Finding ways to fill Florida’s “justice gap” isn’t a short-term project.
There isn’t a quick-fix to improving access to the legal system for those who either can’t afford it or don’t know how.
Even if the Florida Commission on Access to Civil Justice had made large strides in helping Floridians in need, the problem isn’t going away — and now the commission believes it needs to stay, too.
Florida Supreme Court Chief Justice Jorge Labarga said Friday his belief in that has only grown stronger. Supreme Court Justice Barbara Pariente called a permanent commission a “no brainer.”
Closer to home, advocates and commission members Jim Kowalski and Donny MacKenzie are strongly on board.
“The country is looking at us,” said MacKenzie, the 2015-16 Florida Bar Foundation president. “We need to finish the work.”
The Holland & Knight partner has served with the commission since it was established in November 2014. He said in that time he’s learned people vaguely understand and realize the need for people with low and moderate incomes to be able to access legal services. However, society still has to be convinced it’s something that needs financial help.
Kowalski, Jacksonville Area Legal Aid’s executive director, sees states like New York and Texas taking proactive approaches to the issue.
“This should be an active think tank,” he said.
The commission will make that request as part of its final report to the full Supreme Court in the coming months.
Meeting Friday in Jacksonville, the commission began that process by hearing from subcommittees dealing with issues like access, technology and funding.
While Florida’s overall access issue still is a plight, Kowalski and MacKenzie have been part of a team that has made headway for a local pilot program that could end up serving as a statewide model.
The two describe the Clay County pilot program sort of like an air traffic controller at an airport — the goal is to guide users promptly and efficiently to their destination. Users dealing with landlord-tenant and family law issues would log on to the pilot website and answer a series of questions about their situation. Based on those answers, they could be guided to a legal services organization, attorneys who can help or self-help documents that might prevent the need for the courtroom altogether.
Kowalski referred to it as the “front door of the digital courthouse.”
The Florida Supreme Court signed off on it in April. Mac-Kenzie said it should be online in two to three months and handle about 280 cases. In all, it should take about six months for intake and data review.
Clay County was picked because of its diverse demographics, including a large veteran population, along with the level of cooperation between the various legal entities.
Commission members also have an eye on a rule changes that could help access causes.
A change to The Florida Bar’s emeritus rule would allow retired attorneys, law professors and others to help with pro bono cases.
Currently, only a couple of dozen people can assist in pro bono cases the way the rule is structured. If changed, it could open it up to almost 3,500 people across the state.
Kowalski said that could be vital for cases his team works on because of funding issues.
“We have cases that are extremely paperwork intensive and no one to help,” he said.
MacKenzie said if approved, it could be in effect next fall.
Less straightforward is the cy pres change advocates would like to see help funding issues. Class action suits with money left over could be directed to causes like legal access services by the courts, should the rule change. That still needs help from the Legislature and courts before it bears any help, though.
However, if the Supreme Court signs off, the commission might be in a position to help see that and other issues through, because the problems are many with the solutions too few for now.
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