Access to Civil Justice Commission - Administrative Order

The following order was signed by Florida Supreme Court Chief Justice Jorge Labarga on November 24, 2014.

WHEREAS, the American and Florida judicial systems are founded upon the fundamental principle that justice should be accessible to all persons, the advancement of which is of profound interest to the Supreme Court of Florida; and

WHEREAS, access to civil justice for lower income and disadvantaged persons is a critical challenge for the legal system, especially in difficult economic times; and

WHEREAS, the number of self-represented litigants has increased significantly over the past decade with the majority of family law matters in most states now including at least one unrepresented party, some of whom are unable to prepare court documents and effectively present their positions in court proceedings; and

WHEREAS, the population that is eligible for Legal Services Corporationfunded legal services has grown dramatically in recent years while at the same time federal funding for the Legal Services Corporation declined approximately seventeen percent from 2010 to 2012; and

WHEREAS, the Florida Interest on Trust Accounts Program also provides funds in support of legal assistance for the poor but is experiencing severely reduced revenue as a result of historic low interest rates; and

WHEREAS, the Florida state courts have diligently endeavored since the 1990’s to develop forms, instructions, and other self-help resources in order to afford fair and timely resolution of cases involving self-represented family law litigants; and

WHEREAS, other entities in the Florida justice system have likewise endeavored within their respective scope of authority to improve the availability and delivery of judicial and legal services to lower income, disadvantaged, and self-represented individuals; and

WHEREAS, despite these noteworthy and substantial efforts, Floridians continue to encounter barriers when seeking meaningful and informed access to the civil justice system; and

WHEREAS, the Supreme Court of Florida recognizes the importance of responding to the unmet legal needs of low and moderate income Floridians, the increasing complexity of civil legal services delivery, the importance of access to civil justice in the proper functioning of our democracy, and the need for leadership and effective coordination of access to civil justice efforts in Florida; and

WHEREAS, approximately thirty states and the District of Columbia have established access to justice commissions for the general purpose of collectively identifying and removing barriers to civil justice for low-income and disadvantaged persons; and

WHEREAS, many organizations throughout the state share a commitment to improving access to justice and, as the head of the judicial branch, the Supreme Court of Florida is the logical entity to create a commission to study access and serve as the umbrella organization for efforts to enhance access to civil justice in Florida.

NOW, THEREFORE, the Florida Commission on Access to Civil Justice is hereby established to study the remaining unmet civil legal needs of disadvantaged, low income, and moderate income Floridians. In conducting its work the Commission should consider Florida’s legal assistance delivery system as a whole, including but not limited to staffed legal aid programs, resources and support for self-represented litigants, limited scope representation, pro bono services, innovative technology solutions, and other models and potential innovations. The Commission should encompass the viewpoints of multiple constituencies and stakeholders and not be limited to those of any one particular institution.

During its term, the Commission shall perform the following tasks:

1. Provide a forum for discussion among the judicial branch, legislative branch, executive branch, the civil legal services and pro bono community, Bar leaders, funders, the business community, and other interested stakeholders, about issues affecting access to civil justice for disadvantaged, low income, and moderate income Floridians.

2. Identify and examine barriers that impede access to civil justice for disadvantaged, low income, and moderate income Floridians.

3. Determine how to promote coordination of legal services delivery to low income Floridians, for optimum efficiency and effectiveness.

4. Consider and evaluate components of a continuum of services for the unrepresented, taking into account consumer needs and preferences. Such components might include interactive forms; unbundled legal services; the involvement of court, law, and public libraries; and other innovations and alternatives.

5. Examine ways to leverage technology in expanding access to civil justice for disadvantaged, low income, and moderate income Floridians.

6. Identify and build partnerships among the courts, members of the private bar, providers of legal services, and other stakeholders who are engaged or interested in expanding access to civil justice for disadvantaged, low income, and moderate income Floridians.

7. Examine how available resources might be maximized and identify how additional resources might be procured in order to provide stable funding in support of services that enhance access to civil justice for disadvantaged, low income, and moderate income Floridians.

