Access to Justice: a Judge's Perspective

JurisdictionUnited States,Federal
CitationVol. 32 No. 1 Pg. 4
Publication year2009
Pages4
topicCivil Procedure
Wyoming Bar Journal
2009.

Vol. 32, No. 1, 4. Access to Justice: A Judge's Perspective

Wyoming Lawyer
Issue: February, 2009

Access to Justice: A Judge's Perspective

By Hon. Scott W. Skavdahl
The words sound regal and the concept of providing access to justice sounds good. But what does it really mean and is it really that important? As a practicing attorney, I had little concern or appreciation for access to justice. My clients could pay the filing fee and my fee. What more was there to be concerned about, right? Wrong. The integrity of our legal system and the quality of justice it delivers requires access to justice be defined by more than merely words, packets or forms. It is substantive. Let me explain why I now feel this way and why I believe it is imperative that the words "access to justice" are given substance and meaning

As a judge, one of your biggest concerns is that in rendering your decision you have considered all the relevant evidence, considered the controlling precedent and made a legally correct decision. To achieve this result the judge is dependent, in part, upon the parties having presented all of the relevant evidence and controlling legal precedent. In the ideal scenario, counsel for the parties will have researched the legal issues, developed the facts and evidence to support their client's position and then presented their respective case to the Court. Based upon a complete understanding of the relevant facts and guiding legal precedent, the Court would then render a decision that is legally correct and justice...

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