MINOT, N.D. -- The movement to expand affordable legal services is receiving renewed focus, since a U.S. Supreme Court Justice made a public endorsement of the idea.
Conservative-leaning Justice Neil Gorsuch recently wrote an op-ed for USA Today, calling on states to find creative ways for more Americans to get free or affordable legal guidance, especially in non-criminal cases.
Examples include establishing a will or dealing with small-claims issues.
Rich LeMay, executive director for Legal Services of North Dakota, said this kind of advocacy is long overdue.
"Attorneys go to school for this, and quite frankly, some of the attorneys don't have it figured out," LeMay asserted. "It's a lot to expect that a person's gonna be able to do everything the way the court requires."
Even for people who do qualify for legal aid, LeMay said programs like his don't have a wide range of resources to cover every kind of case.
Arizona now allows para-professionals to represent people in court in limited situations, even without a law license. Private attorney groups have raised some concerns that these changes could open the door to unregulated companies preying on people who need help.
Meanwhile, LeMay pointed out Congress could help by adjusting eligibility requirements, so more people could qualify for legal-aid groups that have attorneys on staff.
He contended these groups also need more funding to serve more clients.
"When I started in 1989, Legal Services Corporation, nationally, was funded at $400 million," LeMay explained. "And here we are, 32 years later. And granted, we're getting increases, but we're only at $465 million."
He added public awareness is a big issue. And given all the financial challenges from last year, his group didn't see as many cases as expected.
LeMay suggested people in need of legal advice research any possible assistance options before deciding to represent themselves.
Disclosure: Legal Services of North Dakota contributes to our fund for reporting on Health Issues, Livable Wages/Working Families, Native American Issues, and Senior Issues. If you would like to help support news in the public interest,
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Tennessee's justice system may be getting a makeover, as a forum on Thursday will cover new ideas to modernize it.
The Sycamore Institute event will focus on using data-driven approaches, increased funding and policy changes.
Brian Straessle, executive director of the institute, said they want to provide clarity for people to learn about criminal justice policy in Tennessee. One session, with representatives from the District Attorney General Conference and Administrative Office of the Courts, will discuss criminal justice data reporting in the state.
"Last session in the Legislature, there were a couple of laws passed that required each of those entities to develop some unified case reporting and data reporting tools," Straessle explained. "Because right now, it's hard to get a real good sense of what is happening in the court system across the state of Tennessee."
More than 44,000 people were in state prisons and local jails across Tennessee in 2023. Straessle added the goal of the forum is to provide insights into the approaches groups are taking to implement their plans and identify areas for improvement.
Straessle added the second session will focus on paying for incarceration. He noted during the pandemic, the state saw an increase in crime, which in turn created concern about the capacity of Tennessee prisons.
"The winds have shifted a little bit to more of a 'tough on crime' focus at the state level, and that means, you know, more people behind bars for longer," Straessle pointed out. "There's questions about, what does that mean for Tennessee's jail and prison capacity? And whatever we end up doing, we need to know what that will be and what it's going to cost if we need more capacity."
While pre-pandemic interest in reform was high, rising crime has led to stricter laws. The final session will be a conversation with state lawmakers about public safety and criminal justice policy.
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Researchers have found that higher copays for health care obstruct access to receiving care behind bars, even as prison populations in Mississippi and nationwide face increasing rates of physical and mental health conditions.
One in 10 people with at least one chronic condition in state and federal prisons had not been seen by a clinician since they were incarcerated.
Wanda Bertram, communication strategist for the Prison Policy Initiative, said the copays are often less than $7 but they represent massive barriers to health care.
"If you want to be seen, you have to pay, typically anywhere from $2 to $5, or in the case of Mississippi prisons, $6,," Bertram outlined. "and if you can't pay that, either you can't see the doctor or that becomes a debt that you have to the prison."
The research found medical copays in prisons significantly impede health care access for more than 500,000 people with chronic conditions, from heart or kidney disease, to asthma and hepatitis C.
People in Mississippi prisons are not compensated for the jobs they may have while they are incarcerated, so Bertram pointed out it is up to their families to cover any medical costs. She added some states have dropped their copays for people behind bars. Her group thinks Mississippi should do the same.
"We have been advocating for years for states to abolish these copays," Bertram explained. "And some states are doing this, Nevada, I believe, abolished prison copays, either this year or last year. California has also abolished copays. To force people to pay to see a doctor, you know, causes people to not see doctors when they actually need help."
Bertram added the research revealed alarming gaps in mental health care access for incarcerated individuals. More than one-third of those with diagnosed chronic mental illnesses have not seen any mental health clinicians since entering prison.
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Anyone age 18 or younger accused of violating Illinois law, who has formal charges filed against them, has historically had their case tried in a courtroom but some judges are choosing another option in hopes of keeping young people out of the system.
Courts in Avondale, Englewood, North Lawndale and Sauk Village in Cook County use restorative justice for nonviolent felony or misdemeanor cases for people ages 18-26. They attend court-appointed conferences or "peace circles" with family, friends and community members to encourage accountability.
Elizabeth Clarke, founder and executive director of the Illinois Juvenile Justice Initiative, thinks the restorative justice model should be expanded.
"Cook County should be using it, not just in low-level cases, but in really serious felony cases," Clarke contended.
Victims and survivors of crimes may volunteer to participate in the conferences. This Friday, the Juvenile Justice Initiative will host two restorative justice practitioners with the Youth Justice Agency in Belfast, Northern Ireland, speaking at the Adler Institute on Public Safety and Social Justice in Chicago.
The Cook County Circuit Court website said a "Repair of Harm Agreement" lists what a young offender must complete, from performing community service and writing a reflection letter, to attaining a high school equivalency diploma and finishing a substance abuse program.
Joshua Brooks restorative justice hubs coordinator for the Institute on Public Safety and Social Justice at Adler University, said restorative justice is a practice; a way of life borrowed from Indigenous beliefs.
"It's really based on the principle that we belong to each other, and we need to do right by each other," Brooks explained. "There are just several different principles and values that include relationship building, confidentiality, repairing harm, community building, shared power. And the way that it's practiced is usually through circles."
Brooks argued strengthening relationships with community members and bringing them into a place where they can trust one another is also important. If the young person completes the items on their list, criminal charges are dismissed and the case is expunged.
Chicago Appleseed for Fair Courts data show between 2020 and 2023, 100 people completed a restorative justice program. By March 2023, 94% had their charges dropped or dismissed.
Disclosure: The Juvenile Justice Initiative contributes to our fund for reporting on Children's Issues, Civic Engagement, Criminal Justice, and Juvenile Justice. If you would like to help support news in the public interest,
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