A trip to the slammer comes with the right to a criminal public defender, but local and state officials say that many low-income people who end up before a judge for more common civil legal proceedings can face substantial financial barriers to successfully navigating the courtroom. 

A group of state and local judges, community organizations and others involved in the civil court system will meet Wednesday in Kalispell to discuss ways people can better access legal resources. 

The listening session is part of the Montana Supreme Court’s Access to Justice Forum, which will hold seven meetings across the state in the next year about making the civil courts more accessible. 

“All the studies we have conducted show that low- and moderate-income Montanans do have serious legal issues that do impact the most important parts of their lives — parenting, marriage, food safety, shelter,” Montana Supreme Court Justice Beth Baker said. 

Baker is the head of the Access to Justice Commission. “When people show up to court, their lives are in crisis and they are not served by delay,” she said.

Baker said a recently conducted study shows that there is a need for two additional judges in Flathead District Court to handle in a timely manner the number of cases filed each year. 

People who show up without appropriate paperwork often add to the court clog. 

“Many people are coming before judges without an attorney and that slows down the process for everyone,” Baker said. 

Baker said there are a number of programs available to help, but people often do not know they exist. She praised the Court Help Program that has assisted thousands of Montanans work their way through the court system since 2009. Part of the program includes online access to forms and another part includes six Self Help Law Centers  across the state.

An average of 17 people per day visit the Self Help Law Center in the basement of the Flathead County Justice Center in Kalispell. The center helps people who intend to litigate civil matters without the assistance of an attorney. 

Facilitator Linda Frank and two volunteer staffers work 10 hours per day, four days per week to help guide people through the legal process. A court order from Flathead District Court mandates that the office review any self-represented civil matters before they appear before a judge. 

“We are not attorneys and we are not allowed to give legal advice,” Frank said. “Our job is to triage the customer and direct them.” 

Frank said 80 percent of the people who end up in her office are trying to get a parenting plan or divorce decree. Others are working through guardianship issues, name changes, bankruptcies and debt collections. 

Almost all who use the center are there because of financial barriers.

“More than anything they are here because of finances,” Frank said. “They are in our office because they cannot afford what typically could be a $3,500 retainer for a parenting plan or a divorce.” 

Her office fields up to 30 phone calls per day in addition to walk-in and scheduled appointments. The most people she has seen in-person in the office during a single day is 29. 

Most people are from Flathead and Lincoln counties, although a few from Lake County also are served. 

Baker noted that the Self Help Law Centers have been a great asset but they can only do so much. Sometimes people can not be expected to tackle complex legal issues on their own. 

“They need an attorney,” Baker said. 

Last year Montana lawyers donated more than $19 million in pro bono services, Baker said.

She hopes the forum will help connect community partners who can facilitate better access to local resources while generating ideas to tackle the issue at a state level. 

“Ultimately we hope to put all of this information together in a more comprehensive manner and take some of this information to the Legislature and courts for a long-term solution to making sure everybody has equal access to our courts,” Baker said. 

Wednesday’s meeting will be from 4 to 6 p.m. in Room 139 of the Arts and Technology Building at Flathead Valley Community College. 

Participating will be Montana Supreme Court Justice James Jeremiah Shea, Flathead District Judge Heidi Ulbricht, Flathead Justice of the Peace Dan Wilson, Flathead District Court Clerk Peg Allison and past presidents of the Montana Bar Don Murray and Randy Snyder.   

Reporter Megan Strickland may be reached at 758-4459 or by email at mstrickland@dailyinterlake.com.