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
