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