State Bar of Wisconsin

Committee Charge - Wisconsin Access to Justice Study Committee

The State Bar of Wisconsin recognizes that the establishment of Justice is a fundamental ingredient in an egalitarian, free and democratic society. Echoes of the ideal of establishing Justice can be found throughout the United States and Wisconsin Constitutions, our court decisions, laws and the rules that govern our profession. The frieze over the main entrance to the United States Supreme Court reflects this national aspiration of providing "Equal Justice Under Law."

There is broad agreement in Wisconsin's legal community and among Wisconsin citizens that the reality and the perception of equal access to the civil justice system is jeopardized by the apparent increase in the number of Wisconsin residents who need and desire, but are unable to afford or access, an attorney to advise them regarding their legal rights. Our courts and members have noted the substantial rise in the percentage of unrepresented and unprepared participants at various points of entry into the justice system, many of whom are unrepresented out of necessity, not by choice. This development does have consequences. Access to a lawyer is increasingly necessary for any meaningful access to justice. As our Supreme Court recently warned, "The very integrity of our justice system is compromised when legal representation for critical needs is available only to those with financial means."

There appear to be many factors affecting the apparent rise in the numbers of unrepresented and unprepared low income persons in the legal system. These include: the steady decline in federal, state and other sources of support for organizations that specialize in providing such assistance; increases in the number and complexity of laws governing major life events in our society; structural changes in the economy that have added large numbers of chronically unemployed, underemployed and "working poor" residents to the ranks of those unable to pay a lawyer to help them; increased specialization in the legal profession; the uneven geographic distribution of lawyers in Wisconsin; the rising cost of hiring a lawyer; and increased demands from all quarters on the finite time and resources that lawyers have available. These challenges are great but they are not insurmountable.

A goal as lofty as "equal justice under law" deserves periodic assessment to gauge whether we are moving closer to our ideal and to reengage all those with responsibility for finding a solution to this pressing societal issue.

Therefore, the purpose of the Wisconsin Access to Justice Study Committee is to oversee the development of a rigorous assessment and analysis of the civil legal needs of low income Wisconsin residents and to evaluate and make recommendations for long-term solutions where improvement is necessary. Any study should identify those persons or communities with unmet legal needs, the nature of the legal needs, how those needs are distributed throughout the state, the reasons why the needs are not being met, ways the needs could be met and the major social impact on our communities of allowing these legal needs to go unaddressed. The Committee will collaborate with people and organizations that can assist it in this task, including: legal services providers, the courts, bar associations, legislative bodies, Wisconsin's law schools, legal services funding organizations, and other relevant agencies both public and private. The Committee will complete its work and provide its final report with recommendations for action to the President of the State Bar of Wisconsin by December 31, 2006. However, the Committee will also present interim information or reports on its progress to the Board of Governors as requested by the President.

This will be a working committee of the Bar, responsible for setting the overall direction and parameters of the study, for drafting the final report and recommendations to the Bar based on the research it commissions, for managing its activities within the budget set by the Finance Committee, for overseeing the work of those contracted to conduct any survey work and for meeting the deadlines for providing its work product to the President. Within 60 days of its appointment, the Committee will provide the President with a written statement of the scope of its proposed work. The Bar anticipates hiring a part-time professional staff person to support the Committee's needs and that person will report to the Bar's Pro Bono Coordinator, Jeff Brown, who will also devote approximately 25% of his time to supporting the Committee.

Access to Justice Study Committee