The following post appears courtesy of the Access to Justice Initiative .

Approximately ten years after the terrorist attacks of September 11th, Congress passed the James Zadroga 9/11 Health & Compensation Act.  The Act reactivated the September 11th Victim Compensation Fund (VCF), which operated from 2001-2003, and expanded the pool of claimants to include first responders, members of cleanup crews, and other individuals who suffered latent physical injuries due to their exposure to Ground Zero.  Sheila Birnbaum, a lifelong New Yorker with decades of experience resolving complicated litigation, was appointed Special Master of the Fund.

To ensure that the claim-filing process was accessible, transparent, and easy to navigate, the VCF established a streamlined online filing system and encouraged claimants to register and submit their claims electronically.  The site was made available in English, Spanish, Polish, and Mandarin Chinese.

But the administrators of the VCF and the Department’s Access to Justice Initiative (ATJ) knew some potential claimants might not have easy access to computers or might be uncomfortable with technology.  Those claimants, as well as people who were not proficient in English, could benefit from direct assistance, so the VCF and ATJ reached out to the New York public interest legal community.  Building on the success of the work of Lynn Kelly of the City Bar Justice Center establishing clinics for VCF claimants staffed by volunteer attorneys, David Udell of the National Center for Access to Justice at Cardozo Law School (NCAJ), suggested that law students might also be able provide similar assistance. 

Working with the area law schools’ public interest coordinators, the VCF administrators, ATJ, the City Bar Justice Center, and the NCAJ, Columbia Law School and Cardozo Law School agreed to host two pilot student clinics.  VCF conducted a training at Columbia Law School for all interested student participants with the participation of DLA Piper volunteer attorneys who also attended the clinics to help supervise. 

Columbia University Law School successfully hosted the first pilot clinic on March 13 and 15, 2012 in which 12 to 15 students assisted roughly 15 claimants each day.  Cardozo Law School hosted the second clinic from April 9 to 11.  Each day approximately 25 law students from Cardozo, Hofstra, Touro, and the University of Pennsylvania assisted 15 to 20 claimants in all stages of the filing process.  At both schools students worked in pairs, often with interpreters or interpreting themselves, and spent one to two hours interviewing individuals, helping them fill out the electronic forms, and uploading documents into the online system.

The result of this true community effort has been a success for everyone involved.  For some students the clinics were their first pro bono experience.  They gained valuable skills in client communication, and many found it immensely rewarding to offer tangible help to people suffering from grave illness, injury, and loss.  Frances Gottfried, Director of the New York Office of the VCF, said she was “impressed with the students’ dedication, flexibility, and enthusiasm,” and claimants at both clinics expressed their gratitude for the students’ assistance.

The City Bar Justice Center is continuing to assist those whose health or loved ones were harmed as a result of 9/11, and will host a pro bono clinic staffed by attorneys on May 7, 2012.   

More information about the September 11th Victim Compensation Fund and available legal assistance can be found at http://www.vcf.gov/index.html.

Since its launch in 2010, the Access to Justice Initiative has worked to help the justice system efficiently deliver outcomes that are fair and accessible to all, irrespective of wealth and status.  The Initiative’s staff works within the Department of Justice, across federal agencies, and with state, local and tribal justice system stakeholders to increase access to counsel and legal assistance, and to improve the justice delivery systems that serve people who are unable to afford lawyers. If you would like to learn more about the Access to Justice Initiative, visit www.justice.gov/atj. 

The abduction of a child is every parent’s worst fear.  Yet all too frequently, it is a parent who is the abductor.  When one parent takes a child to a foreign country, the mother or father who is left behind faces not only a heartbreaking loss, but a daunting legal process in an unfamiliar legal system.  Without legal assistance, parents may never be able to bring their children home.  To help ensure that parents get the services they need, in December 2011 the Legal Services Corporation (LSC) issued new guidance to its grantees.  The guidance clarifies that LSC grantees have the authority to represent indigent foreign nationals in Hague Convention cases brought in United States courts for the return of, or access to, their children.

The Hague Convention on Civil Aspects of International Child Abduction is an international treaty that provides parents with a legal mechanism to return “wrongfully removed or wrongfully retained” children to their country of “habitual residence.”  Once there, the legal system of that country will resolve any custody disputes.  The Convention also seeks to promote the enjoyment of visitation when a parent and child/ren live in different treaty-partner countries.    Hague Convention cases are designed to be fast (courts may be asked to explain delays in decision-making after six weeks), and children found to be “wrongfully removed or retained” are to be returned forthwith.   However, not all cases resolve swiftly.  

