California: Poor residents get the right to an attorney in civil matters

[WSJ_law_blog]

‘Civil Gideon’ Law Gets Off Ground in Golden State



The U.S. Supreme Court, in its famed Gideon v. Wainwright case, unanimously ruled that state courts are required under the Sixth Amendment to provide counsel in criminal cases for indigent defendants.

For years, access-to-justice advocates and others have argued that such a right-to-counsel should extend to certain civil cases as well.

Those advocates have gotten their wish, at least in California. A new California law, signed this month by Gov. Arnold Schwarzenegger, gives poor residents the right to an attorney in civil matters such as child custody and foreclosure. Click here for Tamara Audi’s story in the WSJ.

“This is a really big step forward,” said Richard Alderman, associate dean and director of the Center for Consumer Law at the University of Houston. “Everyone will be watching it.”

The program is bold, especially given the state of the national economy. California’s law will be funded by a pre-approved $10 increase in some court fees. Those living at 200% above the federal poverty guidelines or less will be eligible for free legal services. For a family of four, that means an annual income of $44,100.

California’s Judicial Council, the policy-making body of the state’s courts, says around 4 million people represent themselves in California civil matters. Many who need the help “have a valid defense, they just have no idea how to present it,” said Debra Gardner, coordinator for the National Coalition for a Civil Right to Counsel.

How will the program work in practice? It’s hard to say, but legal-aid lawyers around the U.S. say they are overwhelmed with cases, especially as foreclosures and evictions rise. And critics like Ted Frank of Overlawyered think the law could cause even more waste in the court system.

Frank says, for instance, that landlords will have a harder and more expensive time carrying out legitimate evictions, which may cause rents to rise.

“What is clear is that you will never have a simple eviction because every single one of them will be litigated,” Frank says. “The rest of the poor will be worse off because that.”