Access becomes a little more equal

Dave Jones
Chair, Assembly Judiciary Committee

Jones

One has only to watch the nightly news to see examples of societies that lack a fair and impartial judicial system. It’s a constant reminder of how fortunate we are to live and practice law in a nation founded on a commitment to justice and the rule of law.

As lawyers, I believe we have a professional and personal obligation to make sure that our system of justice is fair and open to all. The very work we do as members of this profession is dependent upon a fair and equal judicial system. Many of us caught up in the daily demands and stress of legal practice, however, do not find the time to reflect on the important role we should play in maintaining our system of justice, except perhaps when we participate in Law Day activities, or catch Gregory Peck in a late-night showing of To Kill a Mockingbird.

Beginning this month, when the State Bar issues our 2008 dues statements, California lawyers will have the same opportunity as lawyers in other states to demonstrate our commitment to equal access to justice by making a voluntary donation to support legal aid programs when we pay our bar dues.

The revised dues statement reflects the work of a diverse and distinguished task force of lawyers and judges appointed by the State Bar to implement AB 2301 (Judiciary) of 2006 under the leadership of Justice Douglas Miller of the Fourth District Court of Appeal.

This opportunity fits nicely with this year’s SB 686 (Corbett), which recognizes that financial contributions can now be counted toward satisfying a lawyer’s pro bono ethical commitment.

Called the “Justice Gap” fund to reflect the $400 million annual disparity that currently exists between the legal needs of poor Californians and the help they receive, donations to this fund will help legal aid programs provide legal assistance to low-income clients, such as victims of domestic violence and elder abuse, help to keep families intact by avoiding homelessness and establishing guardianships, and work to ensure that low-income children receive needed health care and special education services.

As the nonpartisan California Commission on Access to Justice has repeatedly documented, these programs are currently able to meet only a fraction of the demand for help.

At least two-thirds of the civil legal needs of low-income Californians are not being met. Astonishingly, California provides less than $23 of legal services per poor person on average — that’s less than the cost of replacing your State Bar membership certificate.

The unavailability of legal services not only disadvantages people with legal problems, it burdens the justice system itself because unrepresented litigants consume significant court time, causing inefficient and costly delays in proceedings for all court users, and exacerbating the shortage of judges. Court officials estimate more than 4.3 million court users are unrepresented. While great efforts have been made to provide self-help services, in many cases a party must have the assistance of counsel to have meaningful access to justice.

California lags behind other states in total funding for legal aid. Some states have implemented innovative measures, such as requiring every lawyer to report pro bono service hours or imposing mandatory lawyer surcharges.

While these steps have reportedly led to dramatic gains in resources, other states have found success with the approach we have taken by simply giving lawyers the opportunity to make voluntary contributions.

My hope is that California lawyers will prove that we care as much about equal access as our colleagues in other states, and match or surpass the participation rates they have experienced, such as the 80 percent participation South Carolina has seen.

Of course, lawyers will not be able to fill the justice gap on their own, but we must lead the way.

The Access Commission has recommended doubling the level of funding in the state budget for the Equal Access Fund. I will continue to ask my colleagues to work with me to meet that goal. But as a member of the Legislature where representation by lawyers is at an historic low, I am constantly reminded that there are many competing demands on public resources, and non-lawyers do not always understand access to justice issues as we do.

We will find more allies in the fight for equal access if we demonstrate that no one is more committed than we are to the cause of justice for all. I hope that you will take the opportunity presented by the bar dues statement to make a contribution to support equal access to justice.