Leyda Cuellar, a Panamanian woman, learned this after her estranged husband abducted their young daughter in an Australian airport.  From there he fled to the United States with Cuellar’s passport, leaving her stranded.  Cuellar filed a Hague Convention case in the United States to return her daughter to Panama, where they both had lived. 

A woman of limited financial means, Cuellar fortunately found pro bono attorneys from a private firm in the United States to represent her.  Her attorneys successfully litigated her case all the way to the Ninth Circuit Court of Appeals.  Almost two years after the abduction, Cuellar was ultimately reunited with her daughter.

As Cuellar discovered, legal representation can be essential to foreign parents with abducted children in the United States.  LSC issued this new guidance to help ensure that no parents lose their children through abduction simply because they cannot afford attorneys’ fees.  The guidance reiterates that, under current federal and international law, legal services providers may represent indigent foreign parents in Hague Convention return and access cases in United States courts regardless of whether they reside abroad or in the United States.  Hague Convention cases can also be fee-generating, which allows pro bono attorneys like those who represented Leyda Cuellar to recover legal fees and expenses. 

LSC developed the guidance in consultation with the Department of State and the Department of Justice’s Access to Justice Initiative (ATJ).  ATJ has actively supported efforts to ensure that foreign parents of abducted children, regardless of their income, have access to legal services in the United States for these cases.

The Department of State serves as the U.S. Central Authority for the Hague Child Abduction Convention (“USCA”).  The USCA administers the Hague Convention Attorney Network, which comprises volunteer attorneys who offer pro bono or reduced fee representation to income-eligible parents in treaty-partner countries.  Many LSC grantees participate in the Attorney Network, and others are welcome to join; however, enrolling is not a prerequisite to representing parents in Hague cases.  Information about the Attorney Network is available on the State Department’s website  and click “For Attorneys & Judges” on the left hand toolbar.

Sign up to be a part of the State Department’s Attorney Network(PDF) 

 Since its launch in 2010, the Access to Justice Initiative has worked to help the justice system efficiently deliver outcomes that are fair and accessible to all, irrespective of wealth and status.  The Initiative’s staff works within the Department of Justice, across federal agencies, and with state, local and tribal justice system stakeholders to increase access to counsel and legal assistance, and to improve the justice delivery systems that serve people who are unable to afford lawyers.

If you would like to learn more about the Access to Justice Initiative, visit www.justice.gov/atj.  

Almost 50 years ago the Gideon v. Wainwright decision determined that the Constitution required defendants in criminal cases to be provided with legal counsel, even if they cannot afford an attorney.   Yet all across this country – the basic rights guaranteed under Gideon have yet to be fully realized.   Millions of Americans still struggle to access the legal services that they need and deserve – and to which they are constitutionally entitled.  

Speaking before the American Bar Association’s (ABA) National Summit on Indigent Defense, Attorney General Eric Holder announced a series of initiatives that the Justice Department will undertake to strengthen legal representation for individuals too poor to hire a lawyer to represent them in criminal proceedings.

 As the Attorney General observed:

Across the country, public defender offices and other indigent defense providers are underfunded and understaffed.  Too often, when legal representation is available to the poor, it’s rendered less effective by insufficient resources, overwhelming caseloads, and inadequate oversight. 

The Department’s Access to Justice Initiative has been working with many offices within the department to develop the following initiatives that advance Gideon and support  equal access to legal representation, regardless of income. 

These efforts include the following:

Strengthening Indigent Defense through Implemention of the ABA Ten Principles

The ABA Ten Principles of a Public Defense Delivery System represent fundamental building blocks for implementing quality legal representation. Released in 2002, the principles list the ABA’s  recommendations for improving public defense delivery systems. These principles have been recognized by the Attorney General as, “an  essential guidepost for ensuring that our indigent defense efforts are as effective- and as efficient – as possible.”

To help jurisdictions strengthen state, local, and tribal indigent defense systems, OJP’s Bureau of Justice Assistance will release $1.4 million of new discretionary grant funding to support projects that help make achievement of these principles a reality.  The BJA grant solicitation will be released this spring. Solicitations can be found on the BJA website and on grants.gov.  

