October 2006

All for One and One for All — Access to Justice Conference Attendees Unite for Cause

by Sharlene Steele

Without a doubt, the presence of American Bar Association (ABA) President Michael S. Greco was the highlight of the eleventh annual Access to Justice Conference, in Yakima, June 9-11. Not only did he provide the keynote address at the Saturday lunch, we also had the pleasure of his company throughout most of the three-day event. He attended the WSBA Board of Governors meeting and the Welcoming Reception on Friday, and the Bar Leaders Conference Roundtable Discussion and the plenary session on Saturday. We were able to surprise Greco at a reception in his honor on Saturday evening, with a surprise appearance of longtime colleagues Bill Whitehurst and Jonathan Ross. Over 20 years ago Mike, Bill, and Jon, AKA “The Three Musketeers,” cofounded The Bar Leaders for the Preservation of Legal Aid for the Poor. Ada Shen-Jaffe, Seattle University School of Law, told the story of courage and leadership in extremely tremulous times for legal services, and presented all three with awards. Gail Kinney, founding staff member, was in on the secret and also made a surprise appearance.

Greco has called for a defined right to counsel in certain civil cases as one of his primary initiatives as 2006 ABA president. The ATJ Conference/WSBA Bar Leaders Conference plenary session, “Crafting a Vision for the Civil Right to Counsel in Washington,” focused on this initiative and provided an interesting interactive discussion on this bold concept. Greco followed up on this topic in his keynote address, illustrating how many poor people face the possibility of losing the basic necessities of life: food, shelter, healthcare, protection from violence, and family stability. Greco remarked: “This issue could be the defining moment in the legal profession in our country in the 21st century, and it could be the defining act in our democracy in the 21st century — the act when we make good on the promise of equal justice for everyone.” At the time of this writing, the ABA House of Delegates announced that it unanimously passed a resolution calling for recognition and implementation of a right to counsel in civil cases. Appreciation goes to the entire Washington ABA House of Delegates, WSBA President S. Brooke Taylor, and the WSBA Board of Governors for their support of this resolution.

Each year, the ATJ Conference produces important recommendations for the purpose of improving access to the justice system for low-income people. Many of these recommendations have evolved into successful accomplishments, such as:

• Creating the Supreme Court’s Task Force on Civil Equal Justice Funding, resulting in the Washington State Civil Legal Needs Study.
• Implementing online interactive forms for victims of domestic violence.
• Enacting the courthouse facilitator rule.
• Enacting the “unbundled” legal services rules.
• Establishing the Interpreter Commission.
• Improving access to administrative hearings (hearings facilitator and Pro Se Handbook).
• Publishing Ensuring Equal Access for People with Disabilities: A Guide for Washington Courts.
• Creating the Council on Public Legal Education.
• Removing barriers to technology: Access to Justice Technology Principals.
• Creating the Alliance for Equal Justice (organizations that provide legal aid).

The Washington State Access to Justice Board rolled out its plans to implement the recently revised “Plan for the Delivery of Civil Legal Aid to Low Income People in Washington State.” Many members and supporters of the Alliance for Equal Justice participated in the comprehensive revision process. One notable structural change is that the state will be divided into 19 delivery service “regions” (rather than counties) in an effort to effectively improve rural services. The Access to Justice Board has established a State Plan Oversight Committee to coordinate and oversee implementation, which will take up to four years to complete. The musical skit “OCLAnogan!” illustrated the need for changes to the legal services delivery system in an entertaining and humorous fashion.

Of course, it wouldn’t be a conference without accolades! Judge Anne Ellington was presented with the ATJ Board Judicial Leadership Award to honor her long-term and significant leadership role, in particular her outstanding contributions to the Access to Justice Board’s Impediments Committee. As a founding member and principle author of the Committee’s new publication, Ensuring Equal Access For People with Disabilities: A Guide for Washington Courts, Judge Ellington’s work is exemplary. Pat “Mac” McIntyre was the recipient of the ATJ Board Leadership Award for recognition of more than 30 years of service for the benefit of the poorest and most vulnerable people in Washington state. Mac demonstrated incredible courage in the face of financial and political pressures during the restructuring of legal services. His leadership and insight allowed the creation of Washington state’s first and only much-needed legal hotline and intake system.

Reflecting on this Access to Justice Conference and the 10 conferences before it, Washington state can be proud to be a national leader and role model in efforts to keep the promise of equal justice under law. Thank you, “Three Musketeers,” for your vision, commitment, and inspiration.

Looking forward, the 2007 Access to Justice Conference will be held in Wenatchee, June 1-3. To find out how you can be involved, contact Sharlene Steele at 206-727-8262 or sharlene@wsba.org. 

Sharlene Steele is the WSBA Access to Justice liaison.