The Florida Commission on Access to Civil Justice shall submit an interim report to the Court no later than October 1, 2015, and a final report and recommendations to the Court no later than June 30, 2016. Copies of the interim and final reports should also be provided to the Governor of Florida, the President of the Florida Senate, and the Speaker of the Florida House of Representatives. In its final report, the Commission should include recommendations on the need for the establishment of a permanent access to justice commission in Florida.

Members have been selected based upon their experience within the Florida justice system and their anticipated commitment. These individuals offer a diversity of perspectives and expertise that will enable the Commission to meet its overall mission and specific objectives. The following persons are hereby appointed to the Commission for terms that expire on June 30, 2016:

The Honorable Jorge Labarga, Chair
Chief Justice, Supreme Court of Florida

Be Ever Vigilant in 2014

Mainstream media's steady drum beat -- the economy has recovered – the Great Recession is over.. Unemployment is down. Home sales are up. GDP is expanding. In 1995, the Atlantic Monthly online published an article titled - “If the GDP is Up, Why is America Down?”Good question then, an even better question now.

GDP – Gross Domestic Product – is the primary indicator of economic well being. GDP measures all economic activity of a given economy, the United States, for example. It is a clumsy method of measurement. Since GDP includes all economic activity, productive and destructive economic activity are added together and dumped in the same pot. Increased medical costs; ever larger law enforcement budgets; building more prisons; cigarette sales; alcohol sales; gambling; strip clubs; promotion of fast food and unhealthy foods; spending for deferred maintenance of infrastructure. Citizens are consumers. We are no longer producers. Everything is monetized. The things that families and communities do for each other, are never measured at all. The intangible, the free assistance, the neighbor to neighbor help is never included, never measured, never mentioned.

Unemployment – According to mainstream media Florida unemployment is at 6.4% - not bad. However, my sources tell me that the quality of the jobs is sub par. There are many part time workers, not out of choice, but because part time work is all they could find. Others are underemployed, college graduates working at low level jobs, because that's all there was available. If you don't have a connection, a relative who owns a business or can influence hiring it's tough. Hardest hit are the twenty somethings who are now competing with older more experienced workers for the same low paying job. And don't forget all those who have given up hope of ever finding work, and rely on their family, government, or the underground economy to support themselves.

Housing Market – According to mainstream media, the Florida housing market has recovered; or at the very least is well on its way to recovery. There is a shortage of inventory (that's houses). Interest rates are low. Around two thirds of home buyers pay cash. However, there is a second side to each and every one of these statements. The inventory shortage is caused by the lack of new construction due to the lack of demand; and foreclosed and bank owned homes that were allowed to deteriorate after the homeowners left. Cash is king in home buying, and much of the cash is foreign cash. Even Florida residents with good credit who easily qualify for a new mortgage are edged out by a cash buyer. And interest rates are still low, Except for government backed loan programs like FHA and VA, home buyers need a credit score of at least 620. For some people, a 620 credit score may be easy to achieve, however, many people took a credit score beating due to job loss, causing a domino effect to their personal finances. And although, as the Miami Herald reported in August 2013, that new foreclosure filings were down in Miami-Dade and Broward Counties, but auction notices and bank repossessions were up. More people out of their homes.

My post on this blog – Civil Indigent Status – Florida - – has had more traffic by far, than any of my other posts. Likewise, of the top ten keywords used to reach www.faldp.org – six of them included indigent or indigent status as part of the key word. Our world financial crisis is far from over, although there are pockets of improvement. I have high hopes for this year – and suggest that we all be vigilant. Look past the headlines, ask the questions, show compassion for others, and be ever vigilant in protecting you and yours from financial disaster.

Civil Indigent Status - Florida

The law affects every aspect of life. Every aspect – think about it. I can't think of a single act, scenario, or situation that does not have a set of laws surrounding it. Birth, death, taxes, ownership, marriage, divorce, business, real estate, and on and on. I can't think of one single thing that doesn't have laws to go with it. It's a modern world, and we live by laws. Its fine, it is our system, it mostly works. Better to live by laws, than by force or chaos.

