Securing “civil Gideon” – expansion of the right to counsel into areas of civil law – would be a “pyrrhic victory” if modeled on New York State’s current implementation of the landmark right to counsel decision Gideon v Wainwright. This was part of the message delivered by the executive director of the New York State Defenders Association today. He testified at a State Senate hearing on “IOLA and the Future of Civil Legal Services in New York State.”
Jonathan E. Gradess – who also directs the Justice Fund and is our Campaign Manager – noted that the clients of public defense lawyers are often the same individuals and come from the same communities as those who need but cannot afford civil legal services. Then he described an idea discussed twenty-five years ago: State-supported holistic legal services (neighborhood law offices) functioning as corporate counsel for the poor to identify and address a range of legal needs. Such a stable, state-level entity, he said, “could function as an advocate for poor people’s legal services in criminal and civil matters, oversee delivery of such legal services, and be the conduit for disbursing funds (to legal services programs, legal aid offices, volunteer lawyer programs, etc.) with real client accountability.“ The Independent Public Defense Commission could be broadened to encompass this concept, he noted. Gradess asked those holding the hearing to consider these broad ideas and to commit to substantial annual fiscal support for civil legal services.
Friday, January 8, 2010
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I for one am a staunch supporter of the Civil Gideon Movement. Poverty imprisions just as surley as iron bars, and there are many instances where indigent folks are denied access to the courts in civil matter.
ReplyDeleteRight now my husband is going through it. He hired a lawyer to prosecute a case against a thieving partner. As a result of the thievery he went bankrupt. Mid-way to trial his lawyer got permanently disbarered. Now he is placed in the untentable position of having to prosecute his own case. He asked repeatedly for assignment of counsel on the grounds that he could not afford another attorney, and that he was not qualified to represent himself due to the fact that he had no understanding of the law and ALSO has mental disabilities that prevent him representing himself. He even had ahis doctor and a psychologist write a letter for him verifying this fact. Neverthelss, the judge denied his request. We are instructed to be ready to proceed to trial this march. My husband is terrified at the prospect of having to self-litigate his case and it is making worse his already diminished state of mental health.
His case has merit and involves over $300,000 and a five unit apartment complex. Any lawyers out there that would be interested in taking his case...we are in the Albany, Ny area. Call Chris at (518) 753-7791
This is a PERFECT case for an advancement in the civil gideon movement. Thank you.
Thank you for your comment. There are many cases that demonstrate the difficulties people face when they have to represent themselves in court.
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