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Why Arkansans need an Access to Justice Commission
In its landmark Comprehensive Legal Needs Study published in
1994, the American Bar Association found that 38% of poor
households and 43% of near poor households in the South had
one or more legal problems in the survey year. The most frequently
reported legal problems were housing and real property, personal
finance and consumer issues, family and domestic needs, and
employment. Even though the study was conducted a decade
ago, many states have completed state-level legal needs studies
more recently, most generating similar results.
Indicators Suggest Arkansas’ Unmet Need is Substantial. A
statewide needs survey was conducted in Arkansas during 2002, confirming
the bleak results found nationally. Case data from Arkansas’ two legal
services providers further magnify the unmet civil needs.
The Beginning
In 2001, The Arkansas Access to Justice Conference brought 118 attorneys, judges
and advocates representing Arkansas’ justice community together to
identify challenges to access and develop a consensus about the most effective
institutional vehicle to coordinate statewide efforts to improve access
to justice. The conference concluded with a call to action to create a
permanent Arkansas Access to Justice Commission.
The Arkansas Bar Association
submitted a formal request to the Arkansas Supreme Court to create a permanent
Arkansas Access to Justice Commission with a mission to provide equal access
to justice in civil cases to all Arkansans. [Read
full petition]
On December 18, 2003, the Arkansas Supreme Court adopted a proposal of the
Arkansas Bar Association to establish the Arkansas Access to Justice Commission.
On April 15, 2004, the Arkansas Supreme Court made court sanctioned appointments
to the Commission as follows: (view the current membership roster here)
The Arkansas Supreme Court shall appoint five members of the Commission as
follows:
- One justice of the Arkansas Supreme Court: Chief Justice Betty C.
Dickey;
- Two circuit judges, one from a circuit with a total population of more
than 100,000 and one from a circuit with a total population of less
than 100,000: Judge Jim Spears and Judge Craig Hannah;
- One full-time district court judge: Judge Waymond Brown; and
- One representative from the faculty of the University of Arkansas
or University of Arkansas at Little Rock Schools of Law: Dean
Charles W. Goldner, Jr.
The Arkansas Bar Association shall appoint five members of the Commission:
- Bill Brown;
- Nate Coulter;
- J. Leon Johnson; and
- Danyelle Walker
The Governor shall be entitled to appoint three members
of the Commission as follows:
- One non-attorney employed in a full time capacity by a non-profit
agency which is dedicated to providing for the needs
of low income Arkansans Steve
Carter;
- One attorney employed in a full time capacity by
the Center for Arkansas Legal Services or Legal Aid
of Arkansas, Zina Frazier;
and
- One non-attorney representative of the Arkansas
State Chamber of Commerce, Martha McCaskill.
The Speaker of the Arkansas House of Representatives and the President
Pro Tempore of the Arkansas Senate shall each be entitled
to appoint
one member
of their respective chambers to serve as members
of the Commission. The Arkansas Senate Appointee
is Senator
Jim Luker. Current Status of
the ATJC
The Commission has met four times and will continue to meet
quarterly. After the Arkansas Supreme Court created the state Access to Justice
Commission comprised of sixteen members from the law, commerce, education,
public service and non-profit sectors. The 2005-2006 Chairman of the Commission
is Charles Goldner, Dean of the Bowen School of Law at UALR. The Commission
has decided to organize its work through three task groups that focus on pro
bono, pro se, and legal services activities. Legal Services Arkansas
is part of a national effort by the states to address the wide disparity
in access to justice for low-income individuals and families. The context
for this work is the ever shrinking Legal Services Corporation [LSC] federal
revenue support which since 1995 has been reduced over $2,000,000 in Arkansas.
Currently the census identifies 411,777 Arkansans eligible for free civil
legal services. These are families at or below 125% of the poverty level.
With a statewide staff of only 32 attorneys and 9 paralegals the two legal
service organizations [Center for Arkansas Legal Services and Legal Aid
of Arkansas] cannot handle all the cases that come to them. It seems clear
that additional resources will be required to better address the legal
needs of the poor in our state.
The Pro Bono work of
the Commission will focus on the many creative ways other state commissions
have sought to
increase this important resource. For example, four state Supreme Courts
have adopted rules requiring mandatory pro bono reporting while several
other states are considering a similar move. Four states have created
a formal statewide pro bono system with a state commission and local committees
presided over by judicial or joint bar-judicial leadership. Still other
states have adopted new rules based on revised ABA Model Rule 6.1 which
sets a 50 hour aspirational standard for pro bono service. Other possible
rule changes could involve an acquisition of CLE credits for pro bono
services
or mentoring; waiving fees or CLE requirements for “emeritus” retired
attorneys providing pro bono work; and authorizing the “unbundling” of
legal services. Several states have launched major statewide recruitment
campaigns while still others have developed targeted initiatives to increase
pro bono for certain types of cases. A web site with extensive resources
provided to pro bono attorneys [www.arlegalservices.org] is one area in
which Arkansas is already in the forefront.
The third area to be
addressed by the Arkansas Access to Justice Commission is Pro se. The Commission
task force will be examining recent efforts to make the courts more
accessible
to self-represented litigants and identifying measures to be taken
by the courts, the bar, legal service provides and other stakeholders.
Many states
have developed new procedural rules and simplified statewide forms
and pleadings to reduce barriers; provided court assistance offices; or
provided
information in languages other than English. Again, the Arkansas website
has been a national leader in many of these activities to enhance pro
se.
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