Access to Justice

What is Access to Justice?

Access to justice is a basic principle within law that states that each citizen has equal access to the legal system. Sadly, in our country today, access to justice is incredibly restricted and systematically unequal. One of the major inequalities associated with access to justice is that only a select group of people, typically white Americans of a higher socio-economic status, have the ability to achieve justice while those who truly need access are left to struggle. A common problem associated with access to justice is that most people do not understand that a problem they are having can be solved legally, and without that knowledge many people lose the ability to protect themselves as well as their home and family. For a more in-depth definition of access to justice and its embedded inequalities click here.

Department of Justice's Office for Access to Justice

In October 2021 the Department of Justice reopened their Office for Access to Justice (ATJ) as a standalone agency. The mission of this office is to "help the justice system efficiently deliver outcomes that are fair and accessible to all, irrespective of wealth and status." The ATJ office will work with the Department of Justice, as well as state, local and tribal justice system stake holders to implement their three main principles of fair access to justice.

More can be found about ATJ and their mission on the Department of Justice's Website here.

DOJ's Access to Justice's Three Principles:

Promoting Accessibility: Eliminating barriers that prevent people from understanding and exercising their rights.
Ensuring Fairness: Delivering fair and just outcomes for all parties, including those facing financial and other disadvantages.
Increasing Efficiency: Delivering fair and just outcomes effectively, without waste or duplication.

Seeking and Receiving Legal Help

Types of Issues That Need Help

There are many types of civil legal problems that people could recieve help for and are not. These issues include:

Access to health care
Rent issues and eviction help
Securing safe living conditions
Issues with children or custody
Disability problems

The 2021 Justice Gap Measurement Survey found that 74% of low-income households have experienced at least one civil legal problem in the past year, and more than half of these households experienced more than one. These problems are significanty impacting people's lives.

Obstacles to Accessing Justice

There are a lot of barriers people face from seeking legal help, but the main three are:

Cost Barriers: How likley one is able to pay for legal help when seeking it
Knowledge Barriers: The extenet of which people know their problems are legal
Attitudinal Barriers: Personal beliefs about the legal system and their liklihood to help

Cost Barriers

One of the major obstacles that impede the equality of access to justice in this country is the expense of lawyers and their assistance. The average cost for a lawyer in the United States is between $250 and $350 per hour. With such high costs, only those who are of a higher socioeconomic status could afford a lawyer’s assistance. Those in lower socioeconomic communities, who are also the most at risk for enduring inequalities for the criminal justice system, are excluded from accessing any form of “equal” justice to protect themselves and their families. Luckily, not every legal case requires a lawyer’s assistance, so those living in a lower socioeconomic neighborhood can rely on advocates who possess the knowledge and skills of lawyers. The National Center for Access to Justice contains a guide for public use that can help determine whether or not an issue can be legally solved and alternative methods for solving those issues. The link for that guide can be found here.

Knowledge and Attitudinal Barriers

Another issue at hand is that many of the real problems people are facing are not making it to our courts and lawyers. Many people are unaware that their problems can be solved through the courts, and this is specifically prevalent to low income households and families. According to the 2021 Justice Gap Measurement Survey, three fourths of low-income Americans are either unsure or do not think that lawyers could help them. Over half of low-income housholds doubt they could find a lawyer if they needed one. When asked further, a large number of people responded that the system can't help people like them solve problems, they are not treated fairly, or that people like them can not use the system to enforce their protected rights. The lack of knowledge and negative views of the legal system is preventing people from recieving much needed help.

Access to Justice in Dayton

Legal Disparities in Dayton

In 2017, there were nearly 22,300 criminal cases taken by the Montgomery County Public Defenders office alone. The Montgomery County Public Defenders Office currently has 48 attorneys that assist in these cases. As a result, each attorney is handling around 465 cases per year, resulting in low quality effort and work being put forth.

Under the Sixth Amendment in the United States, everyone has the right to council in certain criminal cases to ensure proper justice. However, if someone cannot afford a lawyer that will prioritize their case, their chance of proper justice declines significalty due to the lack of time and caseload of the public defenders.

