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1 All documents are posted at For additional information, contact Bob Echols, State Support Consultant, ABA Resource Center for Access to Justice Initiatives, New at South Carolina Access to Justice Commission Divorce Packet for Self- Represented Litigants. The South Carolina Access to Justice (SCATJ) Commission has produced a Divorce Packet including instructions for selfrepresented plaintiffs and defendants. The packet was made available for comment on the South Carolina Judicial Department website through June 1. Due to interest in this packet, the SCATJ Commission has added a Forms Work Group to assist with developing additional forms for self-represented litigants. West Virginia and Wisconsin IOLTA Interest Rate Comparability. The West Virginia Supreme Court issued an order approving IOLTA interest rate comparability on March 17, and the new rule went into effect on April 15, The Wisconsin Supreme Court issued its order approving its rule change on July 1, and the new rule will go into effect on January 1, Interest rate comparability is a revenue enhancement strategy that requires that lawyers place their IOLTA accounts only in a financial institution that pays those accounts the highest interest rate or dividend generally available at the institution to other customers when IOLTA accounts meet the same minimum balance or other qualifications. Tennessee Mandatory IOLTA Rule with Interest Rate Comparability. The Tennessee Supreme Court issued an order adopting both mandatory IOLTA and interest rate comparability on July 8. Tennessee lawyers will have until January 1, 2010 to comply with the order. With Tennessee, there will be a total of 40 states with mandatory IOLTA, and a total of 26 states with interest rate comparability. South Carolina Training Video on Working with Self-Represented Litigants. The South Carolina Access to Justice Commission has produced a training video for judges and court staff on working with self-represented litigants. This spring, the Commission presented at Circuit Court, Family Court, Clerk of Court, and Probate Court conferences.

2 Tennessee Pro Bono Service Rule for Attorneys Employed as Judicial Research Assistants. On May 26, the Tennessee Supreme Court issued an order allowing licensed attorneys employed as judicial research assistants to provide certain pro bono legal services. Philadelphia Bar Association Resolution and Task Force on Civil Gideon. On April 30, the Philadelphia Bar Association approved a resolution mapping out its future work on a civil right to counsel. The Chancellor appointed a Task Force on Civil Gideon, which is to develop concrete proposals to advance a right to counsel in particular types of cases, including those at which parental rights may be terminated and those in which housing or basic sustenance are at issue. Massachusetts Civil Right to Counsel Pilot Projects. Massachusetts two civil right to counsel pilot projects will assist those facing eviction in housing and district courts. The pilot projects grew out of a report by the Boston Bar Association s: Gideon s New Trumpet: Expanding the Civil Right to Counsel in Massachusetts. $20 Million for Civil Legal Aid in Texas. The Texas legislature has provided $20 million over two years in funding for civil legal aid. By combining state funds with new sources of funding, the Texas Access to Justice Foundation has recovered $26 million of a budget shortfall caused by a disastrous decline in IOLTA revenue. New Wisconsin Access to Justice Commission. On June 5, 2009, the Wisconsin Supreme Court ordered the creation of a new access to justice commission. The court acted based on a petition by the state bar. The petition was based on the report, Bridging the Justice Gap: Wisconsin s Unmet Legal Needs. Honor for Texas ATJ Commission Chair James B. Sales. Chief Justice Wallace Jefferson presented outgoing Texas ATJ Commission Chair James B. Sales with the Harold F. Kleinman Award at the Texas Access to Justice Foundation 25th Anniversary Gala. The Texas Supreme Court has selected Houston attorney Harry Reasoner as the next commission chair. Report of the Maine Commission on Foreclosure Diversion. On June 8, the Maine Commission on Foreclosure Diversion released a report aimed at developing an alternative dispute resolution process for the fair and efficient resolution of residential foreclosure cases. The Commission was formed by the Supreme Judicial Court on recommendation of the Justice Action Group. Minnesota State Bar Association Resolution on Attorney Fee to Benefit Legal Aid. The Minnesota State Bar Association has passed a resolution to support a $25 increase in the attorney registration fee to benefit civil legal

