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OPINION: Commission seeks input on access to justice

James Jeremiah Shea | Hagadone News Network | UPDATED 9 years, 3 months AGO
by James Jeremiah Shea
| October 18, 2015 6:00 AM

For most of us, life will necessitate at least one interaction with the court system. Unfortun-ately, for many Montanans, this interaction often comes in time of crisis. 

Many obstacles prevent those in need of legal assistance from obtaining it: the expense of hiring an attorney, the lack of free and reduced-fee assistance, inability to access telephone and web services, and the very vastness of Montana compound these difficulties. The ordeal of escaping an abusive relationship or the anxiety faced by a veteran looking for mental health care should not be accompanied by the fear of not knowing where to turn for help.

Statistics show that 167,000 low- and moderate-income Montanans have at least one legal problem per year. These Montanans commonly fall into the “justice gap,” finding no help for their legal issues. Concerns often revolve around basic needs such as safety, health, shelter, food, education, or employment.

Consider the Vietnam vet threatened with eviction when, as a result of PSTD, he struggles to comply with rental regulations; the elderly woman who needs a will to ensure her disabled daughter will be provided for after her death; or the victim of domestic violence who faces spiraling threats to safety, health, shelter and even job security due to missed work from resulting injuries.

Consider too the flip side of each of these scenarios — the costly challenges faced by the landlord, the state, and the employer when individuals face critical life issues without basic legal assistance. All of society suffers when basic legal needs are not met.

The Montana Supreme Court’s Access to Justice Commission seeks to recognize and address weaknesses in the accessibility of the court system. Research shows that unmet legal needs affect especially vulnerable populations: victims of domestic violence, people affected by mental illness or physical disability, Native Americans, persons with limited English proficiency, the elderly and veterans.

Important strides have been made through the statewide Court Help Program to assist Montanans who do not have an attorney to navigate their way through the legal process. The Court Help Program has provided information and legal forms to thousands of Montanans to enable them to address their issues in the court system and to improve the efficiency of the courts for all court users.

Still, when individuals need legal advice or assistance, many have nowhere to go. In 2014, organizations that assist low- and moderate-income people were able to provide legal services to fewer than one in ten Montanans requiring civil legal aid. The commission aims to increase the availability and types of legal assistance available to these populations, to expand legal services in rural areas, and to foster collaboration between legal providers.

The Access to Justice Commission will host a public forum series to assess improvements that have been made and to address the development of our civil justice system in order to better serve all Montanans. On behalf of the Supreme Court, I invite you to join me at this week’s forum in Kalispell. The forum will take place on Wednesday, Oct. 21, from 4-6 p.m. in Room 139 of the Arts & Technology Building at Flathead Valley Community College.

The public is encouraged to share stories and ideas with our panel, which will include community leaders and local judges. The panel will discuss how to make better use of legal services that are currently available. Montanans are asked to participate in order to help the commission better understand the challenges still facing Montana’s court system and to find practical solutions.

Montanans seek resolution in our court system of the most important issues of their lives. Narrowing Montana’s substantial justice gap will help ensure justice for all, regardless of income level, location, or status. Please consider attending the forum to help address the problems and work towards a better future for all of Montana.


James Shea, of Helena, is a Montana Supreme Court justice.

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ARTICLES BY JAMES JEREMIAH SHEA

October 18, 2015 6 a.m.

OPINION: Commission seeks input on access to justice

For most of us, life will necessitate at least one interaction with the court system. Unfortun-ately, for many Montanans, this interaction often comes in time of crisis.