LAWYERLESS LITIGANTS, FILING FEES, TRANSACTION COSTS, AND THE FEDERAL COURTS: LEARNING FROM SCALES

Two Latin phrases describing litigants-pro sc (for oneself) and in forma pauperis (IFP, as a poor person)-prompt this inquiry into the relationship between self-representation and requests for filing fee waivers. We sketch the governing legal principles for people seeking relief in the federal court...

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Bibliographic Details
Published in:Northwestern University law review 2024-01, Vol.119 (1), p.109-192
Main Authors: Resnik, Judith, Wu, Henry, Dikler, Jenn, Wong, David T, Lilollari, Romina, Stobb, Claire, Beling, Elizabeth, Fried, Avital, Selbrede, Anna, Sollows, Jack, Tessema, Mikael, Udell, Julia
Format: Article
Language:English
Subjects:
Attorneys
Bankruptcy
Decision making
Federal courts
Fees & charges
Imprisonment
Judiciary
Litigation
Prisoners
State courts
Transaction costs
Waivers
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Summary:Two Latin phrases describing litigants-pro sc (for oneself) and in forma pauperis (IFP, as a poor person)-prompt this inquiry into the relationship between self-representation and requests for filing fee waivers. We sketch the governing legal principles for people seeking relief in the federal courts, the sources of income of the federal judiciary, the differing regimes to which Congress has subjected incarcerated and nonincarcerated people filing civil lawsuits, and analyses enabled by SCALES, a newly available database that coded 2016 and 2017 federal court docket sheets. This Essay's account of what can be learned and of the data gaps demonstrates the challenges of capturing activities in federal lawsuits and the burdens, unfairness, and inefficiencies of current federal court waiver practices.
ISSN:0029-3571