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Fulfilling the promise of equal justice

Tuesday, May 01, 2007

  • By: David Katz
  • Organization: Toledo Blade
SINCE 1961, May 1 has been designated by joint resolution of Congress as Law Day, a time to celebrate our legal system and reflect on our country's guiding principles, particularly the "rule of law."The theme of Law Day this year is "Liberty Under Law: Empowering Youth, Assuring Democracy." The future of our nation rests in the hands and on the shoulders of our youth. It is, therefore, important that the youth of today, aided by our older generations, understand both their rights and responsibilities under the law so they may mature as effective participants in the civic life of the nation. Although the legal community and government has the primary responsibility to "preserve and protect" our legal system, all of society has a keen interest in that system which, for all its imperfections, is recognized as the finest legal system in the world. From the guiding principles of our system of justice flow the precious individual rights of all Americans and those who seek the benefits and protections of our laws. Primary among these guiding principles is the concept of equality under the law, that principle which demands that all individuals are entitled to the benefits and protections of the law regardless of sex, race, religion, or political affiliation. While all live by and are the beneficiaries of the same rights that emanate from federal and state constitutions and laws, an important aspect of equality under the law is equal access to the justice system; not only criminal but civil systems. For the law is an empty promise to those deprived of access to the courts due primarily to economic status - lack of the financial ability to engage counsel. Our legal system for decades has required that those individuals charged with serious crimes (generally felonies) must be afforded access to an attorney paid for by the government if the defendant is unable to afford counsel. That mandate flows from the constitutional right to equal protection under the law, thus to ensure due process. However, no such right to counsel exists in civil matters. Thus, those needing legal assistance in matters involving domestic violence, child custody, housing, employment, health care, or other civil proceedings may be unable to pursue remedies available to them. In northwest Ohio we are fortunate to have two organizations whose missions focus on "equal access to justice." The lawyers and advocates who comprise Advocates for Basic Legal Equality, Inc. (ABLE) and Legal Aid of Western Ohio, Inc. (Legal Aid) help thousands of people in our area find the legal help they need and to which they should be entitled but are unable to afford. These legal services programs have a strong history of providing high-quality representation to those who cannot afford attorneys. ABLE and Legal Aid have long sought to improve the systems that serve us all. In addition, the Toledo Bar Association's Pro Bono Legal Services program provides opportunities for lawyers and law firms to volunteer their services and have a direct influence on meeting the legal needs of low-income persons in our community. Recently, the U. S. District Court for the Northern District of Ohio, which includes northwestern Ohio, instituted a program which seeks to assist those with meritorious claims who cannot afford legal counsel. That effort will be supported by volunteers from the members of the Bar of this area. In a report last fall, the Legal Services Corp. (the federal program that helps fund Legal Aid and similar programs across the country) concluded that at least 80 percent of the civil legal needs of the poor are not being met. Despite this grim news, in 2006 ABLE and Legal Aid received 34,460 requests for legal help, opened more than 18,000 new cases, helped more than 42,000 individuals, and obtained close to $5 million in monetary awards for their clients. ABLE, Legal Aid, and volunteer pro bono lawyers help meet the challenges confronting the poor and powerless on a daily basis. The lawyers providing these services know their work will never be visible to those who can afford a lawyer. No matter how invisible, their work is essential if we are to have a fair justice system that ensures equality under the law. We as a community sometimes lose sight of the fact that legal representation is important to us as a society, not just to those who receive that representation. By helping people enforce and protect their legal rights while recognizing their responsibilities, legal aid services play a vital role in strengthening our communities. Fulfilling the basic right to legal access encourages trust in the legal system and, indirectly, in wider social and political structures. Rather than being discouraged by what can't be done, ABLE and LAWO are looking to the future for new and innovative ways to bring legal assistance closer to the poorest in our communities. A recently launched project, the Medical Legal Partnership for Children, brings Legal Aid lawyers and physicians together in medical settings to provide a continuum of care that addresses legal issues which contribute to children's health problems. Additionally, a recently developed program funded by the Toledo Municipal Court and Toledo City Council provides an office for Legal Aid attorneys in the municipal court facility, affording people with housing and consumer debt issues easier access to legal services. Legal Aid's vision for our community includes establishing a Center for Equal Justice in Toledo where it can provide expanded services for clients, be a resource center for local advocates and others who are helping the poor, and provide training and education for volunteer lawyers and others who work tirelessly in the war against poverty. As we celebrate Law Day, it is imperative that we think about the other 364 days when exemplary organizations like ABLE, Legal Aid, and the TBA Pro Bono Legal Services Program are helping our communities fulfill for all the promise of "Equal Justice Under Law." David Katz is a federal judge in U.S. District Court in Toledo.
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