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1
The South Carolina Access to Justice Commission is supported by an IOLTA grant from the
South Carolina Bar Foundation
Access to Justice:
South CarolinaApril 8, 2009
USC School of Law, Social Justice Seminar
Robin F. Wheeler
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The South Carolina Access to Justice Commission is supported by an IOLTA grant from the South Carolina Bar Foundation
Objectives
•History of the Commission
•Findings from the SCATJ Public Hearings
•Videos from the SCATJ Public Hearings
•Commission’s Work Focus Areas
•Accomplishments to Date
•Ongoing Projects
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The South Carolina Access to Justice Commission is supported by an IOLTA grant from the South Carolina Bar Foundation
Access to Justice
• About 4/5 of
civil legal needs
of the poor and
up to 3/5 of the
needs of middle-
income
individuals
remain UNMET
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The South Carolina Access to Justice Commission is supported by an IOLTA grant from the South Carolina Bar Foundation
• What is JUSTICE?
• Is Equal Justice met through PROCEDURAL
Justice?
• Does equal access to LAW require access to
LEGAL ASSISTANCE?
• What is a LEGAL need?
• What is necessary to provide ADEQUATE justice?
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The South Carolina Access to Justice Commission is supported by an IOLTA grant from the South Carolina Bar Foundation
The National Legal Services
Funding Pie 2007
LS C
3 0 %
La wy e r
6 %Fdns
7 %
I OLTA
11%
UW
2 %S t a t e
17 %
P ubl i c
20 %
Ot he r
7 %
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The South Carolina Access to Justice Commission is supported by an IOLTA grant from the South Carolina Bar Foundation
$30 to $49 Less than $20
Funding Per Poor Person, 2005 Chart
$50 plus $20 thru $39
(Dollars Per Poor Person)
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The South Carolina Access to Justice Commission is supported by an IOLTA grant from the South Carolina Bar Foundation
$30 to $49 Less than $20
Funding Per Poor Person, 2007 Chart
$50 plus $20 thru $29
(Dollars Per Poor Person)
South Carolina
$16.69
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The South Carolina Access to Justice Commission is supported by an IOLTA grant from the South Carolina Bar Foundation
SCATJ History5-6-2005: TX Sup.Ct Justice Harriet O'Neill invites George
Cauthen to the ABA’s Annual Nat’l Meeting of State ATJ Chairs in Austin. Mr. Cauthen subsequently presents a motion to the SC Bar's ATJ Committee to create a SC ATJ Comm’n.
7-19-2005: Committee notifies Chief Justice Jean Hoefer Toal (CJT) & then SC Bar Pres. Dan White of this proposal by letter.
11-2005: Committee votes in favor of creating a Comm’n & recommends that SC Bar's BOG adopt a resol’n calling upon the SC Sup.Ct to create such a Comm’n.
Fall 2005: Justice O'Neill reaches out to CJT to create SC ATJ Comm’n.
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The South Carolina Access to Justice Commission is supported by an IOLTA grant from the South Carolina Bar Foundation
SCATJ History cont’d
1-26-2006: The BOG approves the motion & sends the proposal to the Bar's HOD, which votes in favor of the resol’n.
2-2006: Bob Wells, SC Bar ED, notifies CJT of SC Bar's Resol’n requesting Court to create a SC ATJ Comm’n.
5-22-2006: CJT meets with Bar delegation & formal work on the Comm’n begins.
10-2006: CJT designates Stuart Andrews as chair of the ATJ Task Force (TF).
11-16-2006: 1st TF meeting held. Bob Echols, ABA consultant on ATJ Comm’ns, covers various aspects of Comm’ns
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The South Carolina Access to Justice Commission is supported by an IOLTA grant from the South Carolina Bar Foundation
SCATJ History cont’d
1-25-2007: TF meets again with CJT presiding & Justice O'Neill participating.
1-31-2007: SC Sup.Ct establishes SCATJ Comm’n with Admin. Order 2007-01-31-01.
9-27-2007: First formal Comm’n meeting held.
10-1-2007: Robin Wheeler starts as the first ED of the SC ATJ Comm’n.
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The South Carolina Access to Justice Commission is supported by an IOLTA grant from the South Carolina Bar Foundation
State ATJ Commissions
ATJ Commission
ATJ Commission Under
Consideration
Puerto Rico
DC
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The South Carolina Access to Justice Commission is supported by an IOLTA grant from the South Carolina Bar Foundation
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The South Carolina Access to Justice Commission is supported by an IOLTA grant from the South Carolina Bar Foundation
SCATJ Public Hearings
• 7 Regional Public Hearings plus Supreme Court
• Information presented:– Staffed programs have limitations based on income, generally 125% of
poverty and up to 200% in some instances. Most set priorities and are unable to provide case representation to all who request assistance.
– Communication Barriers exist for LEP and deaf using ASL. Many forms are in Legalese.
