• 26
  • May
    2010

Late last month, former justices from the Colorado Supreme Court and the Colorado Court of Appeals came together to discuss the topic of providing legal representation to indigent litigants in civil cases. Historically, the poor have not enjoyed great legal support in civil cases involving such important issues as child custody, domestic abuse or housing.

The state-sponsored extension of legal services to the poor is typically referred to in legal circles as "civil Gideon." The name comes from the landmark 1963 Supreme Court of the United States decision, Gideon v. Wainwright, in which indigent defendants were guaranteed access to a criminal defense attorney.

To date, California is the only state to officially pass civil Gideon legislation. Pilot programs are scheduled to start in July 2011 at a cost of roughly $11 million, $10 million of which will be funded by increased court fees.

The programs will address the needs of civil litigants in a variety of areas, including:

• Probate/Conservatorship
• Guardianship
• Civil Domestic Violence
• Child Custody
• Elder Abuse

California's civil Gideon legislation will undoubtedly be watched very closely by legal experts and, if successful, serve as a template for legislation in other states, including Colorado.

According to Jonathan Asher, executive director of Colorado Legal Services, an organization dedicated to helping low-income Coloradans secure legal support, the need for civil Gideon-type legislation in Colorado is both acute and necessary.

"Access to justice is not just the responsibility of lawyers. It is a public responsibility. To make it fully available, just as making medical care fully available, takes both a public commitment and significant resources," he said.

Opponents of the legislation cite higher taxes, the potential for an increase in meritless lawsuits and potential waste of government funds.

"Access to justice is a very nice concept, but it comes with costs as well as benefits. It's very far from clear that the benefits outweigh the costs," said Ted Frank, president of the Center for Class Action Fairness in Washington D.C.

Stay tuned for further developments ...

 

Related Resources:
  
• Former Colorado Judges to Debate Providing Legal Counsel to Poor Litigants in Civil Cases (The Denver Post)