Part V: System-Adversarial--The Story of Lassiter

In addition, the Matthews factors omit relevant interests from the balance. Process has a value of its own, separate from its utilitarian function of leading the court to a more correct result. Where, for example, do a party's interests in dignity and a feeling of being taken seriously fit into the balance? Judging from the paper transcript, neither Abby Gail nor Lucille was treated with dignity. A lawyer might have made a difference, by improving their ability to represent their case and by decreasing the judge's annoyance at them. But the Court generally has not included such dignitary interests in the due process balancing factors. Should it? Also, is there a separate interest in the community's believing that disputes are being resolved fairly? The community, especially those who are indignant, may lack confidence in the fairness of termination proceedings. Would providing a lawyer for the parent increase that level of confidence and make people more likely to report suspected parental problems? These intangible factors do not "balance" well, but their exclusion slants the Mathews test toward less rather than more procedural protections.