Guest Posts

The pandemic has affected our civil justice system in many ways, yet perhaps the most important role access to justice entities can play in the near future is to advocate for the retention of remote access systems for court appearances as well as for the delivery of legal and self-help services.

2020 revealed that most of us are swimming naked when it comes to our ability to meaningfully access our justice system. 2020 certainly exacerbated issues, but its true effect and power was revealing our society’s not-so-secret dirty secrets: systemic racism, growing income inequality, the failing U.S. healthcare system, and a justice system that only serves a small minority of Americans.

In June of this year, HiiL surveyed thought leaders in the justice sector about what it would mean to deliver justice during the COVID-19 crisis. The goal was to collect real-time data about justice needs and innovative responses to the pandemic, including the kinds of problems expected to increase and the ways justice institutions in various countries were already responding to them. 

On the whole, 2020 was a quiet time for state judicial elections, at least in comparison to recent years. Fewer sitting judges were directly targeted for removal, and most of the efforts to oust judges failed at the ballot box. But even quiet years have standout moments, and the recent election cycle brought several noteworthy developments.

It’s time that the delivery of legal services reflected the reality of innovation and progress we see in every other field—medical, financial, engineering, and everything in between—giving everyone greater access to legal services.

In response to the aftermath caused by COVID-19 to businesses throughout the state of Rhode Island, the state’s Superior Court implemented a Business Recovery Plan with the goal of preserving businesses as they climb through recovery and stabilize their operations and accounts.

Judges must be held accountable for conduct that violates their codes of conduct and governing laws. A recent Reuters report on judicial misconduct, while not quite comprehensive, is an important reminder that we need to know more about this topic that is arguably central to public trust and confidence and—more importantly—justice and the rule of law.

Professional ethics rules have long prevented judges from speaking about their rulings and opinions. However, beginning next month, California state judges will be able to comment directly on pending cases—their own or those of a judicial colleague—in connection with a judicial election or recall campaign. 

The COVID-19 pandemic poses unique challenges to lawyers and law students alike. For many students enrolled in live-client clinics, the challenges of meeting their clients' needs in a transitional environment are particularly demanding. Yet these law students in clinical programs have a unique opportunity to rise to the occasion.

The United States of America leads the world in many areas of democracy, technology, economy, and culture, but what holds back American citizens from accessing justice when they need it? In times of extreme uncertainty, such as the current COVID-19 pandemic, this is a critical question.