Access to Justice Checklist Annotated with Examples and Contacts

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Kristina Allen
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1 Access to Justice Checklist Annotated with Examples and Contacts The following are some initiatives undertaken by state Access to Justice entities. The list is not meant to be exhaustive or to apply to every state. Use it to develop ideas for your state. Initiatives Education, Research, Awareness Prominent statewide or regional hearings, summit, or other events to gather information, increase awareness, and/or build support and buy-in Statewide Access to Justice report and recommendations (usually based on hearings or summits) Examples: ATJ Commission initiative or Commission played a leading role: contact ATJ staff person for more information o Illinois: listening conferences (2012) o Colorado: local statewide hearings (2008, 2013) o West Virginia: public forums (2011) o Arkansas: Town Hall meetings (new round planned) o New York: Chief Judge hearings (annual) o Texas: Supreme Court hearing (2000, 2004, 2008) o Maine: Justice for All: Statewide Access to Justice Planning Initiative (2007) o Colorado: Report on Statewide ATJ Hearings (2008) o New York: Task Force to Expand Examples: Initiatives by ATJ partner entities; other information Access to Justice Committee of the State Bar of Michigan s Judicial Crossroads Task Force Blueprint for Justice (2010)

2 Access to Civil Legal Services: Report to the Chief Judge (annual) o Texas: Civil Legal Services to the Poor in Texas, report submitted to Supreme Court (2008) o Mississippi: The Unmet Legal Needs of Low-Income Mississippians (2009) Annual or biennial ATJ conference Law Day, ATJ Day and similar events highlighting legal aid resources; legal aid open houses Study of civil legal needs Analysis of economic benefit of civil legal aid o Maine: biennial ATJ Conference o Hawaii: annual ATJ Conference o Maine: ATJ Day at state legislature o Washington: biennial legal aid open houses o D. C.: Justice for All? An Examination of the Civil Legal Needs of the District of Columbia's Low Income Community (2007) o New Hampshire: The Justice Gap: A Study of the Legal Needs of New Hampshire s Low-Income Residents (2012) o New York: Civil Legal Needs Among Low Income New York State Residents (2010) o Washington State: Civil Legal Needs Study (2003) o Maryland: Economic Impact of Civil Legal Services in Maryland (2013) The Legal Aid Safety Net: A Report on the Legal Needs of Low-Income Illinoisans (2005) Achieving Access to Justice for Hawai'i's People (2007) See materials collected at See complete list and link to collection

3 o New Hampshire: The Economic Impact of Civil Legal Services in New Hampshire o Achieving Justice and Boosting the Economy (2013) o New York: Task Force to Expand Access to Civil Legal Services: Report to the Chief Judge (2011) Bar/court education speakers bureau, materials, track or sessions at bar conference, newsletters Public media op-eds, editorial board meetings, public services announcements, video, press packet Outreach to business/corporate community o Texas: Speakers Bureau, ATJ presentations at CLEs, ATJ newsletter o New Mexico Bench/Bar Conference; CLE on ATJ o Maryland: media kit, PSAs, posters o Mississippi, Arkansas, New Hampshire: ATJ videos o Texas: legal aid, pro bono, law student videos o Maine: Task Force on Private Sector Outreach o See also below under Funding Funding for Civil Legal Assistance Advocacy for new, preserved, increased state funding (state appropriation; court filing fee/fine surcharge) o ATJ Commission has played leading role in Arkansas, D.C., Hawaii, Maine, New Mexico, Texas, Wyoming Attorney registration fee surcharge or o Massachusetts (2011) See state-by-state lists and materials under Civil Legal Aid Funding at (access to password protected material available to ATJ Commission staff)

4 dues assessment Pro hac vice (practice by out-of state attorneys) fee benefitting legal aid Statewide private bar fundraising campaign Outside legal community/corporate Cy pres awards and structured class action settlements rules change, educational campaign for attorneys and judges Resource development task force, retreat, plan o Illinois (2013) o Massachusetts rule (2012) o Maine Campaign for Justice (launched and spun off by Justice Action Group, ATJ entity) o Massachusetts statewide fund raising campaign from non-lawyers (feasibility study) o Connecticut: ATJ legal aid fellows funded by major corporations o Texas Corporate Counsel Committee o Arkansas: partner initiatives Walmart o Texas toolkit and education campaign o North Carolina (2011), resulted in launch of Commission messaging resources to support individual program efforts o Arkansas: resource development plan by consultant, implementation launch in 2013 o Maine (2003), led to creation of combined statewide fundraising

