Expanding access to justice through authorized justice practitioner programs
Adapted from "Considerations for expanding access to justice through Authorized Justice Practitioner programs," Conference of Chief Justices / Conference of State Court Administrators Civil Justice Committee, April 2025.
Background
In state courts, which handle an estimated 98 percent of civil disputes, lawyers represent both sides in less than 25% of the cases. In some high-volume dockets such as housing, family law, and debt collection, 80 to 90 percent of cases have at least one party without a lawyer. These figures only capture those who make it to court; countless more community members struggle with serious legal problems outside the formal judicial process.
Traditional solutions — like increasing the overall number of lawyers or encouraging pro bono service — have not meaningfully addressed this issue. The number of lawyers has increased in absolute terms and proportional to the American population, and yet the number of people without lawyers continues to grow. Increasing funding for civil legal aid providers, while important, will not address this problem on its own. Many of those in need of help, including small businesses and middle-income families, often fall outside the priorities and eligibility criteria of civil legal aid.
Role of state courts
State supreme courts play a pivotal role in fostering innovative solutions that bridge the justice gap. Recognizing the seriousness of this shortage, several state supreme courts have explored new pathways to expand access to justice, by authorizing new categories of authorized justice practitioners who can practice law in defined contexts.
There are two primary categories of new authorized justice practitioner programs: (1) Allied Legal Professional (ALP) Programs[1] and (2) Community-Based Justice Worker (CBJW) Programs.[2] ALPs are historically licensed by a state regulatory body, and once accredited as independent legal practitioners, can offer fee-based legal services in discrete areas of law and for specific legal tasks. CBJWs are trained to provide limited scope legal services for free to people facing civil legal issues as part of a community-based organization's existing work, often under the supervision or mentorship of a licensed attorney.
The committee offers several considerations that merit thoughtful exploration for states implementing ALP programs. As jurisdictions grapple with pressing access-to-justice challenges, the exploration of ALPs presents a promising opportunity to address unmet legal needs in a structured and controlled manner.
On July 30, the Conference of Chief Justices and Conference of State Court Administrators passed Resolution 1 -2025 In Support of Exploring Access to Justice Through Authorized Justice Practitioner Programs. These considerations offer guidance for state supreme courts and their partners committed to fostering such innovation in legal service delivery.
Considerations for authorized justice practitioner programs (AJP)
Develop a clear framework & scope of practice
Establish clear guidelines and regulations that define the scope of practice for authorized justice practitioners (either ALPs and CBJWs), allowing them to offer legal assistance in defined areas without compromising client protection.
Ensure wide representation in committees tasked with program oversight
Committees, commissions, and/or working groups tasked with developing recommendations for creating or expanding new legal practitioner programs should leverage the perspectives of a wide variety of system actors.
Ensure high standards & quality control measures through training, certification, and ongoing support
Work with courts, practicing attorneys, and legal educators to develop certification programs and training opportunities for authorized justice practitioners, equipping them with the necessary legal knowledge and ethical standards to practice effectively within defined boundaries.
Create an ecosystem for AJP programs to operate in collaboration with licensed attorneys
ALPs, CBJWs, licensed attorneys, court navigators, and others should collaborate to ensure community members with legal needs can access the appropriate civil legal service for their needs and budgets.
Develop AJP programs with a client-centered focus
Promote a client-centered approach to legal service innovation by ensuring that the services provided by ALPs and CBJWs are easily accessible, culturally conscious, and responsive to client's human needs beyond the legal system.
Monitor & evaluate impact
In coordination with system actors across the state's legal ecosystem, establish clear and intentional mechanisms to monitor the impact of authorized justice practitioner programs on access to justice, client satisfaction, and legal outcomes.
Build awareness & education of AJP programs
Promote public awareness of the roles and capabilities of ALPs and CBJWs in providing legal services, so members of the public can make informed decisions about their legal representation options.
Get started with authorized justice practitioner programs
Interested in learning more about how AJP programs can increase the availability of legal assistance in your state and community? Our team is here to help.
[1] https://iaals.du.edu/projects/allied-legal-professionals
[2] https://iaals.du.edu/blog/diverse-landscape-community-based-justice-workers
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