During the year, important positive steps supported by the Commission were taken on access to justice. Highlights include the report of the Boston Bar Association Task Force on Expanding the Civil Right to Counsel, the final report of the Court’s Steering Committee on Self-Represented Litigants, appointment by Chief Justices Marshall and Mulligan of a Special Advisor for Access to Justice Initiatives, enactment of the Uniform Probate Code, amendment of the Uniform Small Claims Rules, and adoption of a Standing Order permitting Limited Assistance Representation statewide.
The Commission, recognizing the financial needs facing providers of legal services for the poor, proposed a rule change that would add $50 to each lawyer’s annual registration statement unless the lawyer affirmatively opted out of the payment. The Commission also studied the impact of regionalization on the delivery system and discussed possible removal of some restrictions from Legal Services Corporation grants.
In
addition, the Commission is examining two often-overlooked components of the
Commonwealth’s access-to-justice system: the activities of thousands of social
service agency workers who provide legal information to low-income clients; and
the role of administrative agencies of the Executive Branch, which administer
and determine the legal rights of tens of thousands of low-income
individuals.
THE COMMISSION SEEKS SJC APPROVAL OF $50 ADD-ON FEE FOR LEGAL ASSISTANCE
The Massachusetts Access to Justice Commission has submitted a proposal to the Massachusetts Supreme Judicial Court requesting an amendment of S.J.C. Rule 4:03. The proposal, dated February 12, 2009, would add a $50 fee to the lawyers' annual registration with the Board of Bar Overseers. The added fee would be used to fund legal services to people of low income and programs designed to improve the administration of justice, especially for needy Massachusetts residents. The fee is voluntary; a lawyer who does not wish to pay the fee can opt-out.
The proposal is supported by the two largest bar associations in the state. Letters from Edward W. McIntyre, President of the Massachusetts Bar Association, and Kathy B. Weinman, President of the Boston Bar Association, reporting the strong support of both organizations are attached to the proposal.
A supplemental letter concerning technical matters was submitted to the SJC Rules Committee by Commission Chair Herbert P. Wilkins.
CURRENT COMMISSION PROJECTS AND ACTIONS
Along with the proposed add-on described above, current Commission projects include an examination of the role of social service agency workers in providing legal information and assistance on the legal problems of agency clients, an exploration of access to justice issues in the Executive Branch agencies and preparing for possible legal services delivery system changes if the LSC entity restriction is removed by Congress.
In October 2008 the Commission adopted a resolution in support of the civil Gideon recommendations of the report of the Boston Bar Association's Task Force on Expanding the Civil Right to Counsel.
In January the Commission noted with approval the Final Report and Recommendations of the SJC Steering Committee on Self-Represented Litigants. Many of the recommendations, developed through the work of the Committee, had been supported in the Commission's Report on Barriers to Access to Justice.
In June 2009, Chief Justices Marshall and Mulligan appointed Hon. Dina Fein, a member of the Commission, to the new position of Special Advisor on Access to Justice. The Commission hopes to work closely with Judge Fein as she coordinates judicial resources on access to justice issues.
COMMISSION HISTORY
In 2006-2007 the Commission took testimony at four hearings regarding barriers to access to justice in the Commonwealth. The hearings were held in Springfield, New Bedford, Lawrence and Boston. In June 2007 the Commission filed with the Supreme Judicial Court its report and recommendations based on the barriers identified by witnesses. Between November 2007 and March 2008 the Commission met with the Chief Justices of all the Trial Court Departments, received their written and oral comments and discussed the findings of the report with them.
The Commission has also issued four annual reports. The Third Annual Report, for the year ended June 2008, describes the meetings with the Chief Justices and the other activities of the Commission.
OTHER COMMISSIONS
For information about the growing number of access to justice commissions, visit the ABA's Access to Justice Support Project at www.ATJsupport.org.
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