December 2000

With Liberty and Justice for All

by Jan Michels
WSBA Executive Director
janm@wsba.org

Words from the Pledge of Allegiance: The basis of our republic, a description of our allegiance to a country committed to living under the rule of law. The alternative is the rule of fear and coercion.

The core value of how we choose to be governed is that we have agreed to submit to a set of rules which govern our common good; make our interactions with strangers safe and predictable; and describe how we will deal with persons, entities or interests that violate these common understandings. The ongoing day-to-day, interaction-by-interaction submission to the law means little without the trust or reliability that the law will be there to right wrongs, guide strangers' interactions with us, and protect our liberty by ensuring "liberty and justice for all."

On a daily basis, our legal service providers and pro bono volunteers experience examples of the system failing to guide and protect. Because of culture, economic conditions, language barriers, citizenship or education, many people living in Washington cannot trust the justice system to be there for them when they suffer harm from strangers, unfair treatment from government representatives, family abuse, custody infringement, threats of deportation, or unjust labor practices. This violates the foundation of our legal system.

In 1999, the WSBA Board of Governors adopted Strategic Goal No. 7: The WSBA will continue to provide leadership and support to programs and initiatives for the benefit of access to justice. Commitment to this goal was well underway due to the 1991 initiative to create the Access to Justice Board and support the many activities that the goal of equal justice under the law dictates. The goal is directed at keeping the phrase "liberty and justice for all" from becoming hollow, a goal that matters tremendously.

1. Make the Statement

Access to the justice system is a matter of right. In the resolutions that the WSBA and the Board for Judicial Administration (BJA) have passed unanimously, we declare that equal justice for all under law 1) is fundamental to American democracy; 2) is a core function of the judicial branch; and 3) is one of the most serious issues facing the justice system. These statements set the proper, high moral value from which flow a myriad of initiatives and programs. In the history of the practice of law (see Spitzer, Bar News, September 2000, p. 20), this moral value once was held at such a noble level that lawyers were not even allowed to benefit commercially from assuring justice. The practice of law today accommodates fee setting and the ability of practitioners to charge fees for their services, but the moral value remains paramount.

2. Operationalize our Moral Value

Having made our moral and constitutional statement, we next describe what having equal justice looks like. We see a criminal defense system that assures anyone accused of a crime assistance in protecting their rights under the law. We know what access to justice looks like on the criminal side. Why should access and assistance be any less available for civil injustice? Morally, how can we say we will defend people in a court of law and not help an abused spouse secure protection or an unfairly evicted tenant retain their housing? Access to civil remedy should be equally fundamental in our republic.

3. Pursue the Picture with All We've Got

From comparing the vision of "justice for all" to the reality of where we are today our action steps flow. At the October 28th Board of Governors meeting, the Access to Justice Board and the legal services community presented snapshots of the work that is being done to turn today's pictures into "justice for all."

• Fervent pursuit at the federal and state levels of adequate funding for legal services for those otherwise unable to secure justice.
• Encouragement and incentives for pro bono service.
• Availability of reduced-fee legal services for middle-income persons through the Greater Access and Assistance Program (GAAP).
• Facilitation and maximum use of assistance programs like domestic violence advocates, courthouse facilitators, electronic forms and Internet information.
• Promulgation of the definition of the practice of law and practice of law board rules to offer legitimate legal assistance to persons who would otherwise represent themselves.
• Statewide network of intake and referral services for those in need, including the corporate counsel videophone project and the Emeritus Program.
• Removal of the impediments of language, sophistication, physical barriers, economics or education.
• Public legal education to all residents about their rights and ways to protect them.

These activities are driven by a true zeal for equal access, and they are fueled by the stories of victims of injustice and by observations of what happens to persons, groups or communities who have lost trust in our justice system.

Lawyers in this country have long been the champions of justice, from the framing of the Constitution to civil rights to pro bono service. Being "of service" is a core value of the profession. Just because the need can sound like a cause, or the battle seems neverending, or we feel we're doing all we can, we can't become complacent or pass the baton to other groups or branches of government. 

Cherish the rule of law by supporting these many initiatives and programs and maintaining energy for protecting and assuring liberty for all.

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