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DC may let trained non-lawyers handle some civil cases
D.C. is considering allowing trained non-lawyers help low-income residents navigate the justice system. FOX 5’s Chief Legal Correspondent Katie Barlow has more on the proposal.
WASHINGTON - D.C. is considering allowing trained non-lawyers to help low-income residents navigate the justice system.
If you've ever wanted to try your hand at being a lawyer without going to law school, now may be your chance in the nation's capital. The truth is, there are just not enough attorneys to help people dealing with their problems in court.
A proposed solution:
Hundreds, if not thousands, of people show up at the D.C. courthouse to handle civil matters like getting restraining orders, trying to keep their home or custody battles, often without a lawyer because they can't afford one.
A D.C. Courts task force has recommended allowing trusted community members to step in and help out to reduce the burden on overtaxed D.C. Courts.
"You've got folks who are low-income, are dealing with housing insecurity, may have trouble accessing the federal SNAP or veterans benefits to which they're entitled, and so they really…they don't need someone to go represent them at trial, they need someone to help them fill out the form, know how to advocate for the rights that they are entitled to," said
Jennifer McDonald, Director of Activism with the Institute for Justice.
The Community Justice Worker Program would allow trained non-lawyers — teachers, social workers, clergy members, nurses — to help low-income D.C. residents navigate the civil justice system.
That includes everything that is not criminal, such as family court, landlord/tenant issues, small claims, and stay-away orders.
Dig deeper:
McDonald says studies show it would cost $20 billion to provide just one hour of legal service from a barred attorney to everyone who needs it — so there will never be enough lawyers. This is part of the solution, she says.
Judge Roy McLeese on the D.C. Court of Appeals backs the proposal. He says it would also be helpful to judges, as they rely on educated advocates in the courtroom to help provide them with an accurate picture of the problem.
"It can be very time-consuming. You have to explain a lot of the basics to them ot help them get oriented. They can get frustrated easily. So for judges, I think it increases the efficiency and also increases the understanding of the process for the litigants, so, it helps not only with speed but also accuracy and fairness and perceptions of fairness," Judge McLeese said.
D.C. residents can provide feedback on the proposal until this Friday, Oct. 31. McLeese says that so far, the overwhelming response has been supportive, but they have heard from a few lawyers who are concerned that this would open up the practice of law outside those who are specifically trained to do it.
What's next:
Once feedback closes on Friday, both the D.C. Court of Appeals and Superior Court judges will review everything and put together a final rule.
Then nonprofits will need to prepare and submit training proposals for the new slate of non-lawyer volunteers. So, it's unlikely we'll see community justice workers in the courtroom until late next year.
You can email CLRRTaskForce@dccsystem.gov with your comments.