Access to Courts: Get Creative or Face Disaster

by Kristen Pavón

From The Miami Herald:

This nation, a beacon of hope for so many around the world for upholding the rule of law for all, is facing a disaster if access to the courts is denied to the poor simply by economics. This is especially true in Florida. It is one of just four states that currently has zero state funding to help low-income people pay lawyers to dodge foreclosure and eviction or secure unemployment or disability benefits.

Where other states charge court filing fees or allocate money from the state budget, Florida does neither. That’s a black eye for the state that led the nation 30 years ago in finding a novel way to pay for lawyers to represent the indigent in civil cases.

Florida’s Legal Aid community still relies on that 1981 funding base: interest-bearing trust accounts — client money lawyers set aside in escrow for short periods of time. Unfortunately, record low interest rates the past few years have created an unsustainable situation.

Some 120 of Florida’s 410 Legal Aid attorneys are expected to lose their jobs. The Legal Aid Service of Broward will cut 20 positions. The 100,000 cases a year that the Florida Bar Foundation funds will drop by at least a third.

Not surprisingly, Florida Governor Rick Scott [and the entire legislature, for that matter] isn’t doing much about the access to courts situation. He vetoed a $1 million measure that would have helped the Florida Bar Foundation stay afloat (I’ve already mentioned how FBF’s budget crisis upsets me on a personal level).

However, The Miami Herald editorial staff proposed a couple of creative solutions:

  • Charge a fee (even if temporary) for bar dues
  • Charge sliding scale fees for clients able to pay something
  • Claim a fee from retroactive court settlements

You can read the rest of the article here.

It’s tough to think about having our clients bear the burden of the dismal state of access to justice, but is this what we may have to succumb to? What do you think?