The role of state courts in furthering access to justice

We know that state courts, where more than 70 million cases are brought every year (accounting for over 95% of all cases in the United States), play a critical role in advancing justice. While courts and justice partners have made tremendous progress toward ensuring that people with legal problems can access the court system, there is still work to be done. 

Too many barriers still prevent community members from using the justice system to resolve their everyday legal problems. Some common barriers include: 

• Complexity of the law and legal process
• Power imbalances between ordinary people and repeat system players who are experienced, well-resourced, and typically have legal counsel
• Cost and difficulty of finding a lawyer, especially in rural areas, or accurate legal information
• Lack of trust and confidence in the justice system
• Competing demands on limited time and resources 

These barriers result in unmet needs for many who require just resolution in a court of law. Every year, tens of millions of people experience issues — including eviction, wage theft, debt collection, child custody, domestic violence, and much more — that implicate the law. There is more work to be done to make sure that the legal system is accessible, inclusive, and effective for all people who need it regardless of income, race, gender identity, sexual orientation, immigration status, disability status, language need, technological skill, or any other individual factor. 

Through collaboration among judges, court staff, lawyers, legal aid organizations, law schools, authorized justice practitioners, other branches of government, and community-based organizations, courts can play a crucial role in advancing access to justice for all. 

What is access to justice?

A person facing a legal issue has access to justice when they have timely and affordable access to the amount and type of legal help required for a fair outcome based on the merits of the case. At the conclusion of the proceeding, the person can walk away believing that the legal system treated them fairly, even if the outcome was not in their favor.^[1]

What is justice for all?

Justice for all means that all people have the information and help that they need to address their legal needs in a time and format that they can use. 

How do we achieve access to justice? 

Access to justice does not have a simple solution. Achieving access to justice means overcoming simple to complex issues by implementing many strategies and coordinating efforts between multiple stakeholders. It requires leveraging new technology carefully and thoughtfully, while also taking the time to first develop and improve the underlying systems and resources. It requires identifying what all court users need and providing a combination of high-touch, individualized support alongside broad process improvements. 

What are the results of justice for all? 

Achieving justice for all means that everyone, including communities of color, litigants with limited English proficiency, individuals with disabilities, people experiencing poverty, and rural community members can use the court system to protect and exercise their legal rights. It means a legal system that every community member can easily understand and navigate, whether they choose to do so on their own or with help. It means a court system with processes that support the work of judges and court staff. And it means increased trust and legitimacy in the legal system.

Conclusion

As the Conference of Chief Justices and Conference of State Courts Administrators reaffirmed in Resolution 3, Courts must provide meaningful access to justice for all. This is not an easy task, and change is often incremental. We know that courts are constrained by local, state, and federal laws; relevant precedent; and funding limitations. We are here to provide support for courts as they navigate these realities by providing targeted assistance, developing new programs and resources, sharing best practices and training materials, and identifying opportunities for partnerships with the local community. 

Our work is critical in assisting courts and their partners to be more community-connected, user-friendly, accessible, and welcoming for all people facing legal issues. Access to justice requires creativity, collaboration, and connection, and we work alongside courts in pursuit of this goal.