Proposing an amendment to the Constitution of the United States to require transparency in attorney discipline, establish a national case law database, abolish filing fees for natural persons, standardize federal court rules, protect self-represented parties, create alternative pathways to legal practice, and define the scope of legal information versus legal representation.
But what is it to justice, how many, or how few; how high, or how low; how rich, or how poor; the contending parties may chance to be? Justice is indiscriminately due to all, without regard to numbers, wealth, or rank.
- John Jay, First Chief Justice of the Supreme Court (State of Georgia v. Brailsford, et al.)
I think it one of the greatest benefits in a good government, that each citizen should find a court of justice within a reasonable distance, perhaps, within a day's travel of his home; so that, without great inconveniences and enormous expences, he may have the advantages of his witnesses and jury.
Why This Amendment?
Justice Costs Too Much
The average attorney charges $250-$400 per hour. A simple civil case can cost $10,000-$50,000. Most Americans cannot afford to enforce their rights or defend themselves. The wealthy have access to justice. Everyone else has access to courthouses they cannot afford to use.
Legal Deserts
Entire regions of the country have almost no attorneys. Rural communities, poor neighborhoods, and small towns are legal deserts. People must travel hours or go without representation. The court may be nearby, but help is not..
The Attorney Monopoly
The legal profession controls who can practice law, who can give advice, and who can help. State bar associations—private trade organizations—set the rules. They require expensive graduate degrees, limit competition, and prosecute anyone who helps without a license. The result is artificial scarcity and inflated prices.
Pro Se Litigants Are Set Up to Fail
People who represent themselves face a rigged system. Courts deny them access to electronic filing. Clerks refuse to help. Judges dismiss cases on technicalities without explanation. Opposing attorneys exploit their lack of knowledge. The system treats self-representation as a nuisance, not a right.
Court Records Cost Money
Federal court records are locked behind PACER, which charges per page. Case law databases cost thousands per year. Citizens cannot afford to research the laws that govern them.
Local Rules as Gatekeeping
Every federal district and circuit has its own local rules. The rules were supposed to cover administrative matters like courthouse hours. Instead, they create procedural traps that have nothing to do with the merits of a case. Federal law already says local rules cannot conflict with federal rules. Courts ignore this.
Free Access to Courts
No filing fee or court cost for any natural person seeking access to federal court. Cost is not a barrier to justice. If a person sues a business and wins, the business pays the court costs.
Attorney Transparency
Complaints against attorneys are public from the date of filing—just like complaints against doctors. A national database tracks all complaints across all state bars. The public can see an attorney's record before hiring them.
Multiple Pathways to Practice
People can become attorneys through a traditional law degree, an undergraduate law degree with bar exam, or a supervised apprenticeship with bar exam. More pathways mean more attorneys, lower prices, and fewer legal deserts.
Deregulate Legal Information
Non-lawyers can explain legal rights, prepare documents, and give advice. No one is prosecuted for helping someone understand the law. People take responsibility for verifying advice they receive. This is how it is done in most countries.
Equal Access for Pro Se Litigants
Self-represented parties get the same access to filing, court records, and procedures as attorneys. Clerks provide the same assistance. No court can require an attorney as a condition of filing or appearing.
Pro Se Protections
Courts cannot dismiss pro se claims before discovery. Before dismissing any claim, the court must provide written guidance on deficiencies and grant at least one chance to fix them.
Free Court Records
All federal court records and case law are free and searchable. No paywalls. Citizens can research the law that governs them.
Uniform Federal Rules
One set of federal rules applies everywhere. Local rules are voided. No more traps for people unfamiliar with local courthouse customs.
This proposal sets rules for federal courts and attorneys practicing in federal courts. States still control state court systems and state bar admissions.
The proposal eliminates filing fees for natural persons in federal court, makes attorney complaints public, requires uniform federal rules, and guarantees equal access for pro se litigants. These apply to federal courts directly.
For attorneys, the proposal requires transparency as a condition of practicing in federal court. Any attorney who wants federal court access must have their complaint record in the national database. States must comply with transparency requirements within five years or their attorneys lose federal court access.
For pathways to practice, the proposal establishes multiple routes to federal court admission. States must establish at least two pathways for state court practice within five years.
Other democracies do not require expensive graduate degrees for legal practice. The United Kingdom, Australia, Canada, and most of Europe allow undergraduate law degrees or apprenticeship. The United States is an outlier in restricting access to legal help. This proposal brings America in line with international practice while preserving state authority over state court systems.
