Truegold`s legal pastI think its important for people to see past legal cases that you have been involved in since you talk about legal issues in every post.Enjoy the read;
May 5, 2003
SHARON H. COOK, PLAINTIFF,
v.
CORPORATION OF THE PRESIDENT OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, ET AL., DEFENDANTS.
The opinion of the court was delivered by: David Nuffer, United States Magistrate Judge
ORDER
Sharon Cook filed this employment discrimination case against her employer and other individuals alleged to be agents of her employer.*fn1 Plaintiff is attempting to conduct this suit as her own attorney.
The courtroom seems approachable to those without legal training or a license to practice law. The courts permit people to advocate in their own behalf, without a license or training. Our commitment to universal redress of rights compels the facility of pro-se filing. But in a sense, this ease of access to the courts is misleading.
Though the rules allow individuals to file and prosecute their own suits, there is no guarantee that access will lead to success. Being able to file does not mean that merit will be found. It is much easier to plead a claim than to prove one. The pro-se litigant starts with a considerable handicap that increases as the case proceeds.
It is not possible for the Court to depart from its impartial role to aid a pro-se litigant. Many pro se litigants become frustrated by the procedural rules and substantive laws they do not understand. They blame the system or a conspiracy of judges and opponents. Plaintiff has reached this state, asking (in one of the many memoranda considered in preparing this order):
Are there conversations behind the scenes involving members of this Court which involve bias [sic] comments against Plaintiff's key witness, Steven C. Davis, and his reict relationship as a prominent Church leader since 1989 with Defendants HINCKLEY, COP and GOLDHARDT?*fn2
The most serious handicap of the pro-se litigant is the inability to assess the merits of his or her own position. The pro-se litigant's inability to perceive the true position leads to distortions and further misunderstanding.
This preliminary observation will in part explain the disposition of the several motions treated in this order. It would not matter who made such motions; the result could not be different, because of the merits. On the other hand, a person with legal training, experience, and a license to practice law probably would not have filed these motions.