Miscellaneous

Civil Gideon: If Not Now, When?

By Anne Skove, Esq.

There is no "civil Gideon" -- representation for those involved in civil (as opposed to criminal) cases. The downturn in the economy and the constant (since the Age of Newt) downward spiral in legal services funding will have you giving thanks for the blessings you have.

The closest anyone has come recently is Maryland. Chief Judge Bell, a civil rights hero in his own right, had harsh words for the majority in Frase v. Barnhart, No. 691 (Md. Ct. App. Dec. 11, 2003). See Civil Gideon Sidestepped, Daniel Cox, Equal Justice Magazine (Winter 2004).

Greater (comparatively) strides are being made in the area of parent counsel. Having your children taken away from you is worse than foreclosure, worse than prison. While reforms to the system (e.g., Court Improvement Project) always included improvements to parent counsel, little was being done due to the fact that children, too, lacked counsel. The children came first; parents were put on the back burner. But this area is ripe for civil Gideon progress; many states are reaching that point.

Two items of interest, though (unfortunately) nothing new to those already involved in legal aid one way or another: Legal Assistance for Poor Takes a Hit, Anna Sale, Day to Day (November 21, 2008), and Foreclosures Overwhelm Legal Aid Programs, Ari Shapiro, All Things Considered (November 27, 2008).

The ABA presents Real People, Real Needs, Real Solutions: Access to Legal Representation in Civil Litigation. An all-star lineup features Marc Galanter, Michael Greco, Ted Eisenberg, and many more! December 4-5, Atlanta. Reporters may gain free access to the symposium. Contact Deborah Weixl at 312-988-6126 for information.

Full post as published by court-o-rama.org on November 30, 2008 (boomark / email).