Access to Justice in a Civil Context

ATJ-reportIndigent defendants in criminal cases, and select civil matters (i.e., child in need of protective services petitions, termination of parental rights petitions, Chapter 51 petitions, and Chapter 980 petitions), are entitled to the appointment of counsel when they cannot afford representation. Either the state public defender’s office represents the individual, or an attorney is appointed by the county. It is imperative that individuals facing some form of deprivation of their individual liberty and freedom, as in the aforementioned scenarios, be represented.

But, what happens in other types of civil matters, where there is no right to counsel? What happens when a person or family faces a legal issue that will affect their rights, health, safety, economic security, and overall well-being? All people, regardless of socioeconomic status, should have access to the justice system. While some individuals may be able to handle a matter pro se, meaningful legal assistance or full representation is often needed to assist individuals in asserting and defending their rights.

The Wisconsin Access to Justice Commission (WATJC) is one entity working toward “improving the administration of justice by supporting civil legal services to those who cannot afford them”. In 2011, Wisconsin became one of only four states nationally, and the only state in the Midwest, that failed to provide any state funding for civil legal services. The 2015-2017 budget appropriates $500,000 per year of the biennium for civil legal aid service to abuse victims. This sum is well below the other neighboring states. Minnesota, for example, appropriated over 12 million dollars per year of its biennium for civil legal services. According to WATJC, the average budget for indigent civil legal services in other Midwestern states is $7.6 million. While Wisconsin falls well below that average, it is at least an improvement that the current state budget appropriates some funding, albeit for a very specific class of litigants.

There are a variety of agencies that offer legal assistance and full-representation to indigent clients in civil matters. From my experience working at Centro Legal, I am aware that many more people were in need of assistance than that organization had the capacity to handle. While I cannot speak for other agencies, my best guess is that they also have more work than they can take on, and that as a result many people are turned away because there just isn’t the capacity to represent them. There are notable efforts to coordinate volunteer attorneys and to help people be matched with an attorney that would be willing to take on a case for a reduced rate. With low levels of funding from the state to support agencies already offering civil representation, the difference must be made up somehow. Whether it is volunteering to represent someone, participating as a volunteer at one of the several clinics offering brief legal advice, offering a reduced rate in certain circumstances, or offering support to practitioners that incorporate as a non-profit and offer reduced rates for indigent or modest means clients, all lawyers have a role to play in ensuring that access to justice and the legal system is not limited by one’s socioeconomic status. We all have a stake in improving access to civil legal service for people who cannot afford an attorney.

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Our Peacebuilding Pope

elliot-popeThe Pope, a rabbi and an imam…it sounds like the beginning of a very funny joke but last week was a reality.  As you likely know, last Friday the Pope hosted an interfaith prayer gathering at the 9/11 Memorial and Museum.  This was a trailblazing event and I’ve linked to the video here for those you who have not yet seen it.

As a professor at a Jesuit university, I am delighted by this Pope’s Jesuit background and our claim at affiliation.  This service last Friday also was particularly significant for me since the rabbi (the one in the picture above) is my very talented brother in law, Elliot Cosgrove.  You can link to his sermon about this experience here.

Should you watch the video, here are some times noted:  Cardinal Timothy Dolan speaks first; Elliot begins speaking at 2:55 until about 8 minutes in (alternating with the Imam); the Pope speaks after that with representatives of many faiths speaking after him.

And here is our family’s favorite shot of the day–the Pope greeting my nieces and nephew after the ceremony is concluded (the very cute kid in the middle and his sisters are behind him.)

jed-popeAmazingly, this was also caught in the video of the day if you want to see it happening at around 47 minutes in.  As Elliot put it in his sermon:

My warmest memory of all from yesterday relates not directly to the pope, but to my dear friend His Eminence Cardinal Dolan, to whom the city of New York owes a great debt of gratitude for his inspired leadership. The formal part of the program had ended, and as participants were greeting each other, the pope stood for pictures with assorted dignitaries. Off to the side, Cardinal Dolan and I greeted each other warmly, and he said, “Elliot, aren’t your children here?” When I signaled to him where they were sitting, Cardinal Dolan insisted, “Well bring them up here, they should be up here!” I turned around, caught my children’s eye, waved them over, and to make a long story short, was able to give them each the gift of a handshake and smile from the pope that they will never forget.

It is this story, more than any other, to which I have returned in the hours since the event concluded. That in the split second of the chaotic recessional Cardinal Dolan saw me and didn’t see a rabbi, or even necessarily a Jew, but friend and a dad who probably wanted what every dad wants: to make his children happy. It was a gesture of supreme menschlichkeit, and it speaks volumes of Cardinal Dolan and the church he represents. If each one of us had it within ourselves to recognize each other not for our titles, stature, or faith, but for the human beings we are, and then performed acts of friendship and service to validate that common humanity, well then, just think how much better off this world would be. I am grateful to Cardinal Dolan for many things, but it is that one gesture as much as anything, exemplifying the spirit of his ministry, that is worthy of emulation. May we all similarly seek, with humanity and humility, to do so in our own lives, and may the spirit of Pope Francis’s visit continue to inspire our great city for many years to come.

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Law School to Sponsor Cuba Trip

TR_San_Juan_Hill_1898This coming January 9-16, 2016, several Marquette Law School faculty and I will accompany a group of law students for an International Conflict Resolution winter break trip to Cuba.   The trip will focus on economic, religious, social and political issues during this interesting time as Cuba and the US begin renewing diplomatic relations.  The itinerary will include meetings with journalists, leaders of the Catholic church, urban planners, economics experts, a former Cuban diplomat, lawyers and university students.    Participants will also experience traditional Cuban cuisine, tour Havana and learn about the Cuban baseball program.

An application, and more information, can be found by clicking this link.

Space is limited, and priority will be given to 3L students and to students with international travel experience.  Please note, this is NOT a class and no course credit will be given!!

This trip is yet another opportunity for Marquette University Law School students to travel to a foreign country in order to observe issues relating to international conflict resolution first hand, while interacting personally with local leaders.  The Law School also offers a class on International Conflict Resolution on a biennial basis that includes a trip to Israel.

Photo:  Teddy Roosevelt and the Rough Riders in Cuba in 1898.

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