Column: Expanding access to civil justice

The Access to Justice Hui’s 2007 report, “Assessment of Civil Legal Needs and Barriers of Low- and Moderate-Income People in Hawaii,” revealed that over 77 percent of Hawaii’s low- and moderate-income residents could not afford a lawyer and had nowhere to turn for assistance with their legal needs. In response, in 2008, the Hawaii Supreme Court established the Hawaii Access to Justice Commission, bringing together representatives from the Judiciary, the state bar, government, nonprofit organizations, legal services providers and the public in a voluntary effort to substantially increase access to justice in civil legal matters for low- and moderate-income residents.

The commission formally institutionalized an ideal: that justice must be extended to everyone, regardless of economic, social, cultural, languasge and other barriers to our justice system. In collaboration with civil justice efforts in the state, the commission has assisted in initiating, developing, implementing and supporting measures to advance equal justice. They include:

>> Self-help centers and access-to-justice rooms that are staffed by volunteer attorneys and AmeriCorps Legal Advocates at courthouses statewide. To date, they have provided more than 23,000 free consultations on civil matters related to landlord- tenant cases, collections, divorces, custody cases and temporary restraining orders, at almost no cost to taxpayers.

>> The Hawaii Appellate Pro Bono Program that assists income-qualifying individuals representing themselves in certain civil appeals by matching them with attorneys willing to provide legal services without charge.

>> Hawaii Online Pro Bono (HOP), a free web-based tool that allows income-qualifying residents to post questions on a secure website (hawaii.freelegalanswers.org) and to receive responses from a volunteer attorney.

>> A judicial foreclosure mediation program on Hawaii island that operated from 2009 to 2016.

>> The establishment of a roundtable for university, Judiciary and bar representatives that addressed cultural and language barriers in the legal system.

In the months ahead, several new resources will be made available or are being developed:

>> Honolulu District Court will improve five commonly used forms by making them more understandable to lay persons. These improved forms will make the legal process more accessible for non-lawyers, and make it easier to translate forms into other languages for individuals not fluent in English.

>> On Maui, volunteer court navigators will help self-represented litigants to understand court procedures in landlord-tenant, debt collection and non-family temporary restraining order cases. These volunteers assist individuals to work through the court process, clear up misunderstandings, obtain court interpreters when needed, and more. A similar program is being piloted at the Honolulu District Court.

>> In Honolulu District Court, a project is being considered to permit an attorney to represent a litigant for specific parts of a case rather than the entire case in order to increase the availability of legal services.

Hawaii’s achievements over the past decade are attracting national attention and support. Hawaii was one of seven states awarded grants in 2017 and 2018 to formulate and to implement a model plan in its state to extend access to justice to 100 percent of those in need. In 2016 Hawaii was ranked among the top three states in the nation on the basis of a “Justice Index” applied to the Hawaii Judiciary.

Recently, Microsoft Corp. provided nearly $2 million in resources to develop a next-generation online portal for Hawaii and Alaska that will use artificial intelligence to aid people in identifying legal problems and in finding resources to address their needs.

Access to justice considerations have become an integral part of Hawaii’s legal system.

When access is denied, the foundational principle of our nation that all individuals are equal before the law is undermined. Thus, we all have a stake in ensuring access to justice for everyone.

Simeon Acoba is a retired Hawaii Supreme Court justice and chairman of the Hawaii Access to Justice Commission.