Access to Justice
Each section shows the legal text and what it means in plain language. You don't need a law degree to understand what you're voting on.
Attorney Transparency
Legal text
- Complaints filed against attorneys with any state bar association, disciplinary body, or court shall be made available to the public.
- Upon filing of a complaint, the following information shall be made public:
(1) Date of filing;
(2) Name of the attorney;
(3) Category of alleged misconduct;
(4) State bar or disciplinary body receiving the complaint; and
(5) Status of the complaint. - Upon disposition of any complaint, the following shall be made public:
(1) The full complaint;
(2) The attorney’s response;
(3) The findings of the disciplinary body; and
(4) The outcome, including any discipline imposed.
Plain Language
- Any complaint filed against an attorney with a state bar, disciplinary agency, or court must be made public.
- As soon as a complaint is filed, the public must be told:
(1) The date it was filed;
(2) The name of the attorney;
(3) The type of misconduct being claimed;
(4) Which state bar or disciplinary body received the complaint;
(5) The current status of the complaint. - When the complaint is resolved, the public must be given:
(1) The full complaint;
(2) The attorney’s written response;
(3) The findings of the disciplinary body;
(4) The final outcome, including any discipline imposed.
National Attorney Grievance Database
Legal text
- There shall be established a national database of attorney complaints and discipline, maintained by the Administrative Office of the United States Courts.
- Every state bar and attorney disciplinary body must report the following to this database, indexed by individual attorney and identified by state bar number and full legal name:
(1) The total number of complaints filed annually and the attorney's total active caseload for that year;
(2) The current status of all pending complaints;
(3) The final disposition of all resolved complaints, including whether each complaint was dismissed without investigation, dismissed after investigation, or substantiated;
(4) Any discipline imposed;
(5) The full content and details of any complaint that results in discipline. - The database shall be searchable by attorney name, state, category, date, and outcome.
- The database shall be available to the public at no cost.
- Reporting to the national database shall be a condition of attorney admission to practice before any federal court.
Plain Language
- A national database of attorney complaints and discipline will be created and managed by the Administrative Office of the United States Courts.
- Every state bar and attorney disciplinary body must report to this database:
(1) The amount of complaints filed against each attorney and the amount of cases the attorney had that year;
(2) The current status of complaints that are still pending;
(3) The final results of complaints that have been dismissed without investigation, dismissed after an investigation, and how many were found to true;
(4) Those found to be true, what was the punishment imposed
(5) If they resulted in some form of discipline, they have to published the full complaint. - The database must allow searches by attorney name, state, type of complaint, date, and outcome.
- The database must be free and open to the public.
- A lawyer cannot practice in federal court unless their state bar reports this required information to the national database.
National Case Law Database
Legal text
- There shall be established a national database of legal decisions and filings, maintained by the Administrative Office of the United States Courts.
- The database shall include:
(1) All decisions of federal courts;
(2) All decisions of state courts as reported by the states;
(3) Docket information for all filed cases; and
(4) All court rules, forms, and procedural guidance. - The database shall be free, searchable, and downloadable by the public.
- States shall report decisions and docket information to the database within five years of ratification.
Plain Language
- A national database of court decisions and filings will be created and managed by the Administrative Office of the United States Courts.
- The database must include:
(1) All decisions from federal courts;
(2) All decisions from state courts, as provided by the states;
(3) Basic docket information for every case that is filed;
(4) All court rules, forms, and instructions about procedures. - The database must be free for the public, easy to search, and allow documents to be downloaded.
- Within five years after the amendment is approved, states must begin reporting their court decisions and docket information to the national database.
Filing Fees and Court Costs
Legal text
- No filing fee or court cost shall be imposed upon any natural person seeking access to any federal court.
- Corporations, partnerships, and other legal entities shall remain subject to filing fees as established by law.
- No case brought by a natural person shall be dismissed for failure to pay fees or costs.
- In any case brought by a natural person against a corporation, partnership, or other legal entity, if judgment is entered in favor of the natural person, the court shall order the defendant to pay all court fees and costs that would have been assessed had the plaintiff been subject to such fees.
Plain Language
- No individual person will have to pay filing fees or court costs to bring a case in federal court.
- Companies, partnerships, and other legal entities will still have to pay filing fees as required by law.