3 services and has petitioned the state supreme court for such a change in its lawyer registration rules. New Special Advisor for Access to Justice Initiatives to the Massachusetts Supreme Judicial Court. The Massachusetts Supreme Judicial Court has appointed Hon. Dina Fein to the new position of Special Advisor for Access to Justice Initiatives. The Massachusetts Access to Justice Commission advocated for the creation of such a position through their 2007 report, Barriers to Access to Justice in Massachusetts. Louisiana Supreme Court Pro Se Task Force. On June 8, the Supreme Court of Louisiana announced the creation of a Pro Se Task Force to study steps that can be taken to assist such litigants, and make appropriate recommendations. State Court Judge Harry Randow was appointed to chair the group which will work closely with the Louisiana State Bar Association s Access to Justice Committee. North Carolina Bar Association Foundation s Foreclosure Prevention Efforts. Gov. Bev Perdue and the N.C. Office of the Commissioner of Banks commended North Carolina Bar Foundation s State Home Foreclosure Prevention Project, which has helped more than 1,000 N.C. homeowners avoid foreclosure, resulting in the lowest foreclosure rate in the South Atlantic region. Texas Access to Justice Commission Cy Pres Campaign. The Texas Access to Justice Commission and the Texas Access to Justice Foundation launched a statewide campaign to seek cy pres awards to offset the drastic decline in IOLTA revenue. An award totaling $230,160 from a lawsuit involving the Fair Labor Standards Act has already been awarded to the Commission to fund civil legal aid. New York State Courts Automated Forms. In June, Justice Fern A. Fisher, Director of the New York State Courts Access to Justice Program and C. Kenneth Perri, Executive Director of Legal Assistance of Western New York announced the release of three new computer programs to help the nearly two million self represented litigants who enter New York courts each year. The programs ask users questions, the answers to which are automatically inserted into the appropriate court forms. The forms can be found at the websites of CourtHelp (nycourthelp.gov) and LawHelpNY (lawhelp.org/ny). Hawaii Access to Justice Commission First Annual Access to Justice Summit. On June 24, the Hawaii Access to Justice Commission held its first annual summit conference for about 150 attendees. Chief Justice John T. Broderick of the New Hampshire Supreme Court was the featured speaker. The conference included sessions on the human cost of failing to meet basic civil legal needs, funding for legal services, non-traditional approaches to meeting

4 civil legal needs, clients view of the legal services labyrinth, and articulating future goals for legal services in the state. Georgia Civil Legal Needs Study and Upcoming Roundtables. The Supreme Court of Georgia Committee on Civil Justice presented its Civil Legal Needs Study at the Georgia Civil Legal Needs Summit on June 24, Summit participants discussed the study s findings and began to develop recommendations based on the study. Eleven roundtable discussions will be held around the state to follow up on the summit. New Jersey Bill on Lender Fees in Foreclosure Cases for Legal Services. In June, the New Jersey Senate voted to impose a temporary $300 fee on lenders each time they foreclose on a property. Proceeds would go to Legal Services of New Jersey. The fee is an effort to offset an anticipated $37 million decline in IOLTA revenue. Maryland Access to Justice Commission s Listening Events. Beginning on June 23, the Maryland Access to Justice Commission will be holding a series of seven monthly regional listening events. More than 400 advocacy and service organizations and their clients are expected to speak with members of the Commission about their experience with the civil justice system. The events are open to the public, although registration is required. Nevada Foreclosure Mediation Program Rules. The Nevada Supreme Court has adopted rules governing the Nevada Foreclosure Mediation Program. Under the legislation creating the program, homeowners who have received a notice of foreclosure will have an opportunity to negotiate with lenders through a trained mediator to determine if an alternative resolution can be reached. Hawaii Access to Justice Commission Proposed Court-Based Foreclosure Mediation Program. Under the Hawaii Access to Justice Commission s proposed foreclosure mediation program, litigants must attach a request for mediation to their foreclosure complaint. The answer period is extended for defendants who express interest in mediation, and cases in which mediation is successful are dismissed without prejudice. Brennan Center Report, Language Access in State Courts. The Brennan Center has released its report on language access to state courts. The report consists of 35 state summaries which explore the level to which the courts in each state are in compliance with federal guidelines on language access. The states examined are those with the highest proportion of limited English proficient people. Hawaii Access to Justice Commission Proposed Guidelines for Judicial Pro Bono Service. On July 8, the Hawaii Access to Justice Commission proposed guidelines to assist the judiciary in determining whether their pro bono

5 activities fulfill mandatory pro bono reporting requirements for attorney registration. North Carolina Bar Association Foundation and North Carolina Bar Association Awards for 4All Campaigns. North Carolina Bar Association s 4ALL Campaign will receive two awards in Chicago this summer. The awards will be presented on Friday, July 31, at a joint luncheon of the National Conference of Bar Presidents, the National Association of Bar Executives and the National Conference of Bar Foundations. The NCBA Foundation will receive the NCBF Award for Bar Foundation Excellence in Public Service Programming and the Bar Association will receive the Harrison Tweed Awar