The Clearinghouse review (July-August 2011)
Civil Right to Counsel's Relationship to Antipoverty Advocacy - Further Reflections, explains that civil right to counsel can not only assist the existing antipoverty efforts of legal services and other advocacy organizations, but can also itself serve as an antipoverty strategy. It was co-authored by Coalition Coordinator Debra Gardner and by ABA Section of Litigation Civil Right to Counsel Fellow John Pollock.
The Pennsylvania Lawyer (May-June 2010)
The Right to Counsel--A Right in Civil Cases Too? urges adoption of a right to counsel in civil cases where basic human needs are at stake. The authors--Andrew F. Susko,
former Penn. Bar Assn. president; Rhodia D. Thomas, executive director of Mid-Penn Legal Services; and Sam Milkes, executive director of the Pennsylvania Legal Aid Network--note that most people believe the right already exists.
Fordham Urban Law Journal (2010)
In Dec 2008, the ABA Section on Litigation sponsored a symposium on civil right to counsel and access to justice, which brought together social scientists as well as advocates. The February 2010 issue of the Fordham Urban Law Journal is entirely focused on that symposium and contains papers presented there.
California's Pilot Project Legislation
An article in the March-April 2010 issue of Clearinghouse Review recounts the behind-the-scenes story of how California's A.B. 590, the Sargent Shriver Civil Counsel Act (aka the state's "pilot project" bill), became law.
Entitled Stepping Across the Threshold: Assembly Bill 590 Boosts Legislative Strategies for Expanding Access to Civil Counsel, the article describes the bill's origins in California's model statute task force, the 2006 ABA resolution in support of a civil right to counsel, and the July-August 2006 special issue of Clearinghouse Review on civil right to counsel that was timed to coincide with that resolution, along with leadership from the chief
justice and from legislators who had once been legal aid lawyers.
Right to Counsel in Foreclosure Cases
John Pollock, ABA Section on Litigation Civil Right to Counsel Fellow, analyzes arguments for a right to counsel in the foreclosure context in companion articles in the January-February 2010 issue of Clearinghouse Review. In Lassiter Notwithstanding: The Right to Counsel in Foreclosure Actions, Pollock explains how the foreclosure epidemic means that homeowners should have a right to counsel under the test the U.S. Supreme Court set out in Lassiter v. Dept. of Social Services. In Going Public: The State-Action Requirement of Due Process in Foreclosure Litigation he
analyzes the differences between judicial and nonjudicial foreclosure states in meeting 14th Amendment state action requirement.
The Summer 2009 issue of the Loyola of Los Angeles Law Review focuses on access to justice; among the articles are A Civil Right to Counsel: Closer to Reality?, by Clare Pastore, and Keeping Families Together, Saving Money, and Other Motiviations Behind New Civil Right to Counsel Laws, by Laura Abel.
An Obvious Truth: Creating an Action Blueprint for a Civil Right to Counsel in New York State is the title of the 25th anniversary issue of the Touro Law Review, published in partnership with the New York State Bar Association. The issue stems from a conference held at the
law school in March 2008.
Advocacy for a Civil Right to Counsel: An Update, by Paul Marvy, Clearinghouse Review, March-April 2008.
A Right to a Lawyer? Momentum Grows is the July-August 2006 special issue of Clearinghouse Review: Journal of Poverty Law and Policy. Click here to access the table of contents and articles.
A 'Modest' First Step for Civil Justice Plan. Joel Stashenko, New York Law Journal, November 4, 2008.
Access to Justice: Is Civil Gideon a Piece of the Puzzle? Robert Derocher, Bar Leader, July-August 2008.
Access to Justice: Opening the Courthouse Door. David Udell and Rebekah Diller. Brennan Center for Justice, 2007.
Gideon Redux: A Defender's View. James Neuhard. Cornerstone, Fall 2006.
Shaping a Context-Based Civil Gideon From the Dynamics of Social Change. Russell Engler. Temple Political and Civil Rights Law Review, Summer 2006.
A Defined Right to Counsel: An Idea Whose Time Has Come? Michael D. Fox. Connecticut Lawyer, April 2006.
Trumpeting Civil Gideon: An Idea Whose Time Has Come? Mary Deutsch Schneider. Bench & Bar of Minnesota, April 2006.
Case Raises Civil Gideon Issue. Jane Pribek. Wisconsin Law Journal, March 22, 2006.
A Civil Right to Counsel for the Poor. Paul Marvy and Debra Gardner. Human Rights, Summer 2005.
The Importance of Collaborating to Secure a Civil Right to Consel. Andrew Scherer, May 2005.
National Consortium on Racial and Ethnic Fairness in the Courts.
Jonathan M. Smith, April 15, 2004.
Closing the Courthouse Door on Maryland’s Poor. Jonathan Smith.
Will Gideon's Trumpet Sound a New Melody? The Globalization of Constitutional Values and its Implications for a Right to Equal Justice in Civil Cases. Hon. Earl Johnson, Jr. Seattle Journal for Social Justice, Fall/Winter 2003.
Equal Access to Justice: Comparing Access to Justice in the United States and Other Industrial Democracies. Hon. Earl Johnson, Jr. Fordham International Law Journal, 2000.