5 campaign Development of coordinated, consistent messaging to support civil legal aid fundraising Court or legislative task force on civil legal aid funding o North Carolina (above) o New York Task Force to Expand Access to Civil Legal Services o Washington Task Force on Civil Equal Justice Funding (2004) National support for LSC funding with state congressional delegation Modification of IOLTA rules/structure to increase yield Educational efforts aimed at foundations Pro Bono See Resources from ABA Commission on IOLTA Public Welfare Foundation: Natural Allies: Philanthropy and Civil Legal Aid State pro bono summit to develop plan to expand pro bono services o Connecticut Supreme Court Pro Bono Summit (2011) o Tennessee Supreme Court Pro Bono Summit (2011) o North Carolina Supreme Court Large Firm Pro Bono Summit (2009) Recruitment campaign led by bar and/or Supreme Court North Carolina Bar Association 4All Campaign Tennessee Bar 4All Campaign

6 Supreme Court recognition program Court-based statewide and/or regional pro bono structure o District of Columbia: Capital Pro Bono Honor Roll o Maine Supreme Court Katahdin Counsel Pro Bono Recognition Program o Colorado Supreme Court Recognition Program, with regional recognition events o Tennessee Supreme Court Pro Bono Recognition Program o New Mexico: local ATJ Committees with state/commission support o Colorado: local ATJ Committees with state/commission support State pro bono rules and policies: Pro bono reporting, mandatory or voluntary Rule setting aspirational pro bono standards (ABA Model Rule 6.1) Continuing legal education credit for pro bono and/or related mentoring Emeritus rule waiver of bar dues/fees for retired attorneys engaged in pro bono work Other rules changes to permit certain categories of attorneys to provide volunteer services (e.g. government attorneys, See materials and state-by-state lists at ABA Center for Pro Bono

7 corporate counsel and law professors licensed in other states; out-of-state attorneys following a disaster) Rule or comment permitting judges to encourage lawyers to provide pro bono services Senior attorney mentoring, fellowships Creation of web sites, apps, and other on-line resources to support pro bono attorneys o District of Columbia: Senior Attorney Initiative for Legal Services (SAILS) Project o Massachusetts Access to Justice Fellows Program for retired attorneys o Arkansas eharmony pro bono alerts, app, on-line forms o Tennessee National Celebration of Pro Bono Day events; bench/bar conferences focused on pro bono, workshops at bar events Development of projects that use volunteer attorneys to help selfrepresented litigants on a limited scope basis (clinics, lawyer of the day in courtroom, etc.) Development of projects that link urban pro bono attorneys with rural needs o Arkansas: Uncontested Divorce with Children document assembly, attorney panel See information National Celebration of Pro Bono Tennessee Virtual Pro Bono Advice Clinic (OnlineTNJustice.org)

8 Pro bono projects aimed at veterans (or other client groups that can bring in new partners and expand support) Pilot/model faith-based pro bono programs Law school-based efforts to promote culture of pro bono: clinics, internships, spring break service, conferences o Texas Lawyers for Texas Veterans o North Carolina Veterans Pro Bono Network o Tennessee Faith and Justice Alliance pilot programs o Texas ATJ Commission: Pro Bono Spring Break, ATJ Class, ATJ Internship o Tennessee: Law School Pro Bono & Public Interest Conference (2013) Court Access and Pro Se Assessment of court access for selfrepresented, compliance with due process requirements (court selfassessment or assessment by ATJ Commission); statewide action pan Language access: statewide action plan/models on litigants with limited English proficiency and cultural compentency; training and resources to assist courts, agencies, providers in meeting needs Simplification and standardization of forms and pleadings o Arkansas: Report on comprehensive strategy for addressing the needs of selfrepresented litigants (2013) o Washington State Plan for Integrated Pro Se Assistance Services (2010) o Illinois: model language access plan for all courts o Hawaii: conference for judges and court staff; seminars for lawyers o Illinois: new rule permitting standardized forms; development Best Practices in the Use of Technology to Facilitate Access to Justice Initiatives (for Massachusetts Trial Court) National Center for State Courts, Language Access Services Section ABA Language Access Standards Center on Court Access to Justice for All: Access Brief: Forms and

9 Simplification of court procedures Inventory of self-help materials; ensure that they are coordinated, up to date, accessible; identify gaps Court assistance offices, self-help centers, courtroom-based assistance Web sites with court information and forms; links to live assistance Training for court personnel; judicial education Training for interpreters of forms forms in key areas (in progress) o Texas: uncontested divorce forms o Tennessee: new rule permitting standardized forms; development of forms in key areas (in progress) o District of Columbia: fast track Housing Conditions Calendar; improved application and process for fee waiver applications o Hawaii: Self Help Centers o Arkansas: Pro Se Self-Help Centers o Tennessee: o South Carolina: training for court staff, attorneys o Texas: training for court staff o D.C.: bench card for judges on pro se resource centers o Maryland: manual on writing for self-represented litigants o D. C. Language Access Manual o South Carolina: Law School for Interpreters Document Assembly Notes available from ATJ Chairs Conference Call: ATJ Commissions and Court Forms, April 24, 2013 National materials from Texas ATJ Commission California: Family Law Implementation Task Force Center on Court Access to Justice for All: Access Brief: Self-Help Services

