'Civil Gideon' Trumpets Legal Discord

[question everything]

OCTOBER 27, 2009

'Civil Gideon' Trumpets Legal Discord

By TAMARA AUDI

A new California law that gives poor residents the right to an attorney in civil matters such as child custody and foreclosure is being hailed as a model that could transform the nation's legal landscape. But critics argue that the law will result in a wave of case backlogs and could further burden court budgets. The law, signed this month by Gov. Arnold Schwarzenegger, assures the poor legal counsel in an array of civil cases. Advocates for the change say poor people often wind up in court facing life-changing consequences -- such as eviction -- but go through the process without adequate legal advice. That can lead to mistakes and delays.

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The movement to mandate legal representation for the poor in civil cases, known as "civil Gideon" -- named after the Supreme Court case more than 40 years ago that required government-provided lawyers for criminal defendants -- has been gaining support in recent years. In 2006, the American Bar Association issued a statement backing civil Gideon. But finding the money for it, even when the economy was booming, has been difficult.

California's law will be funded by a pre-approved $10 increase in some court fees. For now, those fees -- expected to generate about $11 million annually -- will go into the cash-strapped court system's general operating budget. California's budget crisis has forced its courts to close every third Wednesday of the month. Starting in 2011, the fee will be funneled toward the new law, which calls for legal-aid groups to propose methods of delivering services to the indigent. Those living at 200% above the federal poverty guidelines or less will be eligible for free legal services. For a family of four, that means an annual income of $44,100.

Most states mandate lawyers for the poor in civil cases that could result in them being committed to a mental institution. A few states provide lawyers in some types of child-custody cases. A city-council resolution pending in New York City would provide free legal representation to the elderly in eviction cases. But California is the first state to enact such a sweeping mandate.

(snip)

Most legal-aid groups get funding from a patchwork of federal and state programs. California's Judicial Council, the policy-making body of the state's courts, says around 4 million people represent themselves in California civil matters. Many who need the help "have a valid defense, they just have no idea how to present it," said Debra Gardner, coordinator for the National Coalition for a Civil Right to Counsel.

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http://online.wsj.com/article/SB125659997034609181.html (subscription)

Printed in The Wall Street Journal, page A3

[paulsby]

1. lol

i like how the ABA supports it. regardless of whether or not it's good policy (and i'm frankly not convinced either way), of CoURSE the ABA would be for it. if passed, it would mean more work for lawyers. duh

it's actually an interesting question, though. i remember reading Gideon's Trumpet as a child, and the book greatly affected me

[happyslug]

2. Has WSJ Editors gone mad "Those living at 200% above ,,,or less"????

Full sentence "Those living at 200% above the federal poverty guidelines or less will be eligible for free legal services."

What does that mean? If you are at 150% of the poverty level you NOT eligible? Then what does the phase "or less" mean? Horrible job of writing and editing.

I suspect the Sentence should have been written "Those living at or below 200% of the federal poverty Guidelines will be eligible for free legal services". That sentence would make sense but "200% above..or less" makes no sense.