Alan S. v. Superior Court of Orange Cty.

I. INTRODUCTION

We scheduled an order to show cause (OSC) on father Alan S.’s writ petition challenging two pretrial orders implicating his ability to retain counsel, because his petition presents an important issue regarding access to justice for pro per family law litigants. (See generally Elkins v. Superior Court (2007) 41 Cal.4th 1337, 1369, fn. 20 [ 63 Cal.Rptr.3d 483 , 163 P.3d 160 ] (Elkins) [recommending task force “to study and propose measures to assist trial courts in achieving efficiency and fairness in marital dissolution proceedings and to ensure access to justice for litigants, many of whom are self-represented”].)

The issue, generally framed, is how courts are to achieve, particularly in low and middle income cases, the legislative goal of assuring “each party has access to legal representation to preserve each party’s rights . . . .” (Fam. Code, § 2030, subd. (a)(1), italics added; see also Fam. Code, § 2032, subd. (b) [goal that “each party, to the extent practical, . . . have sufficient financial resources to present the party’s case adequately” (italics added)]; Hogoboom & King, Cal. Practice Guide: Family Law (The Rutter Group 2008) ][ 5:180, p.…