Access to Justice
I grew up in Seattle’s Central District. At the time it was considered one of Seattle’s poorer neighborhoods. In 1973, I had completed one year of law school. My legal skills, knowledge of the law and legal experience were limited and to a large extent non-existent.
But to the people in my neighborhood, I served as the pillar of hope whenever a legal issue arose regardless of its nature or complexity. You see, for them, any legal ability was far superior to none at all. Even the ability to just be able to read the language of “legal papers” or “legal notices” and provide a reasonable interpretation of what they meant was like manna from heaven.
I wish I could say that the requests to share some of my legal knowledge were isolated or infrequent, but they were not. The demand was high. The demand was high because people were desperate and any type of free legal help made a huge difference in many of their lives. While my legal skills were limited, for many it was their only hope to some semblance of justice in a system that was totally foreign to them.
Picking up the phone and calling a lawyer had no meaning. The people in my neighborhood were struggling just to pay rent and keep their family clothed. They had no money to pay for legal services. If it wasn’t free, their options were limited or non-existent.
Fast forward to 2004. Fast forward to the same neighborhood, just a few blocks from where I grew up, at The Randolph Carter Center at 23rd and Yesler.
The program is the Access to Justice Institute sponsored by Seattle University. I am on the advisory board for this program. This program partners with the King County Bar Association and a host of private firms and volunteer law students from Seattle University.
The purpose of the program is to match volunteer attorneys and law students with members of the community seeking legal assistance. The problems range from writing simple letters to a landlord to complex immigration issues.
Last year I walked into one of the volunteer sessions. While over 20 years had passed since I was in law school trying to answer questions, the problems the volunteers were facing were still the same: poor people seeking legal assistance with few if any alternatives.
Last year this program serviced 500 clients in the Central and International Districts of Seattle. Over 120 students volunteered and interpreters capable of speaking 25 different languages were accessible to assist the attorneys in communicating with their clients.
Let me share a couple of examples of the work done:
The first is a Hispanic and South American couple who spoke no English, and the husband suffered severe asthma that was aggravated by mold. The landlord knew about the condition and the problem but chose not to respond. At least not until one of the volunteer attorneys sent a demand letter. The problem was corrected within days and the tenant was relocated.
Or how about the young Russian woman who suffered persecution in the Russian far east on account of her Jewish ancestry? She was seeking asylum in the United States. Asylum is one of the most difficult forms of immigration relief to receive and thousands of applications are rejected every year. After six months of hard work, the Access to Justice volunteer attorneys were successful and the woman was granted asylum.
That young woman sent a letter to the program thanking them for their help and among other things, she said: “finally I see the light and am overwhelmed with the hope... are the people who make this country great.”
I’ll bet if you ask any one of
the people in the examples just provided who were their heroes, they would tell you without hesitation the volunteer attorneys that helped them enjoy the breath of life and the breath of freedom.
But what if the access to justice program volunteers and the other legal services programs were not in existence. Who would serve justice?
As I walked into the courthouse this morning, I saw volumes of folks walking into the courthouse. I know many of them were poor, unrepresented and confused.
I can’t tell you how many times I have been stopped by some unfortunate person in need with a handful of legal documents they don’t understand.
I can’t tell you how many times I have seen folks rushing to catch an elevator knowing that in a matter of minutes they would enter a courtroom and process completely foreign in language and procedures. They may as well have been walking into a legal twilight zone. They have to proceed pro se, not by design, but because they have no choice.
How do I know this? The Washington State Civil Legal Needs Study supports my observation.
It is a fact that 87% of low-income households in Washington State experience a legal problem each year.
It is a fact that low-income people face 88 % of their legal problems without help from an attorney. Family related legal problems such as divorce or child support have the highest rate of attorney assistance, but even here only 30% of problems are addressed with attorney assistance. If you remove family related problems, low-income people receive help from an attorney for fewer than 10% of their civil legal problems.
It is also a fact that nine out of ten low-income people who do not get legal assistance receive no help at all and end up living with the consequences of their legal problems.
Facing the likelihood of adverse legal consequences on issues such as health, domestic violence, housing, and discrimination without the benefit of legal assistance hardly sounds like enjoying life, liberty and justice for all.
Now I could go on with more staggering statistics about the impact of the absence of legal services. But I won’t.
My job as a Superior Court Judge is complex and tough enough. It becomes tougher each day when an unrepre-sented litigant is thrown into our juggling act of justice. The obvious question is why is this person before me facing these staggering consequences without a lawyer.
The painful answer is simple and obvious. If the legal services are not available and financial resources are not an option, the outcome of that case may very well end up as an aberration of what justice is supposed to be.
Our legal system is bulging at the seams crying out for access to justice for those who can least afford it.
To those of you who are in the trenches each day providing legal services to the poor...you are a hero.
To those who have the opportunity to volunteer your services, the challenge is before you.
To those who are in power to enact laws to properly fund these programs...I encourage you to be a leader in your ranks.
And to all, I implore and beg of you to be deeply committed to civil legal aid. Awareness and commitment are our only hope.
Judge Jones is a King County Superior Court Judge. This article is based on a speech he gave at the KCBA Legal Aid Reception in November 2004.