By Eric C. Nordby
As officers of the Court and members of the NDNY-FCBA, we have a solemn duty to uphold the principles of equal justice under law. One of the greatest challenges we face is ensuring that all individuals, regardless of their economic circumstances, have meaningful access to legal representation in our federal court system.
As the Sixth Amendment to the U.S. Constitution has been interpreted, the right to counsel in criminal cases is fundamental. However, there is no such guarantee in civil cases, which account for a substantial portion of the federal docket. As Attorney General Robert F. Kennedy remarked in 1963, “equality of justice in our courts should never depend upon the defendant’s wealth or lack of resources, but in all honesty we must admit that we have failed frequently to avoid such a result.” Without the means to retain counsel, many of our most vulnerable citizens are effectively denied their day in court when seeking to enforce their rights or resolve disputes involving issues like employment, housing, consumer protections, or government benefits.
The numbers paint a stark picture. According to the Legal Services Corporation, “low-income Americans do not get any or enough legal help for 92% of their substantial civil legal problems.” Yet due to a chronic underfunding of legal aid services, only a small fraction in need actually receive any legal assistance whatsoever. The World Justice Project currently ranks the United States 116th out of 142 countries in providing affordable access to civil justice (which represents a drop from 108th in 2020).
The consequences reverberate throughout our society. When individuals cannot resolve routine legal matters efficiently and equitably, it perpetuates intergenerational cycles of poverty, exacerbates existing inequalities, and erodes public trust in our judicial system. Justice should not be a privilege reserved only for the wealthy and well-connected. Equal access must be a fundamental right for all Americans.
To be sure, there are no easy solutions. Providing comprehensive legal aid and pro bono services is a resource-intensive undertaking. However, the economic costs of the status quo – including increased homelessness, preventable job losses, higher health care expenditures, and unnecessary incarceration – far exceed the investments needed to bridge this justice gap. Studies have found that every dollar spent on civil legal aid yields a significant multiplier effect in savings and longer-term economic benefits.
As an association, we must rededicate ourselves to proactively addressing the daunting challenges of ensuring access to justice:
First, we should vigorously advocate for greater public funding at all levels of government to support the chronically overextended legal aid programs that serve our low-income communities. Federal funding through the Legal Services Corporation should be increased, not cut. States should likewise treat civil legal assistance as an urgent budgetary priority.
Second, we must work with law schools, corporate legal departments, and private firms to build a sustainable pipeline of talented attorneys committed to pursuing public interest law and pro bono work in the service of equal justice. From curricula to career incentives, we need to instill this professional obligation from day one.
Third, we should leverage technology and pursue innovative models to reduce the costs and increase the efficiencies of legal representation. This could include broader adoption of unbundled legal services, online dispute resolution platforms, machine learning/AI assistance tools, and pro se clinics providing guidance for self-represented litigants.
Finally, we must continue to strive to make the federal court system itself more accessible and user-friendly to those compelled to navigate it without counsel. This means simpler procedures, comprehensible forms, clearer guidelines, and multilingual resources, all designed with the layperson in mind.
The U.S. District Court for the Northern District of New York, and NDNY-FCBA, provide a number of services that promote these ideals including the Court’s pro se civil assistance program, the FCBA’s pro se hotline, and FCBA-sponsored trial training of young attorneys who go on to represent pro se litigants.
Achieving true access to justice for all will not be easy, but we cannot afford to relent in this noble pursuit. It goes to the very heart of what we stand for as a profession and a nation founded on the sacred principles of due process and equal protection under the law. I call on every member of our association to embrace this cause and work tirelessly to make the promise of equal justice a reality in our federal courts.
Thank you for your dedicated service.