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Reaffirming Commitment to Access to Justice Leadership and Expressing Appreciation for Access to Justice Progress and Collaboration

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WHEREAS, equal justice is fundamental to the American system of government under law; and

WHEREAS, the Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA) have historically been committed to the fundamental principle of fair access to justice for all in civil matters; and

WHEREAS, ensuring access to justice in proceedings involving basic human needs, such as shelter, sustenance, safety, health, or child custody, remains one of the Conferences' highest priorities; and

WHEREAS, CCJ and COSCA have previously adopted joint resolutions recognizing that a fundamental requirement of access to justice is access to the courts; and

WHEREAS, such resolutions include:

  1. Resolution 23, Leadership to Promote Equal Justice, adopted in 2001, acknowledging that judicial leadership and commitment are essential to ensuring equal access to the justice system and to achieving equal justice for all through nationwide efforts. It encouraged members to partner with bar organizations, legal service providers, and others to remove barriers to justice, advocate for public funding of civil legal services, and explore expanded assistance for self-represented litigants — including the potential role of non-attorneys.
  2. Resolution 2, In Support of Efforts to Increase Access to Justice, adopted in 2008, urged members in every jurisdiction to ensure that no person is denied access to justice due to lack of resources or other barriers, and to lead efforts to prevent such denials.
  3. Resolution 8, In Support of Access to Justice Commissions, adopted in 2010, noted that access to justice commissions have had a major impact and supported the aspirational goal for every state and U.S. territory to establish an active commission or comparable body.

WHEREAS, the number of states and territories with access to justice commissions has grown to 28, with additional jurisdictions planning or considering such bodies; and

WHEREAS, these efforts — led by courts and supported by the bar, legal aid providers, and other partners — are strengthening access to civil justice nationwide; and

WHEREAS, the Public Welfare Foundation has provided major grants to the National Center for State Courts (NCSC) and the American Bar Association (ABA) to advance court leadership on access to justice and expand the access to justice commission movement; and

WHEREAS, the NCSC and the ABA, with the encouragement of the Public Welfare Foundation, are collaborating to expand access to civil justice and coordinate resources and technical assistance; and

WHEREAS, the Kresge Foundation has also awarded significant support to the ABA to further expand access to justice commissions and civil legal aid; and

WHEREAS, these initiatives continue to build momentum for securing civil justice for all;

NOW, THEREFORE, BE IT RESOLVED that the Conference of Chief Justices and the Conference of State Court Administrators:

  1. Express their continuing support for the leadership roles that members are playing in their respective jurisdictions, in partnership with other stakeholders, in promoting access to justice, and commend them for the progress resulting therefrom;
  2. Reaffirm their support for the aspirational goal that every state and United States territory have an active access to justice commission or comparable body; and
  3. Commend the Public Welfare Foundation, the Kresge Foundation, the National Center for State Courts, and the American Bar Association for their collaborative efforts to expand access to justice for civil litigants across the country.

Adopted as proposed by the CCJ/COSCA Access, Fairness and Public Trust Committee at the 2013 Annual Meeting on July 31, 2013.