State Bar of Wisconsin

Supreme Court directs its staff to study “Wisconsin Access to Justice Commission” concept advanced by the State Bar

The State Bar of Wisconsin’s petition calling for the creation of a new Wisconsin Access to Justice Commission will be the subject of further deliberations by the state Supreme Court, following a Wednesday, Dec. 17 open conference and hearing on Rules Petition 08-17. The Court voted 6-0 to direct its staff to develop a proposed order forming a not for profit corporation to serve as the Wisconsin Access to Justice Commission with the purpose of improving access to justice.

“I’m very encouraged that the court recognizes the urgency and scale of the access to justice challenge and has indicated its interest in dealing with this critical problem in this way,” State Bar president Diane Diel said after the hearing. “We look forward to working with court staff in the months ahead to continue to move this issue forward so that Wisconsin can join the more than twenty other states that have already adopted access to justice commissions.”

Focus on the Expanding Needs of Low-Income Residents

The petition was filed by the Bar in July 2008 to bring greater focus on the expanding needs of low income Wisconsin residents facing serious civil legal problems without necessary legal assistance. The proposal was modeled on the successful efforts already in place in over 20 states. It was a key recommendation from the Bar’s access to justice study and report, “Bridging the Justice Gap: Wisconsin’s Unmet Legal Needs.” That report extensively documented the unmet legal needs of low income Wisconsin residents and offered proposals for change.  Some key findings include:

• Every year in Wisconsin more than 500,000 people confront an average of two serious civil legal problems.
• The need was highest among the poorest families; almost half (48%) of those in the lowest income group encounter an average of two serious civil legal problems every year. 
• 64% of poor households with children and 63% of households with someone who is disabled encounter a legal need.
• 32% of rural households encounter a civil legal need.
• Nearly 66% of those who proceed without legal representation in court or at an administrative hearing face opposing parties who are represented.

The Board of Governors voted on May 8, 2007 to accept the Access to Justice Study Committee’s report and adopt all of its recommendations, including the proposal that the stakeholders in the justice system should collaborate to form a Wisconsin Access to Justice Commission. 

Some Recommendations Implemented

Since adopting the Bridging the Justice Gap report, the Bar has implemented other recommendations made by the committee. On July 1, 2008, the Bar launched a statewide modest means referral project for working poor families. The Bar has also expanded the resources available for pro bono support in Wisconsin through grants and collaborations to establish new pro bono projects, such as the Military Pro Bono Program.

Wisconsin attorneys have responded to these needs in a variety of other ways, including pro bono or reduced-fee services and the $50 annual assessment they pay to the Public Interest Legal Services Fund which provides almost $800,000 per year in stable funding for legal services to the poor. The courts have also addressed these needs by launching self-help centers, expanding the range of assistance court clerks can render, simplifying court forms and making them available on-line. Many Wisconsin lawyers working in legal aid offices around the state have also made a commitment to ensuring equal justice under law for all.

Recognizing that even these serious efforts still fall short of the need and that a more formal and collaborative response is required to make further progress, the Bar has proposed the Commission as a way to focus attention on the issue and advocate for a system of civil legal services delivery to the poor that is more efficient, better funded and accessible to all.

Watch a webcast of the Dec. 17 hearing recorded by WisconsinEye.