- A case filed by an individual person cannot be thrown out just because they did not pay fees or costs.
- If an individual person sues a company or other legal entity and wins, the court will order that company or entity to pay all the court fees and costs that would have applied if the individual had been required to pay them.
Uniform Federal Rules
Legal text
- The Federal Rules of Civil Procedure, Federal Rules of Criminal Procedure, Federal Rules of Appellate Procedure, and Federal Rules of Evidence shall apply uniformly in all federal courts.
- No federal court shall promulgate, enforce, or apply any local rule.
- All existing local rules are void upon ratification.
- No party shall be sanctioned, have a filing rejected, or suffer any adverse consequence based on any requirement not contained in the Federal Rules.
- Any party who suffers an adverse ruling based on a requirement not contained in the Federal Rules shall be entitled to immediate reversal and recovery of costs incurred.
Plain Language
- The same Federal Rules of Civil Procedure, Criminal Procedure, Appellate Procedure, and Evidence must be used in every federal court.
- No federal court is allowed to create or enforce its own local rules.
- All current local court rules become invalid as soon as the amendment is approved.
- No one can be punished, have a filing rejected, or face any negative result for failing to follow a rule that is not written in the official Federal Rules.
- If someone receives a negative ruling because of a rule that is not in the Federal Rules, that decision must be reversed right away, and the person must be reimbursed for the costs they incurred.
Protection of Self-Represented Parties
Legal text
- No motion to dismiss for failure to state a claim shall be granted against a self-represented party until such party has had opportunity to conduct discovery relevant to the claims alleged.
- Before dismissing any claim brought by a self-represented party, the court shall provide specific written guidance identifying the deficiencies in the claim and shall grant leave to amend at least once.
- No court shall deny any party access to any filing method, procedure, system, or court resource that is available to licensed attorneys. A self-represented party shall have equal access to electronic filing systems, court records, procedural accommodations, and all other resources available to parties represented by counsel.
- Court clerks and staff shall provide the same assistance to self-represented parties as they provide to attorneys regarding procedural requirements, filing methods, and court processes. Such assistance shall not constitute legal advice.
- No court rule shall require representation by a licensed attorney as a condition of filing, appearing, or participating in any proceeding.
Plain Language
- A judge cannot dismiss a case filed by someone representing themselves for “failure to state a claim” until that person has been allowed to gather evidence through discovery that relates to their claims.
- Before dismissing a claim filed by someone representing themselves, the court must give written instructions explaining exactly what is wrong with the claim and must allow the person at least one chance to fix it.
- A court cannot block someone representing themselves from using any filing system, procedure, or resource that lawyers are allowed to use. A self-represented person must have the same access to electronic filing, court records, accommodations, and other court tools as an attorney.
- Court clerks and staff must give the same procedural help to self-represented people that they give to lawyers about how to file and follow court processes. This help cannot include giving legal advice.
- No court rule may require a person to hire a licensed attorney in order to file papers, appear in court, or take part in a case.
Pathways to Legal Practice
Legal text
- Every State and the United States shall establish multiple pathways to legal practice, which shall include at minimum:
(1) Completion of an undergraduate law degree with qualifying examination; and
(2) Completion of a supervised legal apprenticeship of no fewer than four years with qualifying examination. - No person shall be denied admission to practice before any court based solely on lack of a graduate or doctoral degree in law if such person has satisfied a pathway established under subsection (a).
- States shall comply with this section within five years of ratification.
Plain Language
- Every state and the federal government must create more than one way to become a lawyer. At minimum, these options must include:
(1) Earning an undergraduate law degree and passing a required exam;
(2) Completing at least four years of supervised legal apprenticeship and passing a required exam. - A person cannot be refused the right to practice law in court just because they do not have a graduate or doctoral law degree, as long as they completed one of the approved pathways.
- States must put these new pathways in place within five years after the amendment is approved.
Legal Information and Advice
Legal text
- The following activities are reserved to persons licensed to practice law:
(1) Appearing before any court or tribunal as representative of another person; and
(2) Holding oneself out as a licensed attorney, solicitor, or counselor at law. - The following activities shall not require licensure and shall not constitute unauthorized practice of law:
(1) Providing information about laws, legal rights, or legal procedures;
(2) Explaining legal options available to another person;
(3) Preparing legal documents on behalf of another person;
(4) Assisting another person in completing court forms; and
(5) Providing advice regarding legal matters. - No person who is not a licensed attorney shall be subject to criminal prosecution, civil penalty, or professional sanction for engaging in activities described in subsection (b).
