A MESSAGE FROM THE CHAIR

As we move forward into the New Year, the California Access to Justice Commission is continuing its work to ensure that the California courts remain a beacon of equal justice for those we serve, in this most populous state in the nation.  In this newsletter, we have a number of significant updates to report.  First, we are pleased to announce that one of our founding members, the Hon. James R. Lambden (Ret.), has been awarded the 2013 Benjamin Aranda III Access to Justice Award.  Justice Lambden's lifelong work in advancing our nation's ideal of equal justice to all citizens is worthy of the highest commendation.  We are also pleased to report on increased budgets for interpreters in civil cases, as well as the recent promulgation of the Commission's Access to Justice Standards.  Finally, we urge all California lawyers to become part of the Campaign for Justice, and to contribute to the Justice Gap Fund, so that those who cannot afford legal assistance get the help they need.

While we are proud of what we, as a Commission, have achieved, we have no doubt that there is more to be done.  As Chair of the Commission, I assure you that the Commission is continuing to work diligently to ensure equal access to justice for all.

Ronald B. Robie, Court of Appeal, Third Appellate District

Back in 2005, the California Commission on Access to Justice issued a report entitled "Language Barriers to Justice in California."  The report addressed the "unfortunate reality" that "courts are caught in an impossible position" because "limited court resources and the lack of qualified interpreters make it functionally impossible to provide interpreters in the vast majority of civil proceedings."

Fortunately, strides have been made since 2005, and are continuing to be made today.  On January 23, the California Judicial Council voted to increase access to free interpreter services for indigent people in civil cases.  The Council voted to spend a $13 million surplus from previous years for interpreters in family law, probate and harassment cases, among others.  At the Judicial Council meeting, Superior Court Judge Steve Austin, who is also a Commissioner on the Access to Justice Commission, stated that "people come in [to court], and they don't speak the language, and you don't know what their needs are.  Many are victims of domestic violence.  Many are losing their houses."  

While California provides free interpreters in criminal cases, there is no constitutional requirement for the state to provide payment for interpreters in civil cases.  However, the issue has become controversial in the wake of a Department of Justice determination that federal law requires California to provide interpreters free of charge in all cases, including civil cases.

When even one litigant is unfairly denied access to the courthouse, we all lose.  The Judicial Council's recent action is a step in the right direction for assuring that all Californians have equal access to our court system.   

Access Standards

The California Commission on Access to Justice has issued a policy statement calling for "Minimum Standards for Access to Justice."  With this statement, the Commission has sought to publicize the procedures and rules designed to assure that courts will continue to meet their constitutional mandate of due process, including the requirement that no identifiable segment of the population will be discriminated against or disadvantaged in using the public court system.  To meet these goals, and to ensure the most efficient use of available resources to provide equal access to justice, the Commission has defined the following principles of access to justice:

• All litigants shall receive due process of law.
• Courts shall be accessible to all court users.
• An official record shall be made to preserve court proceedings and to preserve the right to a meaningful appeal.
• Access to the courts shall be affordable.
• Jurisdictions shall have adequate numbers of judicial officers, staff, and other non-judicial resources to meet caseloads.
• Courts shall provide services to meet community needs.
• The identified components of these access standards shall be tracked on a regular basis.

These standards complement our Chief Justice's "Access 3D Initiative," which focuses on improving physical access, remote access, and equal access to justice for all Californians.  The standards promulgated by the Access Commission, and promoted by our Chief Justice's Access 3D initiative, provide the necessary underpinnings to a justice system that aspires to provide equal access for all.

Incubator Project

The Access Commission's Incubator Project has received grant monies from the Ford Foundation, the Public Welfare Foundation and the California Bar Foundation to fund the expansion of incubator programs in California.  Incubator programs are intended to help new lawyers establish law practices, and ours will also focus on closing the justice gap for modest means and low income clients.  The grants will fund three regional meetings to share information about incubator programs, as well as several small seed grants to start up or strengthen incubator programs.

Regional meeting invitees will include legal services offices, law schools, local bar associations, Barristers' Associations, minority and specialty bar associations, Lawyer Referral Services, and any other interested stakeholders. The first regional meeting will be Thursday, April 24th at the San Francisco State Bar office.

Justice James R. Lambden Receives the 2013 Benjamin Aranda III Access to Justice Award

The Aranda Award, named in honor of the late Judge Benjamin Aranda III, was first presented in 1999 to honor a judge who has demonstrated a long-term commitment to improving access to our courts and who has significantly improved access for low-and moderate-income Californians.

Justice James R. Lambden

In December 2013, this honor was bestowed on Justice R. Lambden, Associate Justice (ret.) with the California First District Court of Appeal.  As a founding member of the Commission on Access to Justice, Justice Lambden has worked since 1997 on countless access to justice initiatives, including being a supporter of language access in the courts and assisting in the development of a set of Access Standards for the local courts.  In 1999, he was instrumental in establishing the Equal Access Fund, which has since raised over $170 million for legal services programs throughout the State.

Justice Lambden's tireless work and many contributions to improve all Californians' access to justice make him the well-deserved recipient of the 2013 Aranda Award.

For more information on California's Access to Justice Commission, please click here:  California Commission on Access to Justice 

Choose Justice:
Let's Build on the 2013 Effort in 2014!

The Campaign for Justice worked through last year to expand awareness of what legal services can do to help those in need, whether the problem was family unity, personal safety, wage justice, community revitalization, or access to health care or education.  We know how badly these services will continue to be needed by millions of indigent Californians.  The good news is that in 2013 more attorneys than ever took action to keep those services available: over 11,000 lawyers made voluntary donations, raising over $925,000 for non-profit legal assistance organizations that are the "last line of defense" for individuals and families with nowhere else to turn.

Lawyers are hardly the only ones who have a stake in this -- all Californians need a justice system that works properly for everyone who seeks its help.  The Campaign is now actively reaching out to all concerned Californians, including people in faith-based communities, in law schools and colleges, in the business community, in the public and service sectors, and the population at large.  Through the use of social media, traditional media, and in-person contacts and training, the volunteers who run the Campaign for Justice and raise donations for the Justice Gap Fund are trying new ways to move an old message: legal services save lives, but it's up to us to save legal services.  Let us know how we're doing, and be part of the team! 

Please contact our website The Campaign for Justice for more information.