Maine can do more to ensure citizens can get quality legal counsel

May 1 is the 50th anniversary of the celebration of Law Day, initially recognized by President Dwight D. Eisenhower in 1958 as a “day of national dedication to the principle of government under law.” The rule of law is key to freedom and justice.

It has often been said that a free press and an independent judiciary are the underpinnings of a truly free society. As stated by President John F. Kennedy, “By strengthening the rule of law, we strengthen freedom and justice.” One of the great strengths of America is that she is a country of laws and not of men. We all have a stake in the rule of law, and we can all do our part to strengthen it.

Although our system of law is the best in the world, it is by no means perfect, and we should all be striving to improve our justice system.

One of the areas most in need of our efforts is improving access to justice for all our citizens. Because of high legal costs, many of our citizens represent themselves in our courts, even though their rights would be better protected if they had legal representation. Maine attorneys are among the most generous in the country in terms of volunteering their time to give legal representation to clients who are unable to afford lawyers. Our volunteer lawyer program has been recognized nationally as one of the best.

Just as important, but generally less well-known, is the increasing number of Maine citizens who, due to difficult circumstances, are able to pay some, but not the full rate for legal services and are nevertheless well represented by Maine attorneys. Too many of our citizens, however, continue to be faced with legal problems without any legal representation.

The Justice Action Group (JAG), an organization that provides leadership and coordination for the provision of legal aid to low-income and elderly Mainers, in October 2007 released a comprehensive report on the status of access to justice in Maine titled “Justice for All: A Report of the Justice Action Group – Statewide Access to Justice Planning Initiative.” This report is the result of more than 100 lawyers, judges, consumer advocates and social service providers in Maine working for more than 18 months to identify, evaluate and recommend strategies and best practices that would expand and enhance justice for all Mainers.

Though Maine has an excellent national reputation for access to justice, the goal of the report was to ensure the maintenance and improvement of legal access for all Maine citizens. The report uncovered a number of issues hampering access for Mainers, along with specific recommendations designed to act as a roadmap for closing Maine’s justice gap over the next ten years.

Some issues facing Maine’s civil legal aid providers include the challenges of providing legal aid in rural communities; the underutilization of technology and the need to focus on ensuring the right to counsel in cases where basic human needs are at stake.

To address these issues, the JAG report provides dozens of recommendations for implementation over the next 10 years. Many of the recommendations focus on bringing more resources into the system, finding ways to enhance the use of volunteer lawyers, coordinating programs, and assuring quality services. There are also a number of recommendations related to making it easier for consumers to access information, particularly if they are representing themselves in court or at an administrative hearing.

This report is a major step forward in ensuring Maine’s reputation for legal access continues into the future, and is further proof Maine is dedicated to understanding its legal system’s issues, and making sure there are specific recommendations for preserving and expanding access to all citizens. More information on the Justice Action Group and a link to its recent report can be found at: www.mbf.org/justice.htm.

Law Day serves as a reminder to the inextricable link between the rule of law in this country and the freedom and justice we enjoy as its citizens. Law Day also highlights the need to educate ourselves to the rule of law in our state and our nation.

Robert W. Clifford, of Lewiston, is an associate justice of the Maine Supreme Judicial Court.