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Group
works to make justice accessible
Wednesday,
March 22, 2006 - Bangor Daily News
HALLOWELL - The nation's promise of
justice for all doesn't guarantee
equal access to legal services for everyone but maybe it should, according
to a group dedicated to improving access to justice in Maine.
The Justice Action Group, composed
of nearly 100 judges, lawyers, social
service providers and
representatives from advocacy groups, met Tuesday at
Maple Hill Farm Inn to begin work
on a plan that would break down barriers
to justice. Participants will work
in small groups over the next year,
then issue a
series of recommendations about how to improve the delivery
of justice throughout the state.
"Maine is at the forefront of
addressing the legal needs of low-income
Mainers," Sally Sutton,
executive coordinator of JAG, said Tuesday. "But
three out of four people still
don't have access to legal services. The
people at this meeting recognize
something has to happen to change that.
The question is how do we close
that gap."
The state provides an attorney to
low-income defendants charged in
criminal cases who could face jail
time. Mainers involved in civil
litigation have no such
constitutional right, but legal aid agencies such
as Pine Tree Legal Assistance and
Legal Services for the Elderly do offer
free legal service to one out of
four individuals and families whose
incomes are at 200 percent of the
federal poverty guidelines or below.
According to information provided
by JAG, about one-third of the state's
residents qualify for free legal
assistance, but there simply aren't
enough services to meet the need.
Ideas for addressing the problem
that were suggested in small-group
sessions Tuesday included:
- Becoming the first state in the
nation to fund court-appointed attorneys
in civil cases.
- Creating mobile justice centers
to serve areas without public
transportation.
- Mandating the forgiveness of law
school loan debt for lawyers who serve
rural areas.
- Changing the law that forbids
anyone but lawyers from giving legal
advice.
- Developing a community dispute
resolution center.
- Educating the public about how
the legal system works on public-access
cable television channels.
- Advocating for the creation of more problem-solving courts using the
drug court model that includes
helping participants access social and
medical services.
JAG's planning session was designed to build on work done in 1990 and
1994. Tuesday's meeting and work to be done over the next year is
sponsored by the Maine Bar Foundation, the Maine State Bar Association and
the Institute for Civic Leadership.
District Court Judge Ann Murray, who presides in Bangor, said Tuesday that
the meeting gave her the opportunity to think about justice
in a different
way than she does from the bench.
"Here, justice can be looked at more broadly," she said during lunch.
"It's been a wonderful
experience to hear the ideas of people from several
different disciplines and see their
priorities."
Those working outside the legal system focused on increased education
about how the justice system works, and better communication between
social service and legal services providers. The need for more
court-trained interpreters for people who do not speak English and a more
consumer-friendly atmosphere in courthouses also were emphasized.
But funding greater access to justice will continue to be a major hurdle,
Judson Esty Kendall, who works for Pine Tree Legal Assistance in Bangor,
said Tuesday during a break. When he began working for the organization
more than 25 years ago, about 80 percent of its funding came from the
federal government.
Today, 41 percent, or $2.7 million of the $6.6 million spent annually for
civil legal aid in Maine, comes from Washington, D.C. The state
contributes more than $800,000, or 12 percent; court fees and fines make
up about $950,000, or 14 percent; more than $1 million, or 16 percent,
comes from private grants and contributions; and the rest of the funding
coming from contributions from lawyers and the interest on money lawyers
hold in trust for clients.
"Maine has done a pretty good job of funding legal service," Esty
Kendall
said. "What has not increased in years is the federal portion. If we are
going to get an infusion of funds, it has to come from Washington and that
gets into the whole issue of funding priorities."
For information on JAG's project, visit www.mbf.org/justice.htm.
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