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Maine Legal Aid Access Improvements

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Work on issues that send poor into court

 

 

A symposium on improving access to legal aid looks at how to fix problems early and lower demand for help.
By TREVOR MAXWELL, Staff Writer October 3, 2009

 

Read online: http://pressherald.mainetoday.com/story.php?id=287157&ac=PHnws

 

PORTLAND — Legal aid providers were established in Maine and across the nation in the 1960s not simply to respond to the needs of the poor, elderly and minorities, but to aggressively fight poverty and discrimination.

Participants at a symposium Friday called for a renewed dedication to that larger mission.

"If we can stop problems before they happen, if we begin to look at the problems that bring people to court from an upstream perspective, we can make a tremendous difference in people's lives," said Jon Levy, a state Supreme Court justice and chair of the Justice Action Group, a coalition of people who are concerned about Mainers' access to legal assistance in civil cases.

For each case that stays out of court because of early intervention, Levy said, more court resources are available for the most serious cases. That's a big concern in this economy, as dockets keep growing and the court system is short-staffed because of budget cuts.

More than 200 judges, professors, legal aid providers, lawyers and other professionals attended Friday's symposium at the University of Southern Maine, titled "Expanding Justice in Maine: Upstream Solutions to Downstream Problems."

The event was put on by the Justice Action Group and the University of Maine School of Law.

Speakers included Peter Edelman, a professor at the Georgetown University Law Center, and Susan Bryant, a professor at the City University of New York School of Law.

The symposium came one week after Maine's six nonprofit legal aid providers released the results of a survey showing that they are able to meet the needs of only one in four Mainers who seek legal help.

More than 20,000 people requested assistance last year on issues ranging from foreclosures to wage disputes and appeals over health care decisions.

Criminal cases are different because the U.S. Constitution requires states to pay for legal representation for poor defendants. Maine also pays for lawyers for juvenile defendants and parties in parental-rights cases.

Deirdre Smith, a professor at the University of Maine School of Law and director of the Cumberland Legal Aid Clinic, said she was motivated by Friday's speakers and encouraged to see the large turnout.

"The idea is to bring people together, not only the usual suspects who talk about these issues all the time," Smith said.

One example of "upstream intervention" has been developing over the past few years at the Barbara Bush Children's Hospital in Portland.

If a doctor becomes aware of a potential legal problem, such as a family living in an unsafe apartment or not receiving government benefits to which they are entitled, the doctor links them up with a staff member at KIDS Legal, an offshoot of Pine Tree Legal Assistance.

"That's a great example of different segments of the community working together in a positive way," Smith said. "There are a lot of opportunities for partnerships like that."

Levy said the Justice Action Group is beginning to reach out to Maine's business community.

Employers must be aware of the ripple effect of an employee's involvement in a civil court battle.

The idea, Levy said, is to enlist the business community as a partner in solving legal problems before they get to court.

"We want to broaden the base of people who are interested, concerned and will speak out on having a vibrant civil justice system in Maine," Levy said.

Staff Writer Trevor Maxwell can be contacted at 791-6451 or at:

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