November 2008

Providing service and a call to action themes at Awards Dinner

The following is excerpted from the Honorable Richard A. Jones’s Awards Dinner keynote speech.

The reason for our special connection is because I too served as a volunteer lawyer for many years and I’ve seen the need increase steadfastly for the past 14 years as a judge. Let me put things in context how and why I became a volunteer attorney. I grew up in Seattle’s Central District. At the time it was considered one of Seattle’s poorer neighborhoods. In 1973 I had completed one year of law school. My legal skills, knowledge of the law, and legal experience were limited and to a large extent non-existent. I suspect some lawyers on the losing end in my courtroom probably think this description of my knowledge of the law hasn’t changed much since then.

But to the people in my neighborhood, I served as the pillar of hope whenever a legal issue arose regardless of its nature or complexity. My neighborhood was predominantly blue collar with high unemployment and limited education. Once I started law school, it didn’t take long for word to spread that I was able to answer any and all legal questions for free. Most of this was due to my mother, who frequently volunteered my legal skills and who had the entire Central District convinced that her son could go toe to toe with Perry Mason on any legal issue.

In reality, however, having the ability to just read the language of “legal papers” or “legal notices” or “letters from creditors” and provide a reasonable interpretation of what they meant was like manna from heaven. I wish I could say that the requests to share some of my legal knowledge were isolated or infrequent, but they were not. The demand was high. People were desperate. Any free legal assistance, regardless of the outcome, made each person I helped feel a bit closer to getting a least a taste of what justice and fairness was all about.

Picking up the telephone and calling a real lawyer had no meaning. The people in my neighborhood were struggling just to pay rent, put food on the table, and keep their families clothed.

. . .

So let’s fast forward to 2008. Fast forward to Randolph Carter Center at 23rd and Yesler located just a few blocks from my childhood home. Volunteer students from Seattle University and lawyers work long hours there on housing and consumer issues through the Legal Action Center. The problems range from writing simple letters to landlords, to complex housing challenges. While 35 years have passed since I was in law school trying to help the people in my community address their legal challenges, the problems the volunteers face today are the same, only with higher numbers and greater complexity. The bottom line — poor people seeking legal assistance with few if any alternatives.

. . .

Trust me, a few hours of your time can make a profound difference. If you don’t believe me, go ask the Hispanic and South American couple that spoke no English who lived in a home where the husband suffered severe asthma caused by mold. In this case, the landlord knew about the condition but chose not to respond. The total attorney time involved: a demand letter and a couple of telephone calls. With this small investment of time, the problem was corrected within days and the tenants were relocated. Those couple of hours made all the difference in the life and health of that couple.

Or how about the young Russian woman who suffered persecution in the Russian Far East on account of her Jewish race and nationality. She was seeking asylum in the United States. Asylum is one of the most difficult forms of immigration relief to receive, and thousands of applications are rejected every year. After six months of hard work, the Access to Justice Institute volunteer attorneys were successful and the woman was granted asylum. That young woman sent a letter to the program thanking them for their help, and among other things, she said: “Finally, I see the light and am overwhelmed with hope. These attorneys are the people who make this country great.”

I’ll bet if you ask any one of the people in these examples who were their heroes, they would tell you without hesitation the volunteer attorneys who helped them enjoy a breath of life and the gift of freedom.

. . .

It is a fact that nine out of 10 low-income people who do not get legal assistance receive no help at all and end up living with the consequences of their legal problems. Facing the likelihood of adverse legal consequences on issues such as health, domestic violence, housing, and discrimination without the benefit of legal assistance hardly sounds like enjoying life, liberty, and justice for all.

. . .

Our legal system is bulging at the seams crying out for access to justice for those who can least afford it. And the challenges of doing pro bono work can be daunting and sometimes subject you to severe criticism such as those lawyers representing Guantanamo detainees or the lawyer who diligently fought to save the life of an inmate who had been sentenced to death for having killed three children and their grandmother.

The depth of your commitment is up to you. But if you see me in the future and we stop to chat, if you want to impress me, don’t tell me about your number of billable hours or how you destroyed the opposition’s key witness during cross examination. If you want to really impress me, tell me about the effort and energy you or your firm put into your pro bono frequent hours account.

And, if you want to be my hero, take up the challenge I have presented to you. It is probably undignified for a judge to stand up here and beg, but if I may, I’d like to borrow a line from an old Marvin Gaye song, “I ain’t too proud to beg.”

Because when it comes to asking you to be committed to volunteering legal services, I implore and beg of you to be deeply committed to providing pro bono legal services. My pro bono work in the past has helped me put a smile on the face of the poor, given hope to the incarcerated, and given children a voice in the court. Please join me in my passion for access to justice. Your awareness and commitment are our only hope. Thank you.

Judge Richard A. Jones was appointed to the King County Superior Court in 1994 and now serves as Federal District Court Judge for the Western District of Washington.