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ONLY 28 PERCENT OF CALIFORNIA'S POOR HAVE ACCESS TO JUSTICE MEDIA CONTACT: Jack Londen, 415-2687415 or Judge Laurie Zelon, 213-974-6047 San Francisco, November 20, 2002
Nearly one and a half million poor families in California do not
have access to justice when their rights to employment, housing,
health care, transportation or other basic human needs are denied,
according to a report issued today.
"The
Path to Justice: A Five-Year Status Report on Access to
Justice," prepared by the California Access to Justice
Commission, also found that only one lawyer is available for every
10,000 poor Californians, leaving the state lagging far behind
comparable states when it comes to providing access to justice for
poor people.
The situation is so dire, the report found, that only 28 percent
of the civil legal needs of the state's poor and low-income
residents are being met.
"As a practical matter, in most cases there can be no access to
justice without access to legal assistance," said Jack Londen, past
chair of the Access to Justice Commission and a partner in the San
Francisco firm of Morrison & Foerster.
"Whether we like it or not, sometimes landlords illegally evict
tenants, children with disabilities are denied proper care,
veterans don't get services guaranteed to them, and elderly people
need legal assistance to escape the abuse of a caregiver."
"As Chief Justice Ronald George has observed, Californians cannot
allow 'and justice for all' to become 'and justice for those who
can afford it,'" added State Bar President James Herman. "I never
tire of pointing out the generosity of California lawyers. But
these numbers cry out for more funding and greater commitment to
pro bono work by our lawyers."
In 1997 the governor, attorney general and legislature joined
forces with the judiciary and State Bar as well as business, labor
and community groups to create the California Access to Justice
Commission to grapple with the issue of meeting the legal needs of
all Californians.
The state's Equal Access Fund, which has allocated $10 million
annually to the 100 legal services programs in California since
1999, has increased funding for civil legal services for the poor
and chipped away at the gap between need and services.
However, the new report found that the state would need to triple
its combined public and private investment in legal services to
close the gap.
In addition, low interest rates, higher unemployment and an
economic downturn are exacerbating the problem. And the current
government investment still amounts to only $13.20 worth of legal
services for each of California's poorest people.
States like Minnesota and New Jersey spend three times that amount
per poor person, Connecticut and Massachusetts more than twice as
much, and countries including England, Canada, Australia, Scotland,
New Zealand and Hong Kong spend anywhere from two to 14 times more
proportionally than California, despite the fact that California is
the 6th largest economy in the world.
Despite the gloomy portrait it paints of California's poor, the
report outlines some gains in the past five years:
- The Equal Access Fund has provided $40 million for legal
services programs, placing California among the 40 state
governments which fund legal aid;
- Self-help centers have been created in every county; and
- A more cost-effective system of delivering legal services
through cutting-edge computer and internet technology and other
strategies has been developed.
The interim five-year goal of the Access to Justice Commission is
to fill at least 50 percent of the legal needs of the poor.
"I know my fellow judges want to do justice and not inflict
injustice," observed Justice Earl Johnson of the California Court
of Appeal, who chaired the committee that researched and wrote the
report. "More than anyone, they know it can be nearly impossible to
do the former and avoid the latter in a one-sided contest where
only one litigant has a lawyer."
The report also found that the vast majority of the public
supports government funding of legal services for the poor. "Our
whole society is harmed when access and fairness are denied," said
Londen. "Clearly, California can-and must-do better."
The
Path to Justice: A Five-Year Status Report on Access to Justice
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