NCJ Number
58682
Journal
American Bar Association Journal Volume: 65 Dated: (JUNE 1979) Pages: 904-907
Date Published
1979
Length
4 pages
Annotation
THE POSITION OF THE AMERICAN BAR ASSOCIATION ON ACCESS TO LEGAL SERVICES, COURT REFORM, AND ALTERNATIVES TO DISPUTE RESOLUTION IS PRESENTED BY THE ASSOCIATION'S PRESIDENT.
Abstract
ALTHOUGH FUNDING FOR LEGAL SERVICES PROGRAMS IS BEING PROVIDED BY FEDERAL AND STATE AGENCIES, THERE ARE STILL 3 MILLION INDIGENT CITIZENS LIVING IN AREAS THAT HAVE NO FORMAL LEGAL SERVICES PROGRAMS. THE AMERICAN BAR ASSOCIATION (ABA) CONSIDERS THE PROPOSED BUDGET OF THE LEGAL SERVICES CORPORATION FOR 1980 TO BE INADEQUATE TO ASSURE MINIMUM ACCESS TO LEGAL SERVICES. ADDITIONAL FUNDING TO ENSURE THE COMPLETION OF THE CORPORATION'S GOALS SHOULD BE A HIGH PRIORITY. THE MAJORITY OF PERSONS WHO PASS THROUGH THE CRIMINAL COURTS REQUIRE THE APPOINTMENT OF LEGAL COUNSEL, YET PUBLIC FUNDS FOR DEFENSE SERVICES AMOUNT TO ONLY 1.5 PERCENT OF THE NATIONAL EXPENDITURES FOR CRIMINAL JUSTICE. THE ABA RECOMMENDS THAT THE FEDERAL GOVERNMENT ASSUME ITS SHARE OF THE RESPONSIBILITY FOR IMPLEMENTING THE SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL. IN MODIFYING ITS POSITION ON ADVERTISING BY ATTORNEYS, THE ABA HAS ENCOURAGED THE USE OF INSTITUTIONAL PUBLICITY THAT WILL MAKE CITIZENS AWARE OF THEIR LEGAL PROBLEMS WHICH MAY REQUIRE COUNSEL. ACCESS TO THE COURTS MAY BE IMPROVED BY INCREASING THE NUMBER AND QUALITY OF JUDGES, STREAMLINING PROCEDURES, AND BY DIVERTING SELECTED MATTERS FROM THE COURTS TO OTHER ADJUDICATIVE BODIES. THE ABA FAVORS THE ESTABLISHMENT OF A NATIONAL COURT OF APPEALS WHICH WOULD BE REFERRED CASES FROM THE CIRCUIT COURTS WHICH DID NOT WARRANT REVIEW BY THE U.S. SUPREME COURT. AN ABA TASK FORCE HAS PROPOSED THE USE OF DISPUTE RESOLUTION TECHNIQUES SUCH AS ARBITRATION AND THE EXPANSION OF SMALL CLAIMS COURTS TO REDUCE CIVIL COURT DELAYS. (TWK).