New Analysis Reveals Structural Barriers Facing Self‑Represented Litigants in Rhode Island’s Civil Courts
Providence RI: For years, Rhode Island has operated with a quiet but consequential gap in its judicial ethics rules; one that leaves self‑represented litigants without the protections that most other states guarantee. This gap is rarely discussed publicly, yet it shapes the outcomes of cases involving housing, family stability, and basic rights. Bringing this to light is essential for restoring trust in the courts.
In Rhode Island’s civil courts, people facing eviction, foreclosure, custody loss and other civil matters, are increasingly showing up alone, without lawyers. Across the United States, more than 75% of civil cases involve at least one self-represented litigant (SRL). In Rhode Island, that number is is 44% and rising 8% per year, bringing it higher and higher. Yet our state remains one of only seven without a Commission for Access to Justice, the proven model states use to make courts work for everyone, not just those who can afford representation.
Studies show that parties with lawyers are six times more likely to win than those without. It’s not because unrepresented citizens are wrong, it’s because the system is built for lawyers. At the center of this issue is a contradiction Rhode Island can no longer ignore. Every judge swears an oath to “support Rhode Island’s Constitution, and the Constitution of the United States.” That promise is not symbolic; it is the enforceable condition of judicial authority. Supporting the Constitution requires upholding due process, equal protection, and the right to meaningful hearings, all guaranteed by the Fifth and Fourteenth Amendments and fully integrated into the Constitution through Article V.
Yet Rhode Island maintains Judicial Rule 2.2(B), which allows accommodations for self-represented litigants to be discretionary. Not required. Optional. This is where the constitutional fault line opens.
Most other states follow the American Bar Association’s model rule, which explicitly allows judges to help unrepresented parties, by providing accommodations, so that hearings are fair. Rhode Island’s omission of Comment [4] from that model rule creates a loophole that leaves fairness optional.
Our judiciary’s own website deepens the divide. It warns citizens: “Although you can represent yourself, you are tasked with having the same knowledge of the court process as an attorney.” That expectation is impossible. Requiring citizens to perform as lawyers while denying them access to the same tools is not equal justice, it is a two-tiered system, one for the represented and one for everyone else. This systemic imbalance is well known to most attorneys and all judges in Rhode Island. They don’t want it to change because they benefit from it the way it is.
This policy vacuum hurts families, tenants, and consumers. Ignoring record‑supported facts or dismissing arguments solely because they come from a non‑lawyer is discrimination. In Rhode Island, judges are allowed to do this without accountability.
Strengthening access to justice in Rhode Island is one of the most direct ways to reinforce the rule of law. Silence and tolerance allow wrongdoing to persist. Awareness is the first defense.
A right that depends on a judge’s personal discretion is not a right. When courts treat every person, represented or not, with fairness, they reinforce the rule of law at the exact moment some actors are working to weaken it. In a time when bad‑faith attacks on democratic norms are growing louder, restoring trust in our courts is one of the most concrete ways to defend the system that protects us all.
This issue has persisted in silence for too long, and the public deserves to understand how these rules affect their rights. Rhode Island is one of seven states without a Commission for Access to Justice, which would help correct this disparity. The current Rhode Island Office for Access to Justice is little more than a public‑relations facade, creating the appearance of protection, while leaving underlying constitutional failures untouched. Establishing a Commission for Access to Justice would help judges, lawyers, and citizens work together to ensure that all Rhode Islanders, regardless of income, receive fair treatment.
About Justice Belongs to Everyone
Justice Belongs to Everyone is a public‑interest platform dedicated to expanding access to Rhode Island’s civil courts, increasing transparency, and promoting reforms that ensure fair treatment for all residents, regardless of income or legal representation. www.justicebelongstoeveryone.org