About the California Access to Justice Commission

The Access to Justice Commission’s goal is to help create a justice system in which every Californian has a fair opportunity to access justice, to understand their rights and obligations, and to obtain an appropriate remedy when faced with a legal problem. To do so, the Commission facilitates collaboration among the courts, the Bar, and the public, including all three branches of government and stakeholders throughout the state, to create a continuum of services that addresses the full scope and span of legal need in California.

Identifying existing needs, gaps and challenges is a first step to facilitating improvements such as expanded language access, lay-friendly forms and processes and simplified rules and processes. The Commission, in collaboration with relevant stakeholders, proposes revisions to existing rules and practices in courts that may unintentionally exclude people with disabilities, those who face discrimination, and members of other vulnerable communities. To provide additional resources, the Commission supports enhancing services such as self-help centers, navigators and small claims advisors; appropriate language assistance in courts, administrative agencies, legal aid programs, libraries, and other community agencies; and encouraging mediation, negotiation, and other ways to resolve issues outside of the courtroom.

Well-funded legal aid is a critical component of the continuum. The Commission supports expanded funding for the chronically underfunded legal aid delivery system. To supplement that funding, and provide services that legal aid cannot, the Commission encourages attorneys, paralegals and others to offer pro bono assistance for the indigent. But to truly advance the availability of services, the Commission also works with the legal aid community to strengthen the infrastructure, expand collaboration, and support innovation in the delivery of legal aid.

The gaps in access to counsel include persons with incomes below the poverty line and those who still cannot afford representation, but do not qualify for legal aid services. As a result, the Commission encourages lawyers to offer low-cost legal representation, including reduced rate and limited scope legal assistance where appropriate, and provides materials that can help those lawyers operate an effective and efficient low-cost law practice serving a modest means clientele.

Civil right to counsel, sometimes called “Civil Gideon,” refers to the idea that people who are unable to afford a lawyer in legal matters involving basic human needs—such as shelter, food, safety, health, child custody, and incarceration—should have access to a lawyer at no charge. The Commission supports efforts to create and sustain a right to counsel for indigent litigants in appropriate civil cases.

Creating expanded services will only be effective if individuals needing assistance know that it is available and how to access it and have confidence that it can effectively address their issues. Accordingly, the Commission supports expanding locations where information is available, increasing the availability of information in languages other than English, and improving the effectiveness of referrals. Enhancing existing referral systems and facilitating access to those referrals by developing triage guidelines and providing training to community providers is a Commission goal, as is researching and developing tools to effectively communicate with the general public about legal issues.