Page 45 - Impact: Collected Essays on Expanding Access to Justice

persons in the United States obtains the necessary legal assistance .”5 Indeed, with regard to New York State, the number of people lacking legal representation in court “is estimated at 2 .3 million each year .”6
Why does access to justice so matter? What constraints are impeding access to justice, specifically for refugees (hereinafter referred to as “accessors”)? Lastly, what kind of reforms are desirable and practical, and how might they be implemented to bridge the justice gap?
This article is twofold . The first section, Impediments to Access to Justice, briefly examines some barriers to accessing justice mainly for accessors . The second and final section presents selected initiatives and best practices that have been adopted and implemented in Erie County, particularly in Buffalo, New York .
1. Impediments to access to justice
The question of access asks whether or not there are barriers for vulnerable people to access mechanisms of justice . It is frequently related to an assessment of the accessibility of legal services providers, attorneys and courts’ staff to potential accessors .
It is important to recognize that not all asylees, refugees, or immigrants who fall into vulnerable groups “will suffer difficulty with accessing justice . Individual circumstances will always differ, and some disadvantaged people will already have access to the means to overcome any or all of the barriers caused by their disadvantage .”7
For instance, a refugee with higher education and good literacy skills is likely to face fewer difficulties in seeking access to justice than another person with poor literacy skills .
In some cases, the inability to take effective action to enforce legal rights impedes access to justice . Due to disability or ignorance of the processes and avenues for seeking a remedy, or even lack of access to appropriate advocacy and support services, many vulnerable people are not mindful of their legal issues or need for advocacy services .
Nevertheless, many identified barriers resulting from the judicial system itself, the poverty of individuals, and ignorance of their rights and obligations impede access to justice . These multidimensional constraints have been categorized either from the justice system stakeholders or the accessors’ perspective .
From the refugee accessors’ perspective, mainly because of their unfamiliarity with the U .S . legal system and court procedures, a close examination shows that the problems in access to justice are different for U .S . citizens than for new immigrants .
5 Risa Kaufman et al, Filling the Justice Gap: Access to Justice and Human Rights at Home, huffPosT imPacT (Nov. 13, 2012, updated Jan. 13, 2013), http://www.huffingtonpost.com/risa-e-kaufman/access-to-justice-human- rights_b_2096981.html (citing legal serVices corP., documenTing The JusTice gaP in america (2009)).
6 rochelle klemPner, besT PracTices for courT helP cenTers: a guide for courT adminisTraTors and helP cenTer sTaff inside and ouTside new york sTaTe (2015), available at http://www.nycourts.gov/ip/nya2j/pdfs/NYSA2J_ BestPracticeshelpCenter.pdf.
7 louis scheTzer, Joanna mullins & roberTo buonamano, access To JusTice and legal needs 17 (2002), available at http:// www.lawfoundation.net.au/ljf/site/articleIDs/012E910236879BAECA257060007D13E0/$file/bkgr1.pdf.
Specific Areas for Reform: Immigration
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