New law gives poor people right to attorney in civil cases

Get caught stealing a six-pack of beer and, rich or poor, you get the right to an attorney.
But face eviction or a child custody battle and can't pay for a lawyer?
Get lost.
A new California law, the first of its kind in the nation, aims to change that lack of attorney access for poor people who find themselves in the state's civil courtrooms.
Two weeks ago, Gov. Arnold Schwarzenegger signed into law a measure that local legal aid officials are calling landmark legislation: It essentially gives poor people embroiled in serious civil cases the right to an attorney.
The new law, a pilot program scheduled to run from July 2011 to June 2017, is an experiment based on giving poor people the right to legal representation in vital, sometimes life-altering cases that play out in the state's civil courtrooms.
The concept of a state-funded lawyer previously applied only to people facing criminal charges who were unable to pay for an attorney; however, the program will not help every poor person in every case.
The money is intended for people who are at or below 200 percent of the poverty level as set by the federal government, and is limited to certain cases, including domestic violence, child custody, housing and elder abuse.
The funding ---- an estimated $11 million a year for the state to divvy up ---- will come from a $10 increase to the court fees paid by the winning parties in certain civil cases.
It is a very small start, but it is a remarkable recognition that access to justice should be equal in criminal and civil cases, said Irene Morales, the executive director and chief counsel of the Inland Counties Legal Services, which serves people in Riverside and San Bernardino counties.
"I've been in legal aid services my entire professional career, and this is one of the best things that has ever happened," said Morales, who joined the legal services agency in 1976 and has headed the firm since 1983. "This is a way of having a more level playing field. The need is there.
"In cases where you need but lack representation, there is no justice. This opens the doors to justice."
The number of people without an attorney who go to court for serious cases is staggering, according to numbers provided by local legal services agencies and state officials.


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