“sometimes a Person Just Needs a Good Lawyer” Addressing the Civil Access to Justice Crisis
| Publication year | 2017 |
| Pages | 4 |
| Citation | Vol. 46 No. 11 Pg. 4 |
CBA PRESIDENT’S MESSAGE
By DICK GAST.
Where do you think the United States ranks in terms of accessibility and affordability of civil justice? As much as we pride ourselves on the rule of law, our ranking must be high—right?
Unfortunately, that’s not the case. As reported in the World Justice Project’s 2016 Rule of Law Index, the United States ranks 94th out of 113 countries on “the accessibility and affordability of civil courts, including whether people are aware of available remedies, can access and afford legal advice and representation, and can access the court system without incurring unreasonable fees, encountering unreasonable procedural hurdles, or experiencing physical or linguistic barriers.”[1] Tat ranking ties us with Tanzania, and puts us just a bit behind Belarus and slightly ahead of Afghanistan.[2] Our rank dropped over 30 spots between 2015 and 2016, continuing a slide that occurred over the past three years.[3]
Here in Colorado, the situation is equally troubling. In 2014, the Colorado Access to Justice Commission aptly titled its report on civil legal needs “Justice Crisis in Colorado 2014.”[4] Relying on testimony from hearings around the state, the Commission stressed that “the crisis in representation and access for low-income Coloradans remains severe.”[5]
Some may wonder why this issue rises to the level of a “crisis.” Well, if people don’t think our legal system can actually help them, then their mistrust in that system grows, and respect for our rule of law is compromised.
The Colorado legal community is committed to addressing the civil access to justice crisis and has been busy developing tools for people with varying degrees of need. Some people just need information. For those we have tools like our state-funded Self Help Centers[6] in courthouses around the state staffed by competent, hard-working self-represented litigant coordinators (Sherlocks). Another great source of information is the online Colorado Legal Help Center.[7]
Some people need more than information. They need legal advice. For those we have a variety of pro bono programs and clinics (often operated by local bar associations) where lawyers volunteer their time to provide advice on civil legal problems.[8]
But the serious cases need actual legal representation. Those facing a wrongful eviction who may not be proficient in English are going to have a tough time navigating a court proceeding on their own and getting a truly fair shot at justice without a lawyer by their side. The 2017 Justice for All strategic planning process identifies the lack of legal representation as the biggest service gap on Colorado’s access to justice landscape.[9] Pro se parties proliferate. The Office of State Court Administrator reported that, for fiscal year 2016, 75% of the parties in domestic relations cases statewide were unrepresented.[10] This proliferation strains the ability to run an efficient, effective justice system. Moreover, litigants feel less trust in case outcomes when they navigate the system without a...
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