– Lack of Standardized Forms and Processes in all courts in all counties
– Lack of access to resources – no telephones or computers
– Lack of Transportation, especially public transportation, even in more urban areas
– Self-represented Litigants are on the rise
– Urge more Pro Bono participation
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The South Carolina Access to Justice Commission is supported by an IOLTA grant from the South Carolina Bar Foundation
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The South Carolina Access to Justice Commission is supported by an IOLTA grant from the South Carolina Bar Foundation
4 Focus Areas
• Expand resources for Staffed Programs such as
SCLS, CHPP, SC Appleseed Legal Justice
Center
• Expand and enhance resources for SRLs
• Expand Pro Bono service within SC
• Education of the Bench, Bar, General Public
about barriers to access to justice for people of
low or limited income
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The South Carolina Access to Justice Commission is supported by an IOLTA grant from the South Carolina Bar Foundation
Accomplishments
• Staffed Programs Committee
– Interpreters for the Deaf Work Group
• SRL Committee – SRL Divorce Forms
– Clerk of Court Work Group
• Pro Bono Committee – Celebrate Pro Bono October
2009 (see http://www.abanet.org/legalservices/probono/)
– Rule 608 Work Group
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The South Carolina Access to Justice Commission is supported by an IOLTA grant from the South Carolina Bar Foundation
5 Principles for court staff
- John Greacen
1. Obligation to explain court processes and
procedures to litigants, media and others
2. Obligation to inform litigants of how to bring
problems before court for resolution
3. Cannot advise litigants whether to bring problems
before the court or remedies to seek
4. Remember IMPARTIALITY
5. Be mindful of rule prohibiting ex parte
communication and this includes court staff
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The South Carolina Access to Justice Commission is supported by an IOLTA grant from the South Carolina Bar Foundation
Signage
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The South Carolina Access to Justice Commission is supported by an IOLTA grant from the South Carolina Bar Foundation
Clerk of Court
Training: ALLOWED
• Legal definitions,
• Procedural definitions,
• Provide Citations, Court rules, Orders
• Public case information
• Options
• Facilitate access
• General referrals
• Instructions on how to complete forms
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The South Carolina Access to Justice Commission is supported by an IOLTA grant from the South Carolina Bar Foundation
Clerk of Court Training:
PROHIBITED
• Legal interpretation
• Procedural advice
• Research statutes, court rules, cases, orders
• Confidential case info
• Confidential info re: court operations
• Opinions
• Deny or discourage access
• Encourage litigation
• Subjective or biased referrals
• Fill out forms for a party
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The South Carolina Access to Justice Commission is supported by an IOLTA grant from the South Carolina Bar Foundation
SRL: Judicial Ethics
• Ethical Rules Support Access & Neutrality
• SC Code of Judicial Conduct Identifies
Two Ethical Duties:
1) Provide every person with an opportunity to
be heard
2) Perform all duties impartially
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The South Carolina Access to Justice Commission is supported by an IOLTA grant from the South Carolina Bar Foundation
1. For the Homeowner
� Loss of shelter
� Loss of accumulated equity
� Possibility of deficiency judgment
� Loss of credit standing
� Potential difficulties finding alternative housing
� Loss of personal property
� For elders: frequent unnecessary transition to restricted livingenvironments
� Stress, pressures on the family structure
� Moving expenses
� Unexpected tax consequences
Staffed: Consequences of
Foreclosure
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The South Carolina Access to Justice Commission is supported by an IOLTA grant from the South Carolina Bar Foundation
2. For the Mortgage Holder
� Foreclosure losses
� If the lender is large enough, potential loss of overall collateral
value
� Loss of customers
3. For the Community
� Property deterioration
� Potential property abandonment
� Loss of neighbors, loss of community cohesiveness
� Potential for vandalism and other crime
� Reduction in property values, reduction in tax base
Consequences of Foreclosure
(cont’d)
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The South Carolina Access to Justice Commission is supported by an IOLTA grant from the South Carolina Bar Foundation
Plain Language
A Summons from a Layperson perspective:
YOU ARE HEREBY AUFGEFORDERT
and required to Answer the Complaint in
this Handlung, of which a copy is iermit
gedient auf Sie, and to dienen Sie einer
Kopie Ihrer Antwort auf die gesagte
Beschwerde on the persons whose names
are geunterzeichnet below.
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The South Carolina Access to Justice Commission is supported by an IOLTA grant from the South Carolina Bar Foundation
SC Resources• www.sccourts.org – SC Courts
• www.scbar.org – SC Bar
• www.sclegal.org – SC Legal Services
• http://scjustice.org – SC Appleseed Legal Justice Center
• www.heirsproperty.org/ - Center for Heirs Property Preservation
• www.protectionandadvocacy-sc.org/ - Protection and Advocacy for People with Disabilities, Inc.
• http://www.scbar.org/member_resources/mentoring/ -Second Pilot Mentoring Program
• www.lawhelp.org/sc
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The South Carolina Access to Justice Commission is supported by an IOLTA grant from the South Carolina Bar Foundation
National Resources• SRLs
– http://www.zorza.net/
– http://www.selfhelpsupport.org/
– http://www.ncsconline.org
• Staffed Programs– http://www.lsc.gov/
– http://www.ndrn.org/
– http://www.povertylaw.org/
– http://www.splcenter.org/
• Access to Justice Initiatives– http://www.abanet.org/legalservices/sclaid/atjresourcecenter/home.html
• Pro Bono– http://www.probono.net/
– http://www.abanet.org/legalservices/probono/
• IOLTA– http://www.iolta.org/
– http://www.abanet.org/legalservices/iolta/home.html
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The South Carolina Access to Justice Commission is supported by an IOLTA grant from the South Carolina Bar Foundation
Find us ONLINE!
• Facebook -
http://www.facebook.com/home.php#/group.
php?gid=25788353737&ref=ts
• Twitter - http://twitter.com/SCATJ
• Blog: http://scaccesstojustice.wordpress.com/
• www.scatj.org (Coming April 2009)