What Does Access to Justice Mean?

When significant barriers stand in between a disadvantaged person and justice, can we reasonably argue that they had equal access to the same justice system as their wealthier, more privileged counterparts in society?

In other words, what is "access to justice," and does everyone genuinely have equal access?

What is access to justice?

Trying to navigate through the law, its lengthy process, and its formalities all stand in the way of justice. There is also significant inequality between disadvantaged people when obtaining an influential, affluent, or experienced attorney. Then, try adding in the financial burden that already exists to hire an attorney, the genuine instilled fear that many people have of the government and its authority, the complexity of legal jargon, the importance of adhering to strict deadlines, etc.

As defined by the National Center for Access to Justice (NCAJ), access to justice is "the fair chance to secure your rights under the law." Access to justice means that a person:

1. understands the rights they have under the law,
2. understands how they can protect those rights,
3. can obtain a fair outcome, and
4. knows that the result will be enforced under the law.

The justice system and the law are involved in almost every aspect of our everyday lives. People face unfair evictions and foreclosures, unfairly get terminated from employment, get denied benefits and health care with no legitimate excuse, need restraining orders or the court's guidance for custody plans and child support. No matter which way you look at it, there comes a time when people need to face the justice system. Without access to justice, the rule of law and our justice system would be unfair towards everyone.

As it stands, the justice system needs significant improvement. Only about 3% of tenants facing eviction have a lawyer, for example, while their counterparts (landlords) have a lawyer in more than 80% of cases. These numbers also ring true in other types of civil cases, where litigation can change the circumstances of someone's life.

Steps to improve

What steps can the government and the courts take to improve access to justice significantly? A few ideas have been proposed, while others have already been put into practice in some areas of the U.S.

1. Offer help from lay navigators, which are laypeople who explain the court's procedures and outline the next steps in a case in a way that easier to digest.
2. Provide online software, technology, and resources that empower a tenant to start, or defend, a lawsuit by helping them draft and complete required legal documents online.
3. More resources and funding are needed so civil legal aid offices and private pro bono programs can match attorneys to cases for little to no charge at all.

We can also follow in the Office for Access to Justice's (ATJ) footsteps and encourage that the government and the courts:

1. More efficiently allocate justice resources
2. Create and promote new policy changes that will support the development of quality indigent defense and civil legal aid
3. Find alternative solutions that do not require as much lawyer-intensive and court-intensive work
4. Continue researching strategies that close the gap between the need for and the availability of quality legal resources and assistance by increasing access to the justice system

Conclusion

We promise equal justice under the law, but as the NCAJ has highlighted, this promise has often been left unfulfilled to the poor, disabled, and minorities of the United States.

For many, access to justice is the difference between physical safety, food, and shelter or physical harm, injury, homelessness, and even death. Whether it's a person being unfairly evicted, suffering through domestic violence, or battling through a child custody case, the least we can do as a society is ensure that they get equal access to the justice system they need—the same justice system that, on paper, swears to serve them.