A Call to Action The Path To Equal

Justice: A Five-year Status Report onAccess to Justice in California

Released November 2002

California Commission on Access to Justice

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

Access to Justice: The Big Picture

• There are 6.4 million low income Californians — over 12% of the state’s 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

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

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

Total Funding of Civil Legal Services in California in 2000

LSC grants & contracts 30,656,376Total public & IOLTA 10,230,039Equal Access Fund 9,500,000Special Purpose Funds 34,186,491Total Private 47,434,011Events, grants, United Way 30,656,376Total miscellaneous 16,825,068TOTAL 148,831,985

Total miscellaneous

11%

Special Purpose Funds23%

Equal Access Fund6%

Total public & IOLTA

7%

Total Private32%

Events, grants, United Way

21%

The First Five Years:The Good News (cont’d)

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

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 1990’s occurred in California

More Bad News:Funding 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

Met and Unmet Legal Needsof the Poor

28%

72%

% Met Legal Need

% Unmet Legal Need

Met and UnmetLegal Needs of the Poor

Funding Available vs. Funding Neededfor Legal Services in California

148,831,985

533,277,980

Funding Available

Funding Needed

Funding Available in 2000 148,831,985

Funding Needed as of 2000 533,277,980

The Access Gap

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.

The Funding Gap in Civil Legal Services for the

Poor

Government Spending per Eligible Poor Person

$13.20

0

5

10

15

20

25

30

35

40

45

MN NJ CT MD MA NY WA OH PA CA

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

Next Steps to Achieve Equal justice in California

(cont’d)

• Improve assistance for millions of unrepresented litigants

• Expand assistance to litigants with limited English proficiency

• Develop innovative programs for delivering legal services to moderate–income Californians

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?

What Can YOU Do? (cont’d)

• 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?

“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