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JAG Statewide Planning Retreat Issues List 1.
Reducing the Need for Crisis Intervention
– Clients’ lives and the justice system (providers, pro bono, courts) are
all stressed by last minute emergencies. Crisis
intervention skews resource allocation away from work that would foster earlier
and effective intervention. How can
we help people ‘upstream’ before a crisis develops? Partnerships
with social service providers; develop effective models in areas of law that are
particularly responsive to early intervention (or particularly vulnerable to
crisis) 2.
Consumer friendly system
– The system is imposing and often not easily accessed. The law and process
are complicated and not easily understood. How do we make the current system
more user-friendly? Training and support issues affecting low/moderate income people; plain
language; intake, advice, information and referral systems; consolidated
statewide intake; web-based legal information; the role of Court clerks and state agency staff; the
specific impediments faced by those with limited phone access or transportation,
language difficulties, distance barriers or disability 3.
Promoting innovation
– What innovations can we bring to the system – courts, private bar, and
legal aid providers – to enhance justice or increase access to justice? New
ways to use private attorneys in this work; lawyer referral; sliding scale
(private bar and legal aid providers); strategies to promote greater access in
rural areas; pre-paid legal insurance; new roles for non-lawyers in the system,
ADR; on-line forms, video conferencing and
other technology innovations; the role of Court clerks and state agency staff;
use of contract attorneys in rural areas 4.
Pro Se – In a
judicial system that is designed to function best when each party is
represented, how do we assure access to justice for the vast number of pro se
litigants in the Maine Court system? Lay
advocates; ADR (expand, and a focus to
accommodate the interests of low-income
Mainers); new roles for non-lawyers; expand small claims court model; best
practices from state and local administrative agencies; statutory right to
counsel; volunteer screeners at courthouse 5.
Making Institutional Changes to
Enhance Access to Justice – Laws and rules have institutionalized
barriers to access to justice. How can we change these? Unbundled
legal services; Civil Gideon; changes in professional rules; statutory changes
on issues that bring people into court; eliminating rules of evidence in
non-jury trials involving pro ses 6.
Sustaining and Assuring Quality
– Access to justice must be accompanied by a commitment to the quality of the
justice provided. This commitment
to quality must be made by the Courts, those providing assistance (legal aid,
private bar and non-lawyers), and administrative agencies.
What do we mean by quality? How
do we ensure, measure and report quality? Outcome
measures; best practices; competition in legal services; identifying indicia of
quality such as timeliness, good customer service, results and client
satisfaction 7.
Sustaining and Promoting Leadership for Justice – Effective leadership has been essential in Maine’s nationally
recognized access to justice work. How
can Maine ensure that new generations will share commitment to justice
comparable to past champions like Senator Muskie? How can we promote public understanding of the importance of
justice? Systems for identifying and
nurturing new leaders, including non-lawyers; Law school programs; board service
(including non-lawyer business leaders); leadership opportunities designed for
low-income individuals; media; faith-based community involvement
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