By Matthew Pordum
Daily Journal Staff Writer

SACRAMENTO - The Assembly passed a bill on Friday that would make California the first state in the nation to establish a right to counsel for low-income people in critical human-needs civil cases.

The bill, AB 590, introduced by Assemblyman Mike Feuer, D-Los Angeles, passed on a vote of 50-29, and would provide a legal voice for those in the state that can't afford an attorney. It would be funded through an increase in court fees.

The program would seek to provide counsel to low-income people in cases where basic human needs, such as shelter, sustenance, safety, health or child custody are at stake.

According to National Center for State Courts, more than 4.3 million Californians represent themselves in civil court proceedings, largely because they cannot afford a lawyer.

"I have seen first hand how having a lawyer can make a difference in cases involving critical matters," said Feuer, who for eight years ran the non-profit legal center Bet Tzedek, which provides free legal representation to low income people, the elderly and the disabled. "I saw the opportunity to bring this legislation and I feel strongly it will make a difference for the people in this state that right now need help the most."

Specifically the bill would require the Judicial Council to establish one or more pilot programs in selected courts across the state for three-year periods.

Funding for the program will be secured through a $10 increase on certain fees for court services, including issuing a writ for enforcement of an order or judgment, issuing an order of sale, and filing and entering an award under the Workers' Compensation Law.

Currently the fees for these services range between $15 and $20.

"These are very serious times and fiscally desperate times at that, but I feel this pilot project can not only give access to justice, but also make the system more efficient," Feuer said.

Feuer said this issue was actually being discussed two legislative sessions ago and $5 million was set aside in the budget for it by the Governor, but it didn't make it through.

The bill seeks to enact recommendations by the California Commission on Access to Justice. The 24-member group of lawyers, judges, businessmen, labor activists and community leaders was tasked by the State Bar to find ways to improve access to civil justice for Californians living on low and moderate incomes.

"As California Supreme Court 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 erodes the public's confidence in our judicial system," said commission spokesman Anthony Williams.

The right to counsel bill was passed on the last day for bills to be passed out of the house of origin. It is now headed to the Senate Judiciary Committee.