But when it costs money to use the law and the price is too high for some, there is a problem. The filing fee for a Florida divorce is $408. Considering that someone earning minimum wage @ $7.25 per hour, earns a gross weekly wage of $290. Filing for divorce might require robbing poor old Peter. If that minimum wage job is meant to support more than one person, Peter and others must be robbed.

You might say, well no one has to get a divorce – its not a necessity. A couple could wait to divorce until money was not such a problem. That may be true, but why should someone have to put their life on hold for lack of a filing fee? And although divorce is not a necessity it is usually the most practical thing to do once it becomes clear that the marriage is not going to ever work. Couples who separate and do not divorce create a whole new set of problems for themselves. What if the woman has a child from the next relationship, but is still married to the first one? What if one or the other wants to remarry and then has lost track of their spouse?

There is a solution to the unreasonably high cost of filing fees and court costs. Consumers can file a form called – Application for Determination of Civil Indigent Status. I don't know exactly why it is kept such a secret. I suspect that the court clerks are told that they must provide consumers with the form for indigent status if they ask for it; but are also told not to volunteer the form or the information. A search for this form and various associated search strings used to find it are some of the most frequent key words that land people on our association site – The Florida Association of Legal Document Preparers – www.faldp.org.

Civil Indigent Status applies to other types of law suits besides family law, including small claims, general civil, and landlord/tenant. There is a similar indigent application form for a criminal case to request a public defender. In civil law suits, if a consumer has an income less than 200% of the federal poverty guidelines; and minimal assets, he, is likely eligible for civil indigent status. Indigent status allows the clerks of court to waive filing fees and court costs. The consumer would only have to pay a one time $25.00 administrative fee. The following pertinent part of the Florida Statutes states which court costs are waived:

57.081 Costs; right to proceed where prepayment of costs and payment of filing fees waived.—

(1) Any indigent person, ... in any judicial or administrative agency proceeding or who initiates such proceeding shall receive the services of the courts, sheriffs, and clerks, with respect to such proceedings, despite his or her present inability to pay for these services. Such services are limited to filing fees; service of process; certified copies of orders or final judgments; a single photocopy of any court pleading, record, or instrument filed with the clerk; examining fees; mediation services and fees; private court-appointed counsel fees; subpoena fees and services; service charges for collecting and disbursing funds; and any other cost or service arising out of pending litigation. ... A party who has obtained a certification of indigence pursuant to s. 27.52 or s. 57.082 with respect to a proceeding is not required to prepay costs to a court, clerk, or sheriff and is not required to pay filing fees or charges for issuance of a summons.

The process and guidelines are further explained in Florida Statute 57.082 - Determination of Civil Indigent Status. The determination of indigent status is made by the clerk of court. If a consumer believes he was wrongfully denied indigent status, he may appeal to the judge.

The U.S. Supreme Court opinion, Boddie v. Connecticut, 401 U.S. 371 (1971), delivered by Justice Harlan, states: “At its core, the right to due process reflects a fundamental value in our American constitutional system. Our understanding of that value is the basis upon which we have resolved this case. Perhaps no characteristic of an organized and cohesive society is more fundamental than its erection and enforcement of a system of rules defining the various rights and duties of its members, enabling them to govern their affairs and definitively settle their differences in an orderly, predictable manner. Without such a "legal system," social organization and cohesion are virtually impossible; with the ability to seek regularized resolution of conflicts, individuals are capable of interdependent action that enables them to strive for achievements without the anxieties that would beset them in a disorganized society. Put more succinctly, it is this injection of the rule of law that allows society to reap the benefits of rejecting what political theorists call the "state of nature."

The court found that it was an unconstitutional denial of due process for the court to prohibit consumers from divorcing due to the high cost of filing fees and court costs. Only the government is authorized to divorce couples, there is no other way to get divorced than to go through the court system. And because the government has a monopoly on granting divorces, the court must allow indigent people to divorce. The court recognized divorce as a fundamental right, similar to the right to marry.

If you are a consumer please let others know about this process. If you are a legal document preparer please inform your customers who are struggling to pay for services. Whenever I am assisting a customer with their legal documents, and they are struggling to pay document preparation fees, I make sure to include the Application for Determination of Civil Indigent Status. In this economy, a little financial help may help someone more than you can imagine.