Access to Justice for Those Who Need It Most
With so much still unknown about how and when the courts at every level will resume full dockets of cases, let's look for small ways that we can help locally to ensure that access to justice continues for those who need it the most.
April 20, 2020 at 10:30 AM
4 minute read
As she sat at her desk in Newark, New Jersey, a few days before Saint Patrick's Day, she learned that the trial they were about to start had been adjourned indefinitely due to the current health crisis. Her first reaction was disappointment. So much time and energy had gone into the preparation for this civil trial, and both parties were ready for their day in court. Witnesses had been subpoenaed, numerous experts were gearing up for trial, final travel arrangements were being made, and they were preparing to address the various motions that had been fully briefed by both sides. The next month or so was spoken for and everyone involved was ready to go.
However, after a few minutes of letting it all soak in, her thoughts turned to the reality and gravity of the circumstances. People all over New Jersey, and elsewhere, awaiting their "day in court" would simply have to wait. In the context of civil litigation, delays are often inevitable, and most attorneys have come to expect them—but, in other types of matters where individual liberties are at stake or safety is at issue, delays can result in life-altering consequences.
She thought back to the start of her career when she handled child welfare litigation on behalf of the state—an area where many friends and colleagues of hers still practice and are weathering the storm and adjusting to a new way of proceeding. The return of a child home, the removal of a child due to abuse or neglect or the long-awaited adoption; can these matters really wait? What about all of the people about to lose their home or those facing eviction or lockout from a business or apartment? Can these matters wait? The victim of domestic violence or someone accused of a crime sitting in jail; can these types of matters wait?
While she was unsure how all of these thoughts went racing through her mind at once, she was sure that at that very same moment, lawyers in New Jersey and elsewhere were already motivating to try to get answers to these questions and many more. And, just like that, the emails started pouring in from members of a committee she serves on which focuses on pro bono. The members of this committee and their networks are many of the leaders of local legal services organizations, law firms, law school clinics and non-profit entities that serve pro bono clients daily, handling issues related to housing, family law, veteran's assistance, immigration, special education issues, bankruptcy and numerous other areas of the law. All were concerned about the same thing, access to justice for the state's most vulnerable citizens, immediately and also during a prolonged time of crisis.
Certain types of matters have been quickly addressed by the courts and governmental entities, like a moratorium on evictions for a set period of time. However, each day, the landscape is changing significantly. While the longer-term and life-altering repercussions of the coronavirus pandemic are starting to become a little more clear, it remains difficult to fully appreciate the scope of all the legal needs of so many that need to be met. The needs will be great and will now include many small business owners whose income streams were cut off, literally overnight, and many others who previously did not require low or no cost legal services representation.
As we try to navigate the coming weeks and months ahead, give some thought to the skill sets we have as attorneys, and look to the local and state bar associations for guidance about pro bono needs around the state. Let's connect with non-profit and legal service providers in our communities to see if they have identified specific areas where these organizations are lacking in volunteers. We may be surprised to learn that some of the needs—like helping small businesses recover, for example—may fall squarely within one's area of expertise. With so much still unknown about how and when the courts at every level will resume full dockets of cases, let's look for small ways that we can help locally to ensure that access to justice continues for those who need it the most.
Lori E. Chapin is an associate at Tanenbaum Keale LLP in Newark. She is co-chair of the New Jersey State Bar Association's Standing Committee on Pro Bono.
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