In a review of access to justice themes raised by Law360 guest experts over the course of 2023, the commentary largely focused on tiered legal assistance and its importance in eviction proceedings, evolving financial bail conditions, and the critical role of public defenders in tackling root crime causes.
Several key pieces of expert commentary were identified as instrumental. A contribution by Bob Koneck from Woodsford Group Ltd. on potential collaborations between the burgeoning litigation finance industry, foundations, law firms and schools, ultimately aiming to resolve the urgent justice accessibility crisis.
The noteworthy insights of Ohio state Judge Pierre Bergeron touched on the troubling decline of the jury trial, its impact on public trust in the system, and potential threats to democracy. He proposed ideas to reinvigorate this fundamental right.
Another significant piece was from Emily Galvin-Almanza at Partners for Justice, who argued that adequately resourced public defenders could play an instrumental role in reducing criminal recidivism by linking clients with crucial services addressing the root causes of crime.
The controversial concept of “right to counsel” in civil cases, specifically related to evictions, was also discussed in a piece by Bob Glaves of the Chicago Bar Foundation. He argued for focusing on ensuring everyone receives the correct level of legal aid rather than providing outright representation for all, irrespective of case merit.
Some intriguing expert viewpoints also debated the realignment of pretrial release methods with American legal principles, examining how the imposition of financial bail conditions impacts communities, and arguing that money-based detentions essentially violate due process. This was thoroughly explored in a guest article by Matt Alsdorf of the Center for Effective Public Policy.
The theme of reproducing verdicts in sexual abuse cases also found its place in the discussions, particularly after the trial victory of writer E. Jean Carroll against former President Donald Trump. Jessica Roth of the Benjamin N. Cardozo School of Law offered her perspectives in a guest feature, arguing that factors unique to this case could potentially set it apart from others and mold it into an exception rather than a trend.
In the face of all these key observations, it’s clear the discourse around justice accessibility has broadened, evolved, and incited important discussions in legal circles throughout 2023.