MISSION OF THE PHILADELPHIA BAR ASSOCIATION’S CIVIL GIDEON AND ACCESS TO JUSTICE TASK FORCE
In 2009, Chancellor Sayde Ladov formed the Philadelphia Bar Association’s Civil Gideon and Access to Justice Task Force (“Task Force”). The mission of the Task Force is to investigate and consider all aspects of an effective system of civil Gideon in Philadelphia, including the development of concrete and practicable proposals to advance the implementation of a civil right to counsel in those areas of adversarial civil proceedings where basic human needs are at stake. In a Resolution
adopted by the Board of Governors in April 2009, the Task Force was charged with examining civil Gideon efforts underway in other states, developing strategies for implementing civil Gideon in Philadelphia and making recommendations in two areas of basic need: cases involving the loss of shelter and child custody.
In November of 2009, the Philadelphia Bar Association’s Board of Governors adopted the Task Force’s Preliminary Report, Findings and Recommendations,
which endorsed the development of pilot projects in eviction and mortgage foreclosure defense and custody cases as well as the development of an education and communications plan to inform the legal and public community about the critical need to expand the right to counsel for low-income people faced with the threatened loss of these basic needs. This web site was developed in 2010 to further the mission of the Task Force to educate the legal and public community about the need for civil Gideon in these critical matters. Click here
to read more information about the Task Force’s activities in 2012.
WHAT DOES CIVIL GIDEON MEAN?
The legal community and public often ask, “What does ‘civil Gideon’ mean?” In the landmark United States Supreme Court case of Gideon v. Wainwright
, 372 U.S. 335 (1963), the Supreme Court decided that indigent defendants have a constitutional right to be represented by an attorney, at no charge, in state criminal cases. The term “civil Gideon” refers to a growing national movement that has developed to explore strategies to provide legal counsel, as a matter of right and at public expense, to low-income persons in civil
legal proceedings where basic human needs are at stake, such as those involving shelter and child custody.
The National Coalition for a Civil Right to Counsel (NCCRC) maintains a web site
that provides additional information about the civil Gideon movement as well as articles, resources and other information about current litigation, legislation and related efforts and strategies nationwide to expand the right to civil counsel. The NCCRC was formed in 2003 to facilitate collaboration among advocates nationwide and provide training, research and other support to legal services programs, bar associations, law schools, private law firms, and others in their local efforts to establish a civil right to counsel.
HOW CAN WE MAKE CIVIL GIDEON HAPPEN?
There are a number of insightful studies and reports from across the nation that address the urgent need for legal representation for low-income individuals in cases where basic human needs are at stake and illustrate the economic and societal benefits and cost savings achieved by providing such legal services.
In addition to researching the specific need for civil Gideon in Philadelphia, conducting research and developing pilot projects to evaluate potential methods for providing legal representation in the housing and child custody areas, the Task Force will take these studies from across the nation into account in developing specific proposals for structuring and developing funding to implement civil Gideon.
to read these studies and reports.
LOCAL NEWS AND DEVELOPMENTS
- Public Hearings Legal Services to be Held on May 23 by Senate Judiciary Committee!
- "Civil Justice Gap" Stories from Low-income Pennsylvanians Without Legal Representation to Highlight Public Hearing of Pa. Senate Judiciary Committee May 7
On November 13, 2012, a Chancellor’s Forum on the Civil Justice Gap was held at the Association’s headquarters. Panelists included Judge Anne E. Lazarus (seated from left), Judge Fern A. Fisher, Karen C. Buck, Louis S. Rulli, Senator Stewart J. Greenleaf, Chancellor John E. Savoth and Joseph A. Sullivan. Click here to listen to a podcast and here to read an article about the program.
- An article entitled “Money Well Spent: The Value of Civil Legal Assistance to the Poor,” written by Louis S. Rulli, published in The Philadelphia Lawyer, Fall 2012 edition, is available here.
- May, 2012, The Pennsylvania Legislative Budget and Finance Committee released a Performance Audit of Pennsylvania's Access to Justice Act. Click here for an executive summary of the Performance Audit and here for a copy of a press release from AOPC.
- March, 2012, an op-ed article entitled, "Cuts to legal aid harm the justice system," written by Gerald McHugh and James DeAngelo, published in The Patriot News, outlines the impact of funding cuts to civil legal services in Pennsylvania.
- June, 2011, the Honorable Jonathan Lippman, Chief Judge of the State of New York, was the featured keynote speaker at the June 27 Quarterly Meeting & Luncheon. Click here to see Judge Lippman meeting with members of the Civil Gideon Task Force. Click here to listen to a podcast of the program and here to read Chancellor Rudolph Garcia's column in the May 2011 edition of the Bar Reporter, entitled "Equal Justice for All is Goal with Bar’s Support of Civil Gideon." Click here to read an article about the program published by the Legal Intelligencer. Click here to read Chief Judge Lippman's remarks.
- An article entitled, “Filling Gideon’s Empty Chair,” written by Michael J. Carroll and Louis S. Rulli, published in The Philadelphia Lawyer, Winter 2011 edition, is available here.
- On November 19, 2010, the Philadelphia Mortgage Foreclosure Diversion Program Highlighted at White House Event. Click here for more information.
- The 2010 Goals of the Philadelphia Bar Association’s Task Force are set forth in a recent article entitled, “Task Force Looks at Benefits of Civil Gideon,” published in the March 2010 edition of the Bar Reporter, which is available here.
National News and Developments
- June 2011 U.S. Supreme Court decision in Turner v. Rogers
- January 2011 Maryland Access to Justice Commission Recommendations for Implementing A Civil Right to Counsel in Maryland and Fiscal Narrative
- January 2011 ABA files U.S. Supreme Court amicus brief in Turner v. Rogers, urging the appointment of counsel in all civil contempt cases for the indigent.
- January 3, 2011 National Law Journal article, “ Perfect Storm Hits Legal Aid,” discusses nationwide reductions in IOLTA revenue and funding shortfalls for legal aid organizations.
- December 19, 2010 New York Times Editorial, “A Practical Push for Civil Legal Services”
- November 28, 2010 New York Times Article, “Judge’s Budget Will Seek Big Expansion of Legal Aid to the Poor in Civil Cases”
- November 2010 Task Force to Expand Access to Civil Legal Services in New York Report to the Chief Judge of the State of New York.
- September 30, 2010 Petition submitted to Wisconsin Supreme Court urges the adoption of a court rule requiring the appointment of counsel in cases involving basic human needs. Click here to read article in The Milwaukee-Wisconsin Journal Sentinel.
- June 28, 2010 Abel, Laura, Evidence-Based Access to Justice (June 28, 2010). University of Pennsylvania Journal of Law & Social Change, Vol. 13, p. 295, 2010.
Catherine C. Carr
Community Legal Services of Philadelphia
1424 Chestnut Street
Philadelphia, PA 19102
Joseph A. Sullivan
Pepper Hamilton LLP
3000 Two Logan Square
Eighteenth and Arch Streets
Philadelphia, PA 19103