Bringing All Criminal Justice Stakeholders to the Table

The Department of Justice’s Byrne-JAG program provides federal funding, in the form of formula grants, for states and localities to promote effective strategies across the criminal justice system.  The Attorney General has repeatedly encouraged all stakeholders of the criminal justice to work together in planning comprehensive criminal justice strategies supported by the Byrne-JAG program.  This way jurisdictions will help ensure that decisions are made with an eye toward impacting and strengthening the entire criminal justice system. 

Expanding Research

There is insufficient research on the barriers to effective representation in criminal matters.  To address this research gap, the department will invest up to $1 million to fund research projects that contribute to indigent defense knowledge and practice. This research will help policy-makers make better data-informed decisions. The grant solicitation  can be found on the NIJ website (PDF) and on grants.gov.  

Access to Justice Initiative

Since its launch in 2010, the Access to Justice Initiative has worked to help the justice system efficiently deliver outcomes that are fair and accessible to all, irrespective of wealth and status.  The Initiative’s staff works within the Department of Justice, across federal agencies, and with state, local and tribal justice system stakeholders to increase access to counsel and legal assistance, and to improve the justice delivery systems that serve people who are unable to afford lawyers. To support the development of quality indigent defense delivery systems, the ATJ resource page provides information identifying open grants, training and technical assistance that may be of particular interest to the defender community. 

 If you would like to learn more about the Access to Justice Initiative, visit www.justice.gov/atj. 

“If foreclosure mediation is such a good idea, why haven’t more jurisdictions taken up the mantle? What are barriers to implementation and program participation, and is the conventional wisdom that mediation takes a long time and is costly supported by the evidence?”

These were some of the critical questions posed last spring by Raphael Bostic, Assistant Secretary for Policy Development and Research at the Department of Housing and Urban Development (HUD) at a workshop hosted by the Access to Justice Initiative at the Department of Justice in Washington, D.C. in March of 2011.

Today, Access to Justice is proud to release a report (PDF) detailing the important discussions that took place that day, compiling the most recent foreclosure mediation research and resources, and offering possible answers to these – and many other – key questions.

In response to the ongoing foreclosure crisis, many jurisdictions around the country are turning to mediation, where a neutral third-party (often, but not necessarily employed by a court) helps facilitate negotiations between a lender and homeowner as they attempt to reach agreement on an alternative to foreclosure where such an outcome is feasible.   

As detailed in the report, these programs already show great promise, and have even demonstrated some early successes – but the best way to move forward remains a subject of debate. In order to sustain the national dialogue about these issues Access to Justice brought together more than 40 foreclosure mediation program administrators, researchers, and other stakeholders for a workshop designed to achieve two goals:

1. Shine a light on best practices for research and evaluation of foreclosure mediation programs (and related interventions); and
2. Build and strengthen relationships between court administrators, researchers, advocates and representatives from government agencies and the lending community. 

The workshop also presented an opportunity to gather recommendations for potential actions that the federal government could take to support state and local foreclosure mediation programs.

Both the workshop and today’s report build on a November 2010 event co-hosted by the Middle Class Task Force and Access to Justice Initiative at the White House. At the event, Vice President Joe Biden and Attorney General Eric Holder unveiled a series of steps designed to help middle class and low-income families secure their legal rights and announced new resources to help bring stakeholders together, share knowledge and expertise, and highlight the most effective new strategies for foreclosure mediation.

Read the full report: http://justice.gov/atj/foreclosure-mediation.pdf

Since its launch in 2010, Access to Justice has worked to help the justice system efficiently deliver outcomes that are fair and accessible to all, irrespective of wealth and status.  The Initiative’s staff works within the Department of Justice, across federal agencies, and with state, local and tribal justice system stakeholders to increase access to counsel and legal assistance, and to improve the justice delivery systems that serve people who are unable to afford lawyers. 

If you would like to learn more about the Access to Justice Initiative, visit www.justice.gov/atj.   

Attorney General Holder hosts a panel with a selection of the honorees to discuss how to increase access to justice.

 

 “Equal justice under the law” is more than just a phrase. It is an American ideal, at the core of our belief system.   And yet, for too many Americans, sound legal advice and assistance has been out of reach.

 That is why last year the President and the Attorney General launched the Access to Justice Initiative. It was formed to address this crisis – to ensure that basic legal services are available, affordable and accessible to everyone in this country – regardless of status, income, or wealth.  Across the country, the department has been diligently working with federal, state, local and private partners towards enhancing the availability, and quality of legal representation available to all.

