AMERICA promises justice for all, but it hasn't delivered. Well-to-do people can hire the legal help they need, and poor criminal defendants are entitled to government-paid lawyers. But from housing court to custody battles, people in civil cases who can't afford lawyers are often on their own - unless volunteer lawyers help. This means many people may get only as much justice as they can buy, which is often no justice at all.
One promising solution is to expand the right to counsel to cover more poor people in dire legal situations. This would increase access to justice and help the courts function more smoothly.
Last year, the American Bar Association recommended that government-funded lawyers be appointed to low-income people when "basic human needs are at stake, such as those involving shelter, sustenance, safety, health, or child custody. . ."
It's a noble call that would provide sweeping protections to the poor. But it's also a proposal that would cost millions of dollars. A more realistic approach is to press for gradual change.
Massachusetts already provides lawyers in a number of civil cases, helping, for example, family members who are involved with the Department of Social Services, as well as adults who face petitions saying they should be committed to psychiatric facilities.
But this summer, a report pointed to unaddressed needs in the state's system. The report was written by the Supreme Judicial Court's Massachusetts Access to Justice Commission, and it named several areas of concern. One is evictions. Low-income tenants should have their rights defended as a matter of justice and as a way to prevent homelessness, which can cost taxpayers if evicted tenants end up in state-funded shelters. The report also points to the need for counsel in cases where the Department of Youth Services seeks to take a previously released juvenile back into custody.
In September, the Boston Bar Association created a task force of lawyers and judges to explore the civil right to counsel. This group will set priorities and come up with an implementation plan.
"It has to be triage," according to Anthony Doniger, the Boston Bar's president. Because there isn't enough money to meet the full demand, a plan will have to identify and focus on those with the greatest legal needs.
The task force should consider setting up pilot programs that could test different approaches, assess likely costs and savings, and refer clients to social service programs so that they would get both legal representation and help stabilizing their lives.
Justice shouldn't be a luxury item.
