People with limited resources need access to the civil courts
This is an archived article that was published on sltrib.com in 2008, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Fallout from the economic crisis is readily apparent. Those who are suffering the most are the very poor who are unable to meet even their most basic needs.

As an individual, I am concerned for the immediate welfare of our fellow Utahns -- ensuring that people obtain safety, food, shelter, income and the basic services that promote self-sufficiency. As an attorney, I think about the role that the law plays in helping people meet these basic needs.

Access to the legal system is fundamental to the promise of a fair and just society that is at the core of our democratic system. Such access usually depends on the ability to obtain an attorney to navigate our complex legal system. The Constitution recognizes the right to counsel in criminal matters, but no such right exists in civil matters that hold serious consequences for the lives and well-being of all citizens.

Ensuring that those without means have access to civil legal assistance in certain identified matters helps people resolve the legal problems that arise out of everyday life: issues like divorce and custody, discrimination, maintaining housing, ensuring safety, establishing equal access for individuals with disabilities and securing income.

Without timely and thoughtful legal intervention, these issues can throw individuals and families into crisis. Yet for so many, access to money is a determining factor to what extent they will access the justice system.

Each year, some Utah residents are unable to access the justice system with certain critical civil legal cases because they have neither the resources nor the information to navigate through the system. Whether it's a woman trying to escape a violent spouse, a disabled veteran seeking benefits, or a senior citizen protecting her limited resources in a dispute, these individuals can achieve stability through legal advice and representation.

While the needs are great, I remain optimistic. Ten years ago, Utah's primary providers of civil legal aid embarked on a collaborative effort to increase access to justice for individuals unable to hire an attorney. This effort, known as "and Justice for all," is a Utah nonprofit organization that has focused on developing resources and achieving economic efficiencies so that more people would be able to address their serious legal problems.

"And Justice for all" supports programs at Utah Legal Services, Legal Aid Society of Salt Lake, the Disability Law Center and several other nonprofit legal aid providers in a statewide outreach.

Since 1998, "and Justice for all" has manifested itself as the heart of the Utah State Bar, whose members have stepped up with generous financial support and significant pro bono involvement. Access to justice is not just a matter for attorneys and the courts, it is of vital importance to all participants in our democracy.

Inadequate access to the courts affects society at large by undermining faith in our democracy and the government's ability to provide a level playing field for all citizens.

I applaud my fellow Utahns, including members of the Bar, elected leaders and citizens, who have joined with "and Justice for all" to provide resources and assistance for legal aid in nearly 20% of the civil legal matters faced by low-income households in Utah. The Bar has recently honored "and Justice for all" with a distinguished service award for its 10 amazing years of collaboration and leadership. Building upon Utah's commitment to a strong community, we will someday fulfill our nation's promise of justice for all.

Nathan D. Alder, an attorney in Salt Lake City, is president of the Utah State Bar.

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