A Call to Action The Path To Equal Justice: A Five-year Status Report on Access to Justice in California Released November 2002

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A Call to Action The Path To Equal Justice
A Five-year Status Report onAccess to Justice in
CaliforniaReleased November 2002

• California Commission on Access to Justice

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The Access to Justice Commission

• Established by the State Bar in 1997, Commission
  members are appointed by
• The Governor, Attorney General, Speaker and
  Legislative Leaders
• The Judicial Council, State Bar, and other
  judicial and legal groups
• Business and Civic groups such as the Chamber of
  Commerce, Labor Federation, Council of Churches,
  and League of Women Voters
• Goal True access to justice for all
  Californians, regardless of income or language
  ability

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Access to Justice The Big Picture

• There are 6.4 million low income Californians
  over 12 of the states population
• 72 of low income Californians 1.5 million
  families -- do not have access to a lawyer when
  facing serious legal issues
• Yet 89 of Americans agree that legal help for
  civil matters should be provided for low-income
  people

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Examples of Legal Services Clients

• Battered spouses seeking freedom from violence
• Families trying to secure benefits for disabled
  children
• Tenants trying to avoid illegal evictions
• Elderly victims of home equity fraud or abuse
• Grandparents trying to become guardians for
  grandchildren
• Homeless veterans seeking job training and health
  benefits
• Uninsured families seeking medical coverage

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The First Five Years The Good News

• Increases in Funding
• The 10 million Equal Access Fund -- the first
  state funding for legal services supports
• 100 local legal aid programs, and
• Court-based self-help centers
• Dramatic increase in Private funding now over
  30 of total budget for civil legal services

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Total Funding of Civil Legal Services in
California in 2000
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The First Five YearsThe Good News (contd)

• Under the leadership of Chief Justice Ronald
  George, Courts are overcoming barriers to equal
  justice
• Family law facilitators in all 58 counties help
  more than 30,000 family law litigants each month
• User-Friendly Courts offer
• support for those with limited English
  proficiency
• simplified court forms
• the Judicial Council Self-Help Website - a model
  for the country

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Yet Serious Challenges Remain

• In California, the poor got poorer
• 6.4 million Californians live in poverty
• 26 of California jobs provide wages below the
  poverty level
• Half of the national increase in poverty in the
  1990s occurred in California

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More Bad NewsFunding at Risk

• IOLTA funds, a major source of funding for legal
  services for the poor, declined by 44 between
  2001 and 2003
• Foundation grants and United Way contributions
  are also down
• Only 28 of civil legal services of low income
  families are being met
• There is 1 attorney for every 10,000 poor people

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Met and UnmetLegal Needs of the Poor
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The Access Gap
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Comparatively Low Funding

• Government funding in California for civil legal
  services is VERY low, only 13.20 per person
• Similar industrial states outspent California,
  some by three times that amount
• Minnesota -- 39
• New Jersey - 39
• Connecticut - 36
• Other countries also make legal services a higher
  funding priority.

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The Funding Gap in Civil Legal Services for the
PoorGovernment Spending per Eligible Poor Person
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Next Steps to Achieve Equal Justicein California

• The Equal Access Fund must be dramatically
  increased
• Establish a statewide plan to ensure equal access
  to justice in all areas of the state, both urban
  and rural
• Financial and Pro Bono contributions from
  attorneys must increase

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Next Steps to Achieve Equal justice in
California (contd)

• Improve assistance for millions of unrepresented
  litigants
• Expand assistance to litigants with limited
  English proficiency
• Develop innovative programs for delivering legal
  services to moderateincome Californians

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What Can YOU Do?

• Coordinate with key players in your community to
  consider
• Are there specialized needs in your community
  that must be addressed to make equal access a
  reality?
• Are you adequately serving those who speak
  languages other than English?

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What Can YOU Do? (contd)

• How can you improve the level of pro bono and
  financial contributions by lawyers in your
  community?
• How can you get local foundations to support
  equal access in your community?
• How can you generate more public attention and
  support for equal access issues?

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If the motto and justice for all becomes and
justice for those who can afford it, we threaten
the very underpinnings of our social contract.

• Chief Justice Ronald M. George
• State of the Judiciary Speech
• 2001