Court personnel should facilitate the use of the small claims procedure by the public.
Commentary
Courts are encouraged to explore means of publicizing the small claims process. The use of simple and inexpensive measures (such as a letter from the presiding justice or the clerk-magistrate to local public service agencies and public institutions describing the procedure) will help overcome the lack of public awareness and enhance the effectiveness of the small claims procedure.
Conspicuous signs should be posted near courthouse entrances directing the small claims litigant to the proper office. See Standard 2:01. On days when small claims sessions are held, signs should be posted to direct small claims litigants to the appropriate courtroom. The small claims section of the clerk-magistrate's office should make copies of the Uniform Small Claims Rules and other relevant instructions and/or information available for public reference.
Court employees should provide general guidance and information to potential small claims litigants, but should take care not to place themselves in the position of advocating or appearing to advocate a particular litigant’s position on the merits of the small claims case. Opinion No. 95-6 of the Advisory Committee on Ethical Opinions for Clerks of Courts, Supreme Judicial Court, November 8, 1995, reproduced as Appendix C; Uniform Small Claims Rule 2, as recently amended. Court personnel in the clerk-magistrate’s office may, in appropriate situations, suggest that a potential plaintiff or complainant consider a small claim as a "simple, informal and inexpensive" (G.L. c. 218, s. 21) alternative to a full-fledged lawsuit or criminal complaint, but should leave the decision to the litigant. Standard court procedures may be summarized in written form and made available to litigants.
Court personnel have special statutorily-mandated responsibilities regarding accessibility for non-English speaking litigants and litigants with disabilities. See Standards 2:05 and 2:06 for a full discussion of these issues. Court personnel should make every effort to be helpful to non-English speaking litigants or litigants with disabilities, but should take care that in their effort to be helpful they do not advocate, or appear to advocate, a particular litigant’s position on the merits of the claim. Court personnel should be aware that some litigants may mistake courtesy in providing information as support for the litigant's claim.