Conn. Takes Steps Toward ‘Civil Gideon’ Momentum

GavelFor some time, Connecticut Bar Association President William Clendenen Jr. has focused on the “justice gap” facing low and moderate income residents facing serious legal issues. So it’s no surprise that the state’s bar association, via its regular publication, is endorsing an effort by Democratic state Sen. Martin Looney to create a “Civil Gideon” task force, an important step if the state is ever going to address the issue.

Looney, who is the Senate president, has introduced a bill that would create a wide-ranging group to “… recommend the best ways to address the legal needs of the increasing number of people compelled to represent themselves when facing serious civil legal problems,” explains a piece in the Connecticut Law Tribune.

The CLT backgrounds that: “… [aid groups] are able to accept only a fraction of requests for assistance from eligible applicants. Those with modest incomes who do not qualify for free legal services are finding it increasingly difficult to afford market-rate legal fees. As a consequence, thousands of individuals and families face eviction and foreclosure notices, child custody proceedings, domestic violence hearings and other legal challenges involving basic human rights and interests without the support of legal advocates. Last year, nearly a quarter of all civil cases in Connecticut had one or more self-represented litigants. In family cases, the number rose to 85 percent.”

Eight of ten in family court. Wow! Read more here:

‘Civil Gideon’ Task Force Would Be an Important First Step

Civil Gideon Gains Another Voice In Connecticut

Photo Credit: Connecticut Law Tribune report, 1/15/16

Photo Credit: Connecticut Law Tribune report, 1/15/16

Writing in the Connecticut Law Tribune, the president of the Connecticut Bar Foundation is adding his voice to the calls for a “civil Gideon” program for the poor. James T. Shearin first reviews the massive funding cuts to state and federal programs aimed at helping the disadvantaged then notes that “… there is also an important discussion underway about the viability of adopting Civil Gideon legislation, an effort to provide state-funded counsel to clients who meet the federal poverty level. Chief Justice Chase Rogers commented in her address to the CBA in June 2015. The civil Gideon movement, named after the case that guaranteed legal representation in criminal cases, is already being tested in San Francisco and other cities.

In that address, Justice Rogers said: “I believe strongly that it is time for Connecticut to accelerate serious and comprehensive discussions regarding representation for people who cannot afford certain types of cases. I say this in full recognition of the financial limitations that exist in contemplating ‘Civil Gideon,’ but also in the hope that a dialogue—with the bar as an active participant—will lead to further enhancement of access to justice.”

Shearin writes that “… urging consideration for Civil Gideon, she [Rogers] joins CBA President William Clendenen, who in 2014 wrote a two-part article titled “A Civil Right to Counsel—The Time Has Come for Connecticut to Provide Access to Justice for Connecticut’s Economically Disadvantaged.” Clendenen noted that the 2012 World Justice Project’s Rule of Law Index ranked the United States near the bottom of the list in providing access to justice in comparison to similarly developed countries. While probably years away from passage, Civil Gideon legislation is the best, long-term solution to addressing the critical need of ensuring that the rule of law is available to all.”

Read more: http://www.ctlawtribune.com/id=1202747261949/James-T-Shearin-State-Faces-Continued-Crisis-in-Legal-Aid-Funding#ixzz3xtZWh9zT