Legal Access - I don't know what it is but I'll know it when I see it. (I hope!)

I frequently write about legal access. Citizens' right to access the legal system. What does legal access mean? And how does it feel? Will we recognize it when we see it? I don't know. Back in 2009 mandatory mediation of foreclosures of homesteaded property was required. In 2010 the mandate was abandoned – http://www.discourse.net/2011/12/florida-supreme-court-axes-foreclosure-mandatory-mediation-program.html. The Department of Justice has created the Access to Justice initiative, which sounds like a great idea, their website is very nice. And their words well chosen. But, I still don't know.

A 2010 Huffington Post article by Dan Froomkin asks - “Why haven't more Americans successfully sued the banks that lured them into fraudulent mortgages, then foreclosed on them without the required paperwork?” Good question. The full article, “Access To Justice In U.S. At Third-World Levels, Says Survey” continues to state that the United States is among the lowest ranking country of all developed countries.

According to an article, “Pro bono attorneys provide legal guidance to community” published online and in the Daily Record, a group of Jacksonville attorneys hosted a legal phone in where anyone could call in and ask a legal question. The article states: “The purpose of the event was to assist the public with consumer law issues in the areas of foreclosure defense, bankruptcy, collections and garnishments”. And continues … “ During the two-hour news broadcast, the attorneys provided brief counsel and advice to approximately 115 callers.” Again, a start, but I still don't know.

What would access to the legal system feel like? What if a citizen could ask a legal question and get an answer for free? Or what if, after paying a court filing fee a citizen could ask the clerk what to do next and get an answer? What if an unwed father's paternal rights were fully established at a child support hearing? What if pro se litigants were extended the same respect as citizens represented by attorneys? What if there was no such thing as legalese? What if laws were written in everyday language?

One of the huge and obvious barriers to legal access is the cost. Legal document preparers are allowed to give legal information. Attorneys are allowed to give legal advice. Many people are quite satisfied with information, and do not need legal advice. The cost for having a legal document preparer prepare documents is about 10% of the cost of an attorney preparing the same documents. Are the services identical? No. Should they be? No.

We believe that as our industry gains credibility, and more citizens know that we exist, some of the financial barriers to legal access will come tumbling down. The legal document preparation industry is here to stay. We exist to serve consumers. We are niche businesses. And our niche is widening.

People United for Legal Systems Equality – P.U.L.S.E. has an online petition which begins:

“The Sixth Amendment to the U.S. Constitution has been interpreted to provide EVERY AMERICAN with the CONSTITUTIONAL right to self-representation, if they so choose. That privilege, like all other constitutional rights, should be enjoyed without fear of harassment, prejudice, or abuse. Furthermore, no law, regulation, or policy should exist to abridge or surreptitiously extinguish that right...” Click here to sign.

There is a second petition here - http://www.ipetitions.com/petition/faldp/

Please sign these petitions if you agree. We need your support. Our country's founding fathers believed that the establishment of Justice was a goal worth fighting for. We agree.

“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America”.

Guest Blog - The Legal Kidnapping of An Elderly Woman

This is about my Aunt Ida Marie Pavioni.

From the time that I was born, she was an integral part of my life. She was a Mother to me all of my life. Prior to her moving to Bradenton, Fla. in 2008, to live with me, she lived on her own in St. Louis, Missouri. She was employed with South Western Bell Telephone Company in St Louis Mo, for 59 years and was totally independent. She was a faithful servant to her Catholic faith and lived a totally independent life, all of her life.
Now, I desperately need help and justice for My Aunt! In April 2010, she was involuntarily removed from her home by Florida State authorities. Her freedom was taken from her through lies and misinformation by greedy family members and outside influencers. I was not allowed to see her during her incarceration until I agreed to give up the inheritance that my Aunt had made for me. Due to my own circumstances, I live on Social Security only; I had no money to even hire a lawyer to try to have my Aunt freed. There is a case that has been submitted to the Supreme Court for hearing that involves ALL of the individuals who were a party to my Aunt’s incarceration
A petition for Writ of Certiorari was filed with the U.S. Supreme Court on October 7, 2011, by Edward McGlynn Gaffney, Jr., Professor of International Law and Genocide Studies at Valparaiso University School of Law, on behalf of Beverly R. Newman and Lawrence T. Newman. Named in the petition are: Paul E. Logan and Jannette Dunning, judges for the Circuit Court of Manatee County, Florida; the Public Guardian for Manatee County doing business as Aging Safely, Inc., its CEO Jo Eisch, director Ashley Butler, and attorneys James Knowles and Erika Dine; professional guardian Herbert Schimmel and his lawyer Edwin Boyer; and Gerald O’Brien, former counsel for the petitioner.

Why is this petition important? Because it questions the legality of the Florida guardianship program under the Fourteenth Amendment Due Process Clause. According to the petition:

One question presented: Whether State guardianship and civil commitment proceedings that significantly diminish protected liberty and property interests of an incapacitated person violate the Fourteenth Amendment Due Process Clause, (1) where a State Judge and Public Guardian fail to provide adequate notice of the guardianship and civil commitment proceedings to family members who are willing and responsible caregivers of the incapacitated person, and (2) where the proceedings violate procedural safeguards for full and fair hearing by failure of court-appointed council to provide meaningful legal representation of the ward of the State throughout these proceedings, and by judicial exclusion of competent family members from meaningful participation in guardianship and civil commitment proceeding.

 She went from a vibrant woman, of 86, who was enjoying her life and retirement to the shell of a woman that she is now. Like Mr. Katz, my Aunt was denied her 14th Amendment Rights by the State of Florida. She demanded to be allowed to hire her own attorney before her Competency hearing in May and the authorities refused her request. Her State Appointed Attorney made sure that her wishes to remain free to live on her own were thwarted.

This should never happen to anyone in America. Our elderly are truly vulnerable in this country when practices like this by the State are allowed to be carried out against their citizens. I need someone to help me tell my Aunt’s story and secure some form of justice for her. She does not deserve to have to live in a drugged up state for whatever time she has left in her life. I want her story to be known so that others may know that without proper safeguards being in place in their lives makes them vulnerable to what has happened to Mr. Katz and my Aunt. The system of Elder Services is severely broken in Manatee County, Florida. This can happen to anyone and it will happen again. Ida Pavioni deserves justice at this point and I am looking for anyone out there who will help me pursue it. If you know of any other cases like this in Florida or have suggestions as how to proceed with any of this I may be contacted at the number below. Please help, the system is not operating in Florida at this time in a fair or just manner for our seniors.

Janice Fendel, Bradenton, Florida (updated 1/27/2019 to delete photos)