Limiting access to justice courts bigger problems

I would like to expand on a point made by Brett Baber in OpEd, “Recognizing the rule of American law,” (BDN, April 30) regarding access to justice for all citizens.

In 1958, President Dwight D. Eisenhower inaugurated Law Day. It was created as a day to celebrate and explore the role of law in our government and our lives. Often, we lose sight of the benefits the law affords us. It is easy to complain about the way our legal system doesn’t work or how it fails us – but being a part of that system, I know it works best when consumers have the information they need to understand the processes and the laws that affect their cases.

Many of us must turn to the courts for help at various times in our lives. Sometimes the courts help us create relationships, as in an adoption; sometimes to sever a relationship, as in a divorce; sometimes to define a relationship, as in a landlord-tenant dispute. At other times the courts afford protections to consumers, partners, children, neighbors, medical patients or students. More and more Mainers must navigate this process alone, and without help on how to sail those waters, both the litigants and the courts suffer.

With this in mind, over the past two years a large and diverse group of volunteers has come together to examine ways to strengthen and expand the foundation of the rule of law here in Maine. The result of this examination was the landmark report “Justice for All: Statewide Access to Justice Planning Initiative – A Report of the Justice Action Group.”

Maine has a strong history of finding ways to ensure that all citizens have access to justice. This report re-examined how to continue and increase that commitment in our changing world. The volunteers who participated in this process concluded that there are many issues that limit opportunities and result in continuing inequities. Among these are issues are the underfunding of Maine’s civil legal aid providers, understaffing of the judicial branch, and the increasing numbers of people who need the legal system to resolve disputes, but who cannot afford legal assistance.

The question then became: What can be done to allow consumers the access to legal information they need?

The report focuses on a 10-year implementation of the suggestions of the volunteers aimed at improving access to justice in Maine. This includes bringing more resources into the system, enhancing the use of volunteer lawyers and coordinating programs for efficiency and effectiveness. Resources must be found to ensure access to counsel in situations where basic human needs are at stake.

All of us will benefit from a strong focus on moving implementation of these proposals forward. It is a fitting time, both on the 50th anniversary of Law Day and at a time of increased need, to look to what needs to be done. It is no small effort, but the rewards will strengthen our system of law and fulfill its purpose of opportunity and equity. While our world is much different than it was in 1958, many of the same goals and challenges need our attention.

Jane Clayton is an attorney with Vafiades, Brountas & Kominsky LLP in Bangor with a focus on family law. She is a board member of Pine Tree Legal Assistance and the Maine Association of Mediators as well as a member of the Justice Action Group.