- Every person receiving legal information or advice from a person who is not a licensed attorney bears responsibility to verify such information and make their own informed decisions.
Plain Language
- Only licensed lawyers may:
(1) Represent someone else in court or before a legal tribunal;
(2) Claim or advertise that they are a licensed attorney. - A license is not required to:
(1) Share information about laws, rights, or court procedures;
(2) Explain the legal options a person has;
(3) Help prepare legal documents for someone else;
(4) Help someone fill out court forms;
(5) Give advice about legal matters. - A person who is not a licensed lawyer cannot be criminally charged, fined, or professionally punished for doing the activities listed in subsection (b).
- Anyone who receives legal information or advice from a non-lawyer is responsible for checking that information and making their own decisions.
Attorney Professional Duties
Legal text
- Licensed attorneys shall remain subject to professional duties of competence, loyalty, confidentiality, and candor when providing legal services. An attorney who provides legal advice for compensation or who holds themselves out as providing legal services shall owe full professional duties to the person receiving such services.
- No attorney shall provide legal advice or information to any person whom the attorney knows or reasonably should know is an opposing party or potential opposing party in any legal matter. Any communication by an attorney to an unrepresented opposing party must clearly state that the attorney represents an adverse party and that the unrepresented person should seek independent legal advice.
Plain Language
- Licensed lawyers must follow professional duties such as being competent, loyal to their client, keeping information confidential, and being honest with the court and others. If a lawyer gives legal advice for payment or presents themselves as providing legal services, they owe full professional responsibilities to the person receiving that advice.
- A lawyer may not give legal advice or information to someone they know, or should reasonably know, is on the opposite side of a legal matter. If a lawyer communicates with an unrepresented opposing party, they must clearly state that they represent the other side and that the person should seek their own independent legal advice.
Enforcement
Legal text
- The rights secured by this article are self-executing and shall not require enabling legislation to be enforceable.
- Congress shall have power to enforce this article by appropriate legislation.
- Any citizen of the United States shall have standing to bring suit in any federal court to enforce the provisions of this article.
- No State law or action inconsistent with this article shall have any force or effect.
- No provision of this article shall be construed to limit individual rights or remedies otherwise available under this Constitution or the laws of the United States.
Plain Language
- The amendment works on its own. The moment it becomes part of the Constitution, people can use it. Congress does not have to pass another law first to “turn it on.” If someone violates it, a court can enforce it right away.
- Congress has the power to pass laws to carry out and enforce this amendment.
- Any candidate or political party whose rights under this amendment are denied may file a lawsuit in federal court to ask a judge to stop the violation.
- Any State law or action that conflicts with this amendment has no legal effect.
- It does not take away any other rights people already have. It adds protections, but it does not reduce anything that already exists in the Constitution or other laws. If someone has another legal option to protect their rights, they can still use it.
Effective Date and Implementation
Legal text
- This article shall take effect immediately upon ratification.
- Congress shall provide for the funding necessary to implement this article through existing appropriations, budget reallocations, or reductions in other expenditures, and may not fund its implementation through fees, surcharges, or new taxes imposed on the general public. Nothing in this section shall be construed to prohibit Congress from adjusting tax policy applicable to higher‑income individuals or large corporations to meet these obligations.
- This article shall be inoperative unless ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within one year from the date of its submission to the States by the Congress.
Plain Language
- This amendment becomes active as soon as it is approved.
- Congress has to pay for this amendment by using money it already has, by moving money around in the budget, or by cutting other spending. It cannot pay for this by charging new fees or creating new taxes on regular people. But Congress is still allowed to change tax rules for people with higher incomes or big corporations if it needs to cover the cost.
- It only becomes part of the Constitution if enough states approve it. Three-fourths of the states must vote yes. If that does not happen within one year after Congress sends it to the states, then the amendment fails and does not take effect at all.
Provisional Voting
These options exist because some provisions in this amendment have more than one legitimate solution. The draft reflects what comparative research and international precedent suggest is the strongest approach — but reasonable people can disagree on implementation.
You get one vote per poll. You are not required to vote on any of them. Only vote if you believe the current draft language should change. If none of the listed options reflect your position, you can submit an alternative in the discussion below.
Questions and Consideration
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