Page 10 - Delaware Lawyer - Summer 2019
P. 10

 FEATURE
Rick Alexander
No Justice
Representation of the poor in Delaware’s civil justice system
Injustice anywhere is a threat to justice everywhere.
— Dr. Martin Luther King
Over the last several years, with the backing of the Supreme Court, Delaware has taken a hard look at the adequacy of the services provided to citizens who are unable to afford legal representation in our system of civil justice. These efforts have led to some important improvements, but there is still an untenable gap between the need for help and the resources available. We must do better.
8 DELAWARE LAWYER SUMMER 2019
On December 15, 2014, the Delaware Supreme Court entered an order forming the Delaware Access to Jus-
tice (ATJ) Commission.1 The purpose of the Commission was to investigate the needs of Delaware citizens who could not afford legal representation and to ensure they had adequate access to the legal sys- tem. While the issue of inadequate rep- resentation for criminal defendants has been the focus of constitutional jurispru- dence, with the U.S. Supreme Court es- tablishing a right to counsel in the famed Gideon v. Wainwright,2 a parallel right to civil justice does not exist.
One subcommittee of the ATJ was charged with addressing the efficient
delivery and adequate funding of legal services. After two years of work, the subcommittee issued a report, which de- termined that there was a very significant gap between the need for services and what was actually provided.3 By one rela- tively conservative measure, Delaware was only able to provide one-eighth of the ser- vices needed by the 140,000 Delawareans eligible to receive civil legal assistance. The Justice Gap
Individuals who cannot afford legal services or obtain legal aid must represent themselves in matters such as eviction cases, protection from abuse hearings, petitions for government aid and other life-altering situations. This puts them
 Without Access
 




















































































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