retired Chief Justice William Barker.
(Barker is a 1959 CHS graduate)
December 6, 2008
"Equal justice under the law, if it means anything, it meant that we, as lawyers, ought to step up to the plate. Even if you're a corporate lawyer and have never set foot in a courtroom, we can find something for you to do."---retired Chief Justice Barker
Chief justice says too many forced to tackle legal troubles on their own by Jennifer Brooks, The Tennessean
The Tennessee Supreme Court is calling on every attorney in the state to step up and help out in the face of a mounting crisis in the legal aid system.
More and more low-income Tennesseans are running into deep legal troubles — unemployment, bankruptcy, eviction, foreclosure, unpaid bills and predatory lending practices. And most of them are forced to navigate the courts alone and undefended because they cannot afford an attorney.
The worse the economy gets, the worse their legal problems become."It is no exaggeration to say that low-income Tennesseans have little hope of legal assistance when they encounter civil legal problems. Only one in five income-eligible people will receive the legal help they need," said state Supreme Court Chief Justice Janice Holder, sounding the alarm at a Friday news conference.
The Supreme Court has jurisdiction over the practice of law in this state, and this new initiative comes at the urging of the Tennessee Bar Association, Legal Services and a raft of other legal groups to call for more access to civil legal aid for those Tennesseans who need it most.
"Equal justice under the law, if it means anything, it meant that we, as lawyers, ought to step up to the plate," said retired Chief Justice William Barker. "Even if you're a corporate lawyer and have never set foot in a courtroom, we can find something for you to do."
As an American, you have a right to a court-appointed attorney if you cannot afford one — but only in criminal cases.There is no such right in civil cases, although legal aid groups do work to provide counsel to some of those who need it.
More than 1 million Tennesseans live in poverty who are eligible for civil legal aid, but there are just 75 legal aid attorneys in the entire state, one for every 13,000 people. Private nonprofits, student volunteers from local law schools and attorneys who volunteer pro bono attempt to fill in the gaps, but can barely put a dent in the caseload.
With the state facing a budget deficit of as much as $800 million, it's unlikely the government can step in to solve the problem.
Instead, the access-to-justice coalition will spend the next several months soliciting suggestions from the legal community and the public.
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