empower consumers
In a press release issued yesterday, New York State Bar Association (NYSBA) President President A. Thomas Levin announced the group’s legislative agenda for 2004, which includes a strong emphasis on access to the judicial system. Levin stated:
“We can no longer afford to put off legislative remedies in areas that have for too long been neglected. Nor should we imperil Constitutional guarantees in the name of expediency. Access to our criminal and civil justice system is fundamental for every American. As custodians of those rights, the legal profession must continue to be vigilant, to ensure that they are not eroded.”
In addition to reforming the strict sentences enshrined in the Rockefeller Drug Laws and seeking a “fair and ethical process” for selecting judges, the NYSBA declared itself committed to the following legislative priorities:
“Access to the Tort System. Protect access to the court system for injured persons to exercise their right to seek compensation for their injuries. Encourage continued study of, and reasoned debate about, the tort laws of New York based upon the understanding that such activities will lead to practical, responsible, and beneficial change that is fair to all New Yorkers.”
Editor’s Note: We’ll need a lot more open-mindedness on both sides of the tort-reform debate to achieve this. Keeping the interests of the injured person as the primary focus is crucial — even when it means making contingency fees fair to each client in each case.
“Access to the Civil Justice System/Funding for Civil Legal Services for the Poor. Advocate for access to the civil justice system by low-income people. While the pro bono efforts of New York lawyers help provide needed representation, adequate state and federal funding is necessary.”
Editor’s Note: Let’s make sure that ample funding is available finally to create self-help centers at courts and online. As we’ve argued, self-help will reach and empower far more people than pro bono or legal services ever could.
“Access to Legal Services for Middle-Income Consumers (Simplified Case Resolution). This proposal by the Association is intended to assist a growing segment of middle-income New Yorkers, who are denied access to the civil justice system because claims cannot be litigated at a cost reasonably comparable to the amount in dispute. This alternative mechanism, functioning within the judicial system, would permit limited disclosure and waiver of jury trial and provide disposition by a judge within one year.”
Editor’s Note: If done right, this could be an important initiative. However, Simplified Case Resolution cannot merely be set up so as to preserve work for lawyers within the judicial system. Like the poor, middle-income consumers deserve to have the benefits of Small Claims Reform ( see here and there) and meaningful self-help and pro se programs NYS should blush when it sees how far behind it is compared to states like California. I’m afraid, however, that some bar leaders think that blocking self-help is their job.
“Court Restructuring. Amend the New York State Constitution in order to restructure and simplify our costly, confusing, and inefficient trial court system, and thereby make the courts more accessible to the public and practitioners.”
I hope the NYBA, which up until now couldn’t even bother to support increasing dollar limits in small claims courts or funding self-help efforts, is serious about making accessibility its top priority.