Some states are also looking for creative solutions to increase IOLTA`s revenue. In Indiana, lawmakers approved a $1 civil filing fee, which will generate $450,000 for legal aid. The Indiana and Pennsylvania Supreme Courts have ordered that a portion of all unclaimed class action funds be transferred to IOLTAs.59 However, these measures only serve to mitigate the impact of low interest rates on IOLTA programs.60 It is also important that state legislators take steps to directly fund legal aid. For example, in 2004, the Massachusetts Supreme Court considered a lawsuit finding that chronic underfunding of the assigned legal system had resulted in insufficient lawyers to represent impoverished defendants. Since it is clearly within the jurisdiction of the courts, the Massachusetts Supreme Court has protected the right to counsel for impoverished defendants and has provided a remedy in case of refusal. The Massachusetts court did not order the state to allocate more funds to the right to a Sixth Amendment lawyer. Instead, the court ordered the state to provide reasons why an accused who has been arrested should not be released if no lawyer has been appointed within seven days of arrest, and also why no criminal charges should be filed against a destitute defendant who has not received a lawyer within 45 days. One way to remedy this imbalance is for the victim to consult a civil lawyer. Our law may refer you or your loved ones to the law firm Injury Justice for your civil law representation needs in the areas of sexual abuse, domestic violence and injury. The right to be represented by counsel in criminal proceedings is one of the fundamental rights guaranteed by the United States Constitution. The government does not always make much effort to fulfill its duty to provide counsel to accused persons who cannot afford a lawyer.
In general, however, the accused always has the right to a lawyer of his or her own choosing. Violations of these rights may constitute grounds for appeal or force a conviction to be quashed. In more than three-quarters of all civil cases in the United States, at least one litigant does not have a lawyer.4 The numbers are even higher for family law, domestic violence, housing, and small claims – those involving disputes of up to $25,000. according to the State. At least one party is unrepresented in 70 to 98 per cent of these cases.5 Throughout the country, defendants are represented by undertrained, unsupported or overburdened defence lawyers. Other structural problems include the failure of the courts to provide the legal assistance required by the Constitution or state law; prosecutors who urge defendants to waive the right to counsel or plead guilty; and judges who authorize or even request a defective waiver of the right to legal aid.68 Some judges and elected officials even exert undue influence over defence lawyers. Overall, the criminal justice system suffers from a lack of oversight and accountability.69 Who is still entitled to a free lawyer? In non-criminal or “civil” cases, you are not entitled to a free lawyer. But there are many legal and pro bono aid programs that provide free legal aid to the poor in civil matters. These programs typically help people whose income is less than 125 percent of the federal poverty line, although in some cases they help people with slightly higher incomes.
(See the table below for current income guidelines.) In addition, the elderly, the disabled, victims of domestic violence, military service or other special circumstances may be entitled to assistance, even if their income is slightly higher. Because these community-based programs often operate on very small budgets and do not have sufficient resources to serve all those eligible, they only handle certain types of cases and have to turn away many people who seek help. The equity gap – that is, the gap between legal needs and available services – has the greatest impact on the most vulnerable populations in the United States: those most vulnerable to the measures announced by the new administration.12 On the civilian side, people of color,13 women,14 immigrants,15 the elderly,16 people with disabilities, 17 and lesbian, gay, bisexual and transgender or LGBT18 people are more likely to live in poverty and need legal assistance. For example, seeking protection under the Americans with Disabilities Act often requires at least legal advice and at most litigation. In New York State, every dollar spent on civil legal aid creates $10 in benefits for aid recipients, their communities, and the state combined.20 Similarly, North Carolina aid providers have found that every dollar spent by the state on legal aid yields $10 in economic benefits.21 Montana22 and Pennsylvania23 each achieved a return on investment of $11 per dollar of legal aid. Access to justice is now more important than ever. In the United States, Americans need the help of a lawyer for everything from avoiding wrongful deportation to preventing a false conviction. Yet effective legal aid remains out of reach for the majority of Americans.
The gap between legal needs and available services exacerbates the inequalities and systemic disadvantages that will increase over the next four years. This series explores the state of access to justice in the United States and how public and private actors can join forces to make justice equal for all Americans. Congress must increase funding for the Legal Services Corporation, expand eligibility, and lift restrictions on aid. Parliament should begin by repealing the so-called super restriction, which restricts the use of non-corporate funds by recipients of Legal Services Corporation grants. State legislatures must also increase funding for legal aid and, like Indiana, find ways to jump-start and support IOLTA programs.