Cost and Locations

If one were to hire an attorney in Ohio, the average cost per hour would range from $111 to $571 depending on the case. With the poverty rate of Dayton being 29.6%, many people cannot afford these costs and are either left in financial distress or are given an attorney that is overwhelmed with cases. By implementing strategies to improve access to justice, people will be ensured fairness and justice.

Strategies to Improve Access to Justice in Dayton

The Hope Center is a recent Dayton initiative that provides access to multi-generational assistance, under one roof so that these resources are easily accessible for community members. Right now there is not a legal aid service in that space, but this could be a very practical way for people to receive the help that they need and to combat the issues of access to justice in our own community. The Hope Center

There could also be more educational classes or community meetings implemented to highlight what issues are considered legal and where these services and lawyers could be accessed throughout Dayton.

Legal Services in Dayton

Greater Miami Valley Volunteer Lawyer Project

This organization is located at the Dayton Bar Association and provides pro bono legal services in civil cases. Their mission is to provide innovative opportunities for attorneys to perform pro bono civil legal services to benefit persons with limited financial resources.

For more information, go here.

Advocates for Basic Legal Equality (ABLE)

ABLE is a nonprofit law firm desgined to ensure that the most vulnerable people in our communities have the same access to justice as people and companies that can afford to retain an attorney. They deal with non-criminal cases in various areas throughout Ohio.

For more information, go here

Legal Aid of Western Ohio (LAWO)

LAWO is the partner organization of ABLE. Together with ABLE, they provide comprehensive legal representation to more than 500,000 people who are living, working, and raising their families in poverty throughout Ohio.

For more information, go here

The Ohio Justice Bus

The Ohio Justice Bus is a mobile legal aid office that provides free legal aid assistance and technology to Ohioans living in rural areas. Their goal is to help improve financial security, health, and safety.

For more information, go here

Miami Valley Community Action Partnership

The mission of this organization is to work in partnership with local communities to eliminate the causes and conditions of poverty. This is done through comprehensive services, one being a free legal clinic which helps with eviction assistance/tenant issues, license reinstatement, sealing criminal records, and certificates of qualification for employment.

For access to more information, go here

Dayton Bar Association

The Dayton Bar Association has a lawyer referral service tab on their website that allows one to fill out a questionnaire and be matched with an attorney that best suits their needs. They also provide a contact for Legal Aid Society for individuals with limited resources.

For more information, go here

Reference Page

Anon. 2018. “Attorney Information.” Montgomery County Common Pleas Court. Retrieved December 1, 2022 (https://www.montcourt.oh.gov/attorneys/#appointed-counsel-program).

Anon. 2021. “How Much Does a Lawyer Charge in Ohio? (2021).” Clio. Retrieved December 1, 2022 (https://www.clio.com/resources/legal-trends/compare-lawyer-rates/oh/).

Anon. 2022. “What Is Access to Justice?” NCAJ. Retrieved December 1, 2022 (https://ncaj.org/what-access-justice).

Anon. n.d. “Serving the Miami Valley of Ohio.” Serving the Miami Valley of Ohio | Greater Dayton Volunteer Lawyers Project. Retrieved December 1, 2022 (http://www.gdvlp.org/).

Anon. n.d. “Together, We Do the Community Justice.” Advocates for Basic Legal Equality (ABLE). Retrieved December 1, 2022 (https://www.ablelaw.org/about/).

Anon. 2022. “The Justice Gap: The Report.” LSC- America's Partner for Equal Justice. Retrieved December 1, 2022 (https://justicegap.lsc.gov/the-report/).

Hamilton, Bethany. 2021.“Moving Upstream to Address SDOH and Health Equity at a Policy Level,” April 6.

Rossi, Rachel. 2022. “Office for Access To Justice.” United States Department of Justice. Retrieved December 1, 2022 (https://www.justice.gov/atj).

Sandefur, Rebecca L. 2019. “Access to What?” Daedalus. Retrieved December 1, 2022 (https://www.amacad.org/publication/access-what).

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