cards, the results are disappointing.
The 2004 Small Claims Report Card graded states in six categories: dollar limit, self-help, convenience, mediation, expedited collection and injunctive relief. Grades varied from the “B” range for top-ranked Georgia and three other states, to failing marks for Delaware, Kentucky, Mississippi and Missouri. No state received an “A” grade.
The 2004 report card emphasizes the urgent need to raise jurisdictional dollar limits on small claims courts-as low as $1,500 in some states, which makes these courts a venue where only conflicts of nominal value are resolved. The report card also reveals the necessity of implementing reforms to make these courts a more consumer-friendly, accessible alternative to traditional litigation.
The National Summary of Grades shows the overall grade of every state, plus the grade in each category. A press release covering each state is available at the HALT site, along with the state’s Report Card. The Report’s summary notes:
“Small claims courts – which use simplified procedures, require plain English, provide consumer aids and often prohibit lawyers – have tremendous promise as a means of empowering ordinary people to take charge of their own routine legal needs. By reforming these courts to fulfill this promise, state lawmakers can show a commitment to opening up the legal system to all Americans.”
Here is a summary of the grades received:
“a Key” none “b Key” five states
“c Key” 23 states “D key” 19 states “f Key” four states
the Ten Best List: 1) Georgia; 2) California; 3) Colorado; 4) Utah; 5) New Mexico; 6) Tennessee; 7) Wisconsin; 8) Minnesota; 9) (tie) Alaska; 9) (tie) New York
the Ten Worst List: 1) Kentucky; 2) Missouri; 3) Wyoming; 4) Louisiana ; 5) (tie) Indiana; 5) (tie) Oklahoma; 7) Michigan; 8) North Carolina 9) Alabama; 10) (tie) Connecticut; 10) (tie) Kansas; 10) (tie) Massachusetts; 10) (tie) Rhode Island
[O]ur lawmakers could give a big chunk of the civil justice system back to the people by simply increasing the dollar limits allowed in small claims courts. By permitting claims up to $20,000 in these user-friendly “people’s claims courts,” we could greatly increase access to justice, and greatly decrease the time and money spent to resolve the everyday disputes of consumers and small businesses.
Meanwhile, skepticalEsq keeps suggesting that it is the legal profession that is blocking efforts to reform small claims courts.