Page 16 - Impact: Collected Essays on the Threat of Economic Inequality

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Generational poverty behavior often involves the inability to follow directions and extreme disorganization .47 In addition, arguing loudly and the use of inappropriate language are frequent . Distrust of authority, feeling that the system is unfair, and reliance on a casual register of communicating all contribute to behavioral issues .48 The type of voice an authority figure uses in speaking to an individual may be received as offensive and lead to a shut down .49 One judge, who handled eviction cases regularly, quizzed poor tenants whether they had cable television in their households . The quizzing was selective, judgmental, and demanding . Litigants regularly were offended . Judicial and non-judicial figures should address all litigants in a non-judgmental and non-negative “adult voice” and not a “parental voice,” which is authoritative, directive, judgmental, evaluative, demanding, and sometimes punitive and threatening . Communication style is particularly significant when dealing with a poor person .
The challenge to the justice system in dealing with the implications of generational poverty is how to make a system that is based on print culture and formal register language responsive to individuals who are faced with dealing with life-altering legal issues in an environment that is confusing . These litigants will have trouble preparing for their cases due to disorganization and may have trouble producing paperwork necessary to prove their cases . Litigants whose poverty is generational will have difficulty conveying their stories in the linear fashion that judges and lawyers are accustomed to hearing . They more than likely will be repetitive in making their points, without a final point, exhausting judges and the time available to resolve busy calendars . Just as important, they may not comprehend or be able to read written orders, decisions or agreements . Oral orders, decisions, and agreements, unless plainly stated and repeated, may also not be comprehended . Directions or follow-up steps may not be followed . Judges in particular and non- judicial personnel speak often in a “parent voice,” leading litigants to shut down or becoming resistant to authority .
Other practical life barriers can prevent impoverished persons from obtaining justice . Some individuals will not be able to get to the courthouse due to lack of transportation . Either money for public transportation or long distances inaccessible by public transportation can be a barrier, particularly for the rural poor . Lack of daycare or inability to take off from work can result in missed court dates . Poor litigants may not have appropriate clothing for court . Some individuals may not have the money to buy appropriate clothes . Other individuals who live in poverty simply may not know what is appropriate . Middle class individuals dress to be accepted into the norm of middle class society . In poverty, individuals see clothing as an expression of personality and individual style, not as a way to comply with the norm .50 Sexually explicit clothing is often observed in courtrooms where low-income individuals have cases . T-shirts with inappropriate language and hats may also be seen . Intolerant judges have been known to post rules based on middle class norms prohibiting entry into courtrooms of individuals deemed to be dressed inappropriately . Individuals who are sent home can be defaulted or can fail to return for their next court dates .
The challenges to ensuring that individuals who live in poverty receive equal justice are numerous and complex . Solutions depend on adequate financial resources and require working with non-
47 payne, supra note 9, at 110 (rev. ed. 2009). 48 Id.
49 Id.
50 Id. at 44-45.
Impact: Collected Essays on the Threat of Economic Inequality