Bill Would Make California First State in the Nation for Such Services

April 21, 2009 (Sacramento) - Today Assembly Bill 590 (Feuer) was approved by the Assembly Judiciary Committee on a vote of 7-2. The bill is a landmark measure that would make California the first state in the nation to establish a model program providing a right to counsel for low-income people in critical civil cases.

"Now more than ever, we must take steps to ensure that essential legal rights regarding basic human needs - including shelter - are not sacrificed or abandoned simply because someone cannot afford to hire a private lawyer to assist them," said Feuer.

Currently, attorneys are appointed for indigent parties only in criminal cases. However, legal officials agree that some issues decided in civil cases can be just as significant as in criminal cases, such as cases involving the elderly and individuals with disabilities, and the well?being and safety of parents and children, and the basic need for adequate shelter. AB 590 would support the project through a $10 increase on certain court fees when a party wins a case, without drawing on scarce state funds.

"This bill is not just about fairness and justice, it is in our economic self interest," Feuer continued. "Timely access to legal services can prevent an illegal foreclosure or other problems that can lead to homelessness, saving taxpayers money."

Court observers generally agree that without a lawyer, most people cannot win, even when the law and the evidence is on their side. As retired Court of Appeals Justice Earl Johnson has noted, lawyers are as essential to the proper operation of the courts as clerks, bailiffs and probation officers. When one side lacks such representation, the entire system breaks down.

Julia Wilson, Executive Director of the Legal Aid Association of California, said, "This bill implements a key recommendation of the Access Commission. As California Supreme Court Chief Justice Ronald George has said, the growing number of unrepresented parties is one of the most challenging issues facing the courts because it imposes significant costs on the judicial system and by impairing their ability process heavy caseloads, and erodes the public's confidence in our judicial system."

Assemblymember Feuer's website: http://www.assembly.ca.gov/a42