10 o New Mexico Center for Language Access Triage protocols/systems for assisting and referring unrepresented litigants Collaborations with public and law libraries Justice Corps and programs using nonattorney volunteers to help selfrepresented litigants Strengthening Code of Judicial Conduct provisions relating to assistance judges can provide to pro se litigants Protocol for review of new rules, forms, and legislation affecting access to courts for low-income people Ensure that e-filing and other technology innovations do not create barriers for self-represented litigants Access to Justice awards for judges and court staff o New Mexico: Unified on-line intake referral system (under development) o Maine: Lawyers in Libraries o District of Columbia: new comment o Illinois: amendment to the Judicial Canons of Ethics o California: Courts Access to Justice Protocol o Massachusetts: ATJ Commission review of proposed rule amendments o Washington: E-filing best practices (under development) o Maryland: Access to Justice Awards o Texas: Access to Justice Awards o California: Aranda Access to Center on Court Access to Justice for All: Partnering with Libraries California Courts Justice Corps Materials available from ATJ Chairs Conference Call, September 27, 2011 Center on Court Access to Justice for All: Access Brief: Accessible Electronic Filing

11 Justice Awards Civil Right to Counsel Legislation and research Focus for conferences, speeches, moot courts, other bench/bar/educational events Pilot projects Limited Scope Representation (Unbundling; Discrete Task Representation) Revision or clarification of rules to allow limited representation Educational campaign and programs aimed at attorneys, judges o Maryland Report on Possible Civil Right to Counsel Implementation and Fiscal o Narrative; legislation creating a Task Force to Study Implementing a Civil Right to Counsel o North Carolina: proposed pilot project legislation o Illinois: Civil Right to Counsel Pilot Projects o California: Shriver Pilot Projects o Alabama o Illinois o Mississippi National Coalition for a Civil Right to Counsel Resources from Standing Committee on the Delivery of Legal Services Colorado Supreme CLE on Limited Scope Representation Alaska Bar Unbundled Law Section

12 List of attorneys offering limited representation; work with bar and referral programs on referrals o Vermont: link from legal aid intake portal to Bar lawyer referral/limited scope panel (under development) Marketing to client population Incorporate LSR into pro bono and self-help initiatives o D.C. Court-Based Child Support Legal Aid Project State Agency Administrative Fairness Ensure favorable language in state Administrative Procedure Act on selfrepresentation and language access Analysis and report on state agency procedures and best practices Collaborate with state agencies to improve procedures and notification forms Training for hearing officers and agency personnel Administrative agency self-help resource center; on-line access tools Recommendations/best practices on language access at agency level o California o California: Administrative Law Best Practices Guide o District of Columbia: assisting Office of Hearings and Appeals in developing new rules o District of Columbia: training for Office of Hearings and Appeals judges o District of Columbia: Support for Office of Hearings and Appeals Pro Se Resource Center o Massachusetts monitor language access plans of administrative agencies

13 Civil Legal Aid Delivery Development/expansion of capacity to serve clients who cannot be served with LSC funds Michigan Immigrant Rights Center Development/expansion of capacity for systemic advocacy Substantive task forces, conferences, training and support for legal aid and volunteer advocates Statewide plans and staffing for coordination of intake, advocacy, training, technology o Massachusetts: regional plans to meet targets for systemic advocacy o Texas: advocacy training for legal aid lawyers o Massachusetts: Access to Justice o Commission Special Planning Committee Incubator program at law school or bar association for solo practitioners/small firms, manuals and educational programs, and other efforts to promote and support solo practitioners/small firms serving low-moderate-income clients Resources from Standing Committee on the Delivery of Legal Services Facilitate relationships between legal aid programs and advocacy organizations for particular groups, e.g. veterans, to build support and increase services o North Carolina Veterans Pro Bono Network Develop state-specific manuals and o North Carolina: state-specific

14 web sites for veterans and other groups with distinct needs Convene state law schools to promote commitment to Access to Justice in students through internships, pro bono work, fellowships, mini-conferences, training Quality standards for legal aid providers Explore options for non-lawyer practitioners, legal technicians Facilitate relationships between legal aid and health care, social services, and other new partners to build delivery partnerships Address rural and other special delivery issues Modest/Moderate means: incubators, support for attorneys establishing practices Student Loan Repayment Assistance program clearinghouse for veterans and attorneys representing them o Texas: Law School Advisory Committee o Washington: Legal Aid Performance Standards o New York: recommendation o Arkansas: Walmart Medical-Legal Partnership and Pro Bono Legal Services Program o California Rural Access Policy Paper o Colorado: toolkit and training for attorneys New York City Bar Association report Washington State Legal Technician rule Resources from ABA Standing Committee on Legal Aid and Indigent Defendants

New at

New at All documents are posted at www.atjsupport.org. For additional information, contact Bob Echols, State Support Consultant, ABA Resource Center for Access to Justice Initiatives, echols@suscom-maine.net.