Washington State Bar Association
Board of Governors Resolution

Reaffirming a Civil Equal Justice Crisis and Calling upon the Judicial Branch to Assume a Leadership Role in its Resolution

Whereas, equal justice for all under law is fundamental to American democracy and our system of government; and

Whereas, this promise of equal justice under law rings hollow for tens of thousands of vulnerable low-income individuals and families in Washington state who have no meaningful access to the civil justice system; and

Whereas, this de facto denial of equal justice has a devastating impact on these individuals, families and society as a whole, and works to erode public trust and confidence in our system of justice; and

Whereas, both the United States and Washington State Constitutions require that the judicial branch has the primary obligation to "establish justice" and ensure that "justice in all cases" is available without delay; and

Whereas, ensuring equal access to justice is a core function of the judicial branch and the Washington State Bar Association; and

Whereas, the Supreme Court and the entire judiciary shoulder primary leadership responsibility to ensure equal access to the justice system, including access by those who face barriers and obstacles they are unable to surmount on their own; and

Whereas, the Board of Governors of the Washington State Bar Association has declared lack of meaningful access to the justice system for vulnerable low-income people as one of the most serious issues facing the justice system, and has declared the existence of a "chronic problem that has reached a crisis level" in availability of civil equal justice services; and

Whereas, the Board of Governors of the Washington State Bar Association has recognized the need to institutionalize bar support and leadership in civil equal justice in Washington state, and continues to dedicate substantial resources to efforts to help expand access to the civil justice civil system; and

Whereas, Washington state’s civil equal justice system continues to operate at levels far below that necessary to meet the civil justice needs of poor and vulnerable individuals and families, and continues to be in need of a substantial and immediate increase in underwriting public support; and

Whereas, the Board of Governors of the Washington State Bar Association continues to be committed to working with its membership, the Supreme Court and the state judiciary, the Governor, the Legislature and the public at large to secure an adequate level of funding for civil equal justice efforts in our state;

That the Washington State Bar Association Board of Governors:

1. Reaffirms its determination that there exists a crisis in the availability of civil equal justice services for vulnerable low-income people in Washington state, and the WSBA’s commitment to exercise leadership to expand public and private funding to levels commensurate with the need; and

2. Calls upon the Governor, the Legislature, Congress and local officials to substantially increase state, federal and local support for civil legal assistance;

Recognizing that ensuring equal justice is a core function of the judicial branch and that judicial leadership and commitment are essential to ensuring equal access to the justice system and to the achievement of equal justice for all, the Washington State Bar Association Board of Governors encourages the Supreme Court, the Board for Judicial Administration and the entire judiciary to establish partnerships with the WSBA, the civil equal justice community, local bar organizations and other justice system partners to

1. Develop viable and effective plans, both short and long term, to establish or increase funding and support for civil legal services for poor and vulnerable people; and

2. Expand the types of assistance available for unrepresented consumers of the justice system; and

3. Remove impediments to access to the justice system, including physical and language barriers, rules and procedures, disparate treatment and other differences that may serve as barriers.