Supreme Court directs its staff to study
“Wisconsin Access to Justice
Commission” concept advanced by the State Bar
The State Bar of Wisconsin’s petition calling for the creation
of a new Wisconsin Access to Justice Commission will be the subject of
further deliberations by the state Supreme Court, following a Wednesday,
Dec. 17 open conference and hearing on Rules
Petition 08-17. The Court voted 6-0 to direct its staff to develop a
proposed order forming a not for profit corporation to serve as the
Wisconsin Access to Justice Commission with the purpose of improving
access to justice.
“I’m very encouraged that the court recognizes the
urgency and scale of the access to justice challenge and has indicated
its interest in dealing with this critical problem in this way,”
State Bar president Diane Diel said after the hearing. “We look
forward to working with court staff in the months ahead to continue to
move this issue forward so that Wisconsin can join the more than twenty
other states that have already adopted access to justice
commissions.”
Focus on the Expanding Needs of Low-Income
Residents
The petition was filed by the Bar in July 2008 to bring greater focus
on the expanding needs of low income Wisconsin residents facing serious civil legal
problems without necessary legal assistance. The proposal was modeled on
the successful efforts already in place in over 20 states. It was a key
recommendation from the Bar’s access to justice study and report,
“Bridging
the Justice Gap: Wisconsin’s Unmet Legal Needs.” That
report extensively documented the unmet legal needs of low income
Wisconsin residents and offered
proposals for change. Some key findings include:
- Every year in Wisconsin more than 500,000 people
confront an average of two serious civil legal problems.
- The need was highest among the poorest families; almost half (48%)
of those in the lowest income group encounter an average of two serious
civil legal problems every year.
- 64% of poor households with children and 63% of households with
someone who is disabled encounter a legal need.
- 32% of rural households encounter a civil legal need.
- Nearly 66% of those who proceed without legal representation in
court or at an administrative hearing face opposing parties who
are represented.
The Board of Governors voted on May 8, 2007 to
accept the Access to Justice Study Committee’s report and adopt
all of its recommendations, including the proposal that the stakeholders
in the justice system should collaborate to form a Wisconsin Access to
Justice Commission.
Some Recommendations
Implemented
Since adopting the Bridging the Justice Gap
report, the Bar has implemented other recommendations made by the
committee. On July 1, 2008, the Bar launched a statewide modest means
referral project for working poor families. The Bar has also expanded
the resources available for pro bono support in Wisconsin through
grants and collaborations to establish new pro bono projects, such as
the Military Pro Bono Program.
Wisconsin attorneys have responded
to these needs in a variety of other ways, including pro bono or
reduced-fee services and the $50 annual assessment they pay to the
Public Interest Legal Services Fund which provides almost $800,000 per
year in stable funding for legal services to the poor. The courts have
also addressed these needs by launching self-help centers, expanding the
range of assistance court clerks can render, simplifying court forms and
making them available on-line. Many Wisconsin lawyers working in legal aid offices
around the state have also made a commitment to ensuring equal justice
under law for all.
Recognizing that even these serious efforts still fall short of the
need and that a more formal and collaborative response is required to
make further progress, the Bar has proposed the Commission as a way to
focus attention on the issue and advocate for a system of civil legal
services delivery to the poor that is more efficient, better funded and
accessible to all.
Watch a webcast
of the Dec. 17 hearing recorded by WisconsinEye.
