CA Pilot Project Is Now Law

California Assembly Bill 590, which will create pilot projects to appoint counsel for low-income Californians in cases affecting basic human needs, was signed into law by Gov. Arnold Schwarzenegger in the wee hours of the morning on Oct. 12. Named the Sargent Shriver Civil Counsel Act, the bill passed the California legislature last spring but was then caught up in California's budget crisis. However, reports of its death proved to be exaggerated; the fact of its dedicated funding source from court fees no doubt contributed to its resurrection. The projects will begin operating on July 1, 2011.

AB 590 had wide support, including from both parties in the legislature and editorial support from The New 

York Times. And California advocates worked tirelessly to keep it prominent on the governor's radar screen.

Since it became law, the legal blogosphere has trumpted the bill's significance. See, e.g., the post by Jonathan Smith, Exec. Dir. of the Legal Aid Society of DC, on makingjusticereal.org, "California takes a big step towards Civil Gideon" and John Marshall Law School Professor Steve Schwinn's post on the Constitutional Law Prof Blog, "Schwarzenegger Signs Equal Access to Justice Bill."

Since it was signed, the bill has continued to receive media attention. An article appeared in The Wall Street Journal on Oct. 26, "'Civil Gideon' Trumpets Legal Discord,"and the Los Angeles Times on Oct. 17

published a 1000+-word article entitled "California Gives the Poor a New Legal Right." LA's legal newspaper, the Los Angeles Daily Journal, published a front-page article on Oct. 13: "Law Creates New Right to Counsel in Civil Cases."

The legal blogosphere has also been trumpeting the bill's significance. See, e.g., the post by Jonathan Smith, Exec. Dir. of the Legal Aid Society of DC, on makingjusticereal.org, "California takes a big step towards Civil Gideon"; John Marshall Law School Professor Steve Schwinn's posts on the Constitutional Law Prof Blog: "Equal Access to Justice in California" and "Schwarzenegger Signs Equal Access to Justice Bill"; Rebecca K. Blemberg, Marquette U. Law School Faculty Blog, "California Moves Towards Civil Right to Counsel."

Louisiana Statute Provides Appointed Counsel for Parents Facing Termination of Parental Rights in Intra-Family Adoption Proceedings

In July 2008, Louisiana Governor Bobby Jindal signed into law Act 778, which provides for the appointment of counsel for a parent facing termination of parental rights in an intra-family adoption (an adoption action brought by a stepparent or family member), if that parent cannot afford an attorney.

Additionally, the act stipulates that a separate attorney will be provided for the children, that a special notice will be sent to a parent facing termination of parental rights in such a case, and that the burden of proof for the factors creating conditions for termination must be by "clear and convincing" evidence. All of these provisions had previously been in effect in Louisiana for state-initiated terminations, but not for private terminations brought about in the context of an intra-family adoption.

The statute in its final form passed both houses of the legislature without opposition. Read the full version of the act here.

New York City Bill Would Provide Counsel for Seniors Facing Eviction

In New York City a bill is pending before the City Council that would guarantee counsel for low-income seniors threatened with loss of their homes due to eviction or foreclosure proceedings. To be eligible, the senior must be 62 years old or older and have a disposable household income of no more than $27,000. More than 20 city council members, a veto-proof majority, joined as sponsors. For more information, see the task force’s website. For video of an energetic press conference and rally held when the ordinance was introduced, click here. For press coverage of the ordinance, see this site.

California Model Statute Task Force

The California Model Statute Task Force was established by the California Access to Justice Commission in 2004. The Task Force was charged with considering the questions that would arise in legislatively granting a right to counsel in civil cases. The Task Force has now drafted two versions of such a model statute. The State Equal Justice Act, distributed in November 2006, is a model statute implementing an across the board right to counsel in civil cases with only narrow exceptions. 

The State Basic Access Act, distributed in March 2008, is a model for a narrower right to counsel which attaches only to certain high priority basic needs, defined in the Act as shelter, sustenance, safety, health, and child custody.

In each case, the Task Force's mission was to think through the numerous questions involved in implementing a right to counsel, including scope of the right, eligibility criteria and issues, service delivery system, and administration of the new right. 

This draft represents the group's resolution of these and other issues and is intended as a starting point for use in any state considering implementation or expansion of a statutory right to counsel. The composition and work of the Task Force is described in some detail in The California Model Statute Task Force, Clare Pastore, Clearinghouse Review, July-August 2006. For more information contact Clare Pastore.