Civil Justice
Our nation promises “equal justice for all.” But, the promise of equal justice is often just that—a promise. When families with limited means turn to courts for assistance with matters of fundamental importance—evictions, unpaid wages, child custody, domestic violence, health care, mortgage foreclosure and government benefits –often they encounter insurmountable barriers to justice.
Nationally, low-income households experience approximately one civil legal need per year, but only a small portion of those legal needs are met. Experts report that fully 80 percent of the civil legal needs of low-income people go unmet annually. A major part of the problem is a lack of funding. For every person served by a federally funded civil legal services provider, another was turned away because of insufficient resources. More than one million civil cases are turned away each year. The vast majority of people involved never find help.
The Brennan Center is working to close this “justice gap” by expanding the types of civil cases in which low-income people have a right to counsel, increasing funding for the federal Legal Services Corporation (LSC), removing onerous restrictions on LSC-funded organizations, improving language access in the courts, ensuring that attorneys’ fee awards continue to encourage lawyers to take civil rights cases, and guaranteeing that people can get their questions answered at help desks when they interact with the government officials who will make important decisions about their lives.
News and opinion pieces that praise, attack, or discuss free and low-cost civil legal aid. Also see reports about civil legal aid the media doesn't cover. Low-income individuals and families, children, consumers, the elderly, the disabled, immigrants, workers, prisoners, veterans, and people reliant on government benefits or seeking health care share concerns about access to justice that are frequently covered in the E-lert.
North American Agreement on Labor Cooperation (NAALC) Complaint
The Brennan Center works to ensure access to legal representation and enforcement of labor rights for workers in the United States on H2-B visas.
Lochren v. County of Suffolk (Amicus Brief)
The Brennan Center and Paul, Weiss, Rifkind, Wharton & Garrison filed an amicus brief, on behalf of 30 public interest organizations and law firms asking the U.S. Court of Appeals for the Second Circuit for en banc consideration of the standard for awarding attorneys’ fees that the Court adopted in Lochren v. County of Suffolk.
Milavetz v. U.S.A. (Amicus Brief)
The Brennan Center, along with the National Association of Consumer Bankruptcy Attorneys, the Connecticut Bar Association, and AARP, filed an amicus brief in a case challenging the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, a law that contains provisions imposing various restrictions on the speech and activities bankruptcy attorneys.
A Real Fix for the Poorest Victims of the Foreclosure Crisis
Enacting the Civil Access to Justice Act is a first step toward ensuring that low-income families facing a broad range of survival-threatening civil legal issues can get the legal help they need.
DOJ Commits to Access to Justice
Harvard Professor Laurence Tribe will head a new DOJ-push to strengthen indigent defense and access to justice.
“...a beacon of light in a shadowed world…”
In our second annual Living Constitution Lecture, Senator Whitehouse of Rhode Island spoke about threats to our Constitution: inequalities in our justice and taxation systems, the damage done by torture memos, and other erosions to our Constitutional rights—and how to get them back.
Illustrations by Risko
Has the U.S. Honored Agreement on Temporary Foreign Workers? Mexican Government Wants to Know
Today the Brennan Center for Justice and Northwest Workers’ Justice Project urged Labor Secretary Hilda Solis to answer Mexico’s query about the treatment of foreign workers in the U.S..
Large Number of People Who Face Foreclosures Don’t Have a Lawyer
New York - A new in-depth study by the Brennan Center for Justice released Oct. 6, 2009, shows that disturbing numbers of families face foreclosure proceedings without the aid of legal counsel.
People Forced to Appear in Court Without Interpreters, Violating Federal Law
A new study of 35 states exposes the failure of many state courts to provide interpreters to people with limited proficiency in English (LEP) - often in violation of Title VI of the Civil Rights Act of the United States . . .
Coaltion Letter in Suport of Civil Access to Justice Act
Over 150 national, state and local groups sign onto letter supporting passage of bill to reauthorize the Legal Services Corporation
Testimony at NY Senate Hearing on Future of Civil Legal Services
Justice Program Director, David Udell, testifies at a New York Senate hearing on the future of IOLA and civil legal services, offering recommendations for funding strategies, infrastructure developments and new ways to help low-income individuals access justice.
Testimony Submitted for House Hearing on Legal Services Corporation
The Brennan Center’s Rebekah Diller submitted written testimony for a hearing of the House Judiciary Committee’s Subcommittee on Commercial and Administrative Law regarding the Legal Services Corporation.
Keeping Families Together, Saving Money & Other Motivations Behind New Civil Right to Counsel Laws
To inform advocates seeking expansion of the right to counsel, the Brennan Center’s Laura Abel provides an overview of existing right to counsel statutes across the states and the legislative motivations that led to their passage.
Carrot and Stick Approach Needed for Homeowners in Foreclosure
Fixes to help homeowners with the foreclosure crisis: first, lifting federal restrictions on the Legal Services Corporation, and second, considering more civil counsel assistance options.
Fact Sheets | Language Access Problems Among Government Bodies
Fact sheets illustrating the serious harms and deprivations of rights that result when individuals with limited English proficiency (LEP) are unable to access essential government bodies.