Overview
Access to legal representation is sometimes taken for granted. Some people assume they have a constitutional “right to an attorney,” but that right only applies to criminal matters.
Many Wisconsin citizens struggle to find legal representation for housing, employment, family, or other matters in civil court. Without legal assistance, thousands of Wisconsin families face a very real barrier to accessing justice, falling into the "justice gap." Civil legal aid funding helps ensure fairness for all within the justice system, regardless of how much money an individual has.
Civil legal aid funding also has a far reaching impact on the judicial system as a whole. When individuals have legal representation or receive proper legal advice about the legal process and their rights, it increases courtroom efficiency, reduces court crowding, and improves public confidence in our system of fair and impartial justice.
Civil legal aid is a wise investment for Wisconsin: for every $1 invested, Wisconsin’s civil legal aid providers obtain more than $8 for their low-income clients in the form of child support, security deposits, jobs obtained, and more. Investing in civil legal aid avoids higher costs later. It means fewer emergency room visits, shelter stays, and police calls for domestic abuse victims. It means increased child support payments that reduce the need for public benefits. Removing barriers to employment increases job readiness and reduces unemployment claims, leading to higher tax revenue and greater self-sufficiency. Children in safe, stable families and homes can focus on learning.
Public funding from federal, state, and local governments has a key role to play in helping to remove barriers to access to justice and reinforces the private investments made by Wisconsin attorneys, local foundations, and individuals. At the federal level, funding for the Legal Services Corporation (LSC) provides the largest single source of funding for civil legal aid programs in Wisconsin. It allows our two Wisconsin LSC grantees, Legal Action and Judicare, to serve over 10,000 low-income clients each year. Other federal agencies that provide key sources of funding for civil legal aid include the Justice Department, HUD, and the VA. Together, these funds help eligible individuals and families solve civil legal problems that help them stabilize their families, maintain safe housing, and get and keep gainful employment.
In the last five biennial state budgets, the Wisconsin legislature has allocated $1 million in Temporary Assistance to Needy Families (TANF) funds for legal services to TANF-eligible survivors of domestic violence and sexual abuse. Those funds allowed 853 crime victims in 56 counties to receive the legal help they needed in 2017-2019. In March of 2022, Governor Tony Evers announced a one-time grant of $8 million from federal coronavirus relief funds to help address the massive increase in unmet civil legal needs of Wisconsin residents resulting from the pandemic. However, civil legal needs continue to outpace available funding, and too many eligible people must be turned away due to a lack of funding and resources from Wisconsin’s civil legal aid providers. Estimates from Legal Action and Judicare indicate that between 50-75% of all eligible applicants for civil legal aid are declined due to a lack of funding and resources.
Our Role
The State Bar of Wisconsin Board of Governors (BOG) support funding for civil legal assistance to low-income individuals, providing them access to the legal system to improve economic success and stability. The State Bar BOG recognizes that legal needs of low-income individuals go largely unmet and that access to legal services removes obstacles and favors a legal aid system that does not interfere with poor persons' full access to the courts or deny advocacy that is available to others in our society. The BOG also supports participation of the private bar in state and federal civil legal services programs. The BOG believes that the best way to fund civil legal needs is through sustainable, long-term budget allocations that put Wisconsin on par with our neighboring states and help ensure that access to justice in civil matters isn't dependent upon one-time infusions of funds.
Civil legal aid has long enjoyed broad bipartisan support for a reason: Wisconsinites believe equal justice under the law is a right, not a privilege. It helps people of all backgrounds and ages, saving taxpayers money while ensuring equal access to justice for all.
What You Can Do: State Bar of Wisconsin Advocacy Network
State Bar members are encouraged to send a message to their lawmakers expressing support on legislative topics which positively affect the legal system using the
Advocacy Network. The pre-written email message is editable to suit your own thoughts and opinions, and will help to demonstrate the breadth of support for policies that prioritize access to justice.
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