Most defendants are dependent on the service of public lawyers, and in some cases, public defender caseloads are so excessive that they struggle to fulfill their basic obligations to their clients. Many times, these circumstances leave our criminal justice system falling short. Those who suffer most from these shortcomings are often the most vulnerable among us – immigrants, juveniles, the homeless, disabled veterans, or victims of domestic and sexual violence.

However, the innovation and perseverance of dedicated legal professionals across the nation is making a difference. 

 Today the Department of Justice and the White House, came together to celebrate and honor some of these “Champions of Change” who promote access to justice in their communities.  As Attorney General Eric Holder said:

All across the country, each one of them is making a difference – by helping people in dire need access legal services; by securing much-needed benefits for disabled children, military families, and veterans; by paving the way for individuals transitioning out of our prisons and jails to become productive members of their communities; and by helping to safeguard – and to empower – the most vulnerable among us.

Leading advocates from the private and public sector, including defense lawyers, prosecutors, law professors and law students attended the event.  There are 118 law schools watching the event via a live-feed, thousands more students got to witness as the Champions shared their successes and had an open discussion about the work that still remains to be done.

 Beginning on Oct. 17, 2011, a video of the event and Champions’ individual stories will be highlighted at www.whitehouse.gov/champions.  In addition, the Champions’ blogs, as well as entries from each of the 118 participating law schools describing their commitment to public service, will be featured.

 Since its launch, Access to Justice has made an impact in beginning to improve the legal system for all Americans, regardless of status. If you would like to learn more about the Access to Justice Initiative and how you can help in your own community, visit justice.gov/atj  

Attorney General Eric Holder has long spoken about America’s crisis in indigent defense.  The vast majority of criminal defendants in the United States are poor, yet there is insufficient funding and resources to meet their legal needs.  Given this shortage, it is critical to develop evidence-based research that identifies practices that  help to guarantee every person’s fundamental right to counsel and due process.  Earlier this week, the Department of Justice’s Access to Justice Initiative (ATJ) and the National Institute of Justice’s (NIJ) International Center jointly sponsored a workshop to help identify the best of these practices. 

The purpose of the  workshop was to identify both domestic and international best practices for representing low-income defendants and to devise a robust research agenda on criminal indigent defense in the United States.  The 40-person group consisted of leading experts drawn from multidisciplinary communities, including domestic and international practitioners, researchers, advocates and government officials.  People came from nine countries, including the United Kingdom, the Netherlands, and Finland.

The workshop was a timely successor to the Department’s recent celebration of Robert F. Kennedy’s achievements and enduring legacy.  In his welcoming remarks, Associate Attorney General Thomas Perrelli reminded participants of Kennedy’s commitment to developing quality public defense systems and safeguarding the rights of indigent defendants.  The Associate  Attorney General reaffirmed, through the words of Kennedy himself, that indigent defense is a moral imperative:

“The poor man charged with crime has no lobby. Ensuring fairness and equal treatment in criminal trials is the responsibility of us all.” 

Assistant Attorney General Laurie Robinson further emphasized that the issue is a crucial one for the Attorney General, stating that the defense bar is central to a strong justice system.

Recently retired Chief Justice Margaret H. Marshall of the Massachusetts Supreme Judicial Court delivered the workshop’s keynote address.  Born and raised in South Africa, Chief Justice Marshall was a leader in student-led anti-apartheid efforts.  Appointed as the first female Chief Justice of the Supreme Judicial Court in 1999, she led the court in making significant progress in guaranteeing adequate representation for indigent defendants.  In her remarks, she challenged participants to work together to not only identify ways to improve the circumstances faced by indigent defendants, but to raise the quality of that defense to the same caliber as that of a defendant  with means. 

Topics discussed at the workshop included:

• The state of indigent defense in the United States;
• Costs associated with being indigent in the criminal justice system;
• Improvements to the provision of defender services to juveniles and to poor people;
• The intersection of indigent defense and immigration; and
• Indigent defense in indigenous communities.

Panelists from around the world and with a variety of perspectives gave thought-provoking presentations that informed a rigorous discussion. The workshop culminated in participants prioritizing specific, actionable measures aimed at improving indigent defense in the United States.  The report that will be generated from this workshop in the next six months will be used to inform ATJ’s priorities and NIJ’s future research agenda on indigent defense, including which alternative, international practices ATJ and NIJ might study to determine their viability domestically.

For more information on the Access to Justice Initiative, visit:  justice.gov/access

For more information on the National Institute for Justice, visit: http://www.ojp.usdoj.gov/nij/