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Court Order
IN THE SUPREME COURT OF NORTH CAROLINA
BY ORDER OF THE COURT
In recognition of the need to expand access to civil legal representation for people of low income and modest means in North Carolina, the Court hereby creates the EQUAL ACCCESS TO JUSTICE COMMISSION.
BY THIS ORDER, the Court charges this Commission with the following goals, purposes, and responsibilities:
(1) Identify and assess current and future needs of low-income North Carolinians for access to justice in civil matters by conducting a study to determine the full range and volume of such unmet legal needs. The study shall: (a) determine and document how unrepresented people with legal disputes are attempting to meet these needs without attorneys, the extent to which these efforts are successful, and the consequences of the lack of attorney representation; (b) recognize the enormous efforts currently being made by attorneys to serve low-income North Carolinians; (c) analyze the need for funding and other resources to close the gap; and (d) address any other matters related to the deliver of equal access to justice in civil matters to all North Carolinians.
(2) Develop and publish a strategic plan for delivery of civil legal services to low-income North Carolinians throughout the sate that will (in part) educate the public about the large gap between the ideal of equal access to the legal system and the reality of lack of representation.
(3) Foster Coordination within the civil legal services delivery system and between legal aid organizations and other legal and non-legal organizations.
(4) Increase resources and funding for access to justice in civil matters and ensure both are applied to the greatest need so that all possibilities for additional state, local, and other non-Legal Services Corp. funding are examined, the most feasible options analyzed, and a strategy for pursuing such funding implemented.
(5) Ensure wise and efficient use of available resources through collaboration among legal aid and other organizations (such as other legal advocacy groups, non-legal advocacy groups, providers of social services, law schools, the court system, corporate and government law departments, and other state and local agencies) and through the use of local, regional, and statewide coordination systems.
(6) Develop and implement other initiatives designed to expand civil access to justice, such as increasing community education, enhancing technology, developing assisted pro se programs, and encouraging greater voluntary participation of the private bar in pro bono legal assistance to low-income people in North Carolina.
(7) Monitor the effectiveness of the statewide system and services provided, as well as periodically evaluate the progress made by the Commission in fulfilling the civil legal needs of low-income North Carolinians.
(8) Consider the legal needs and access to the civil justice system of persons whose income and means are such that they do no qualify under existing assistance programs and whose access to civil justice is limited either by the actual or perceived cost of legal services; and develop and implement initiatives designed to meet these needs, such as limited representation and limited appearances by attorneys and identification of types of services that could be provided by non-lawyers.
The Equal Access to Justice Commission shall consist of twenty-five members who reflect the diversity of ethnic, gender, legal, and geographic communities of North Carolina. The Chief Justice or his or her designee shall serve as Chair of the Commission. The day-to-day management and operation of the organization shall be conducted by an Executive Director who works with and reports regularly to the Commission. Members shall serve three-year staggered terms. A member may not be reappointed to serve a successive three-year term.
Members will be appointed as follows:
(1) Judiciary:
The Chief Justice will appoint the following representatives of the
judiciary:
(a) The Chief Justice or an Associate Justice;
(b) A Judge from the North Carolina Court of Appeals;
(c) A Judge from the Superior Court;
(d) A Judge from the District Court;
(e) A representative of the North Carolina Administrative Office of
the Courts (AOC) or from the North Carolina Clerks of
Superior Court.
(2) Practicing Lawyers:
(a) The North Carolina State Bar president will appoint two
members;
(b) The North Carolina Bar Association/Foundation (NCBA)
president will appoint two members;
(c) The North Carolina IOLTA Board of Trustees chair will appoint one member;
(d) The Chief Justice will appoint three members from voluntary bar associations.
(3) Legal Aid Programs:
In consultation with the North Carolina Legal Services Planning
Council, the Chief Justice will appoint four members to represent the
interests of legal aid programs as follows: one board member from
Legal Aid of North Carolina, Inc. (LANC), one of LANC staff member,
one board or staff member from the North Carolina Justice Center,
and one board member from another unrestricted legal aid program
that either serves a particular geographic area or provides specific
services or serves a particular client base.
(4) Law Schools:
In consultation with the deans, the Chief Justice will appoint one representative from the accredited law schools in North Carolina.
(5) Public Members:
(a) Governmental Representatives: The Chief Justice will invite
the Governor, the President of the Senate, and the Speaker
of the House to serve on the Commission or to recommend
someone to serve in his or her stead.
(b) North Carolina Philanthropy Community Representative: In
consultation with the North Carolina Network of
Grantmakers, the Chief Justice will appoint one member to
the Commission.
(c) Client Representative: In consultation with the North
Carolina Clients Council and the North Carolina Legal
Services Planning council, the Chief Justice will appoint one
client representative member to the Commission.
(d) North Carolina Business Community Representatives: The
Chief Justice will appoint two members to the Commission
from the business community in North Carolina.
The terms of Commission members shall be:
To implement a staggered term system, Commission members will be appointed in classes, designated Class I, Class II, and Class III. The initial appointments of Class I members will end one year from the date their terms begin; the initial appointments of Class II members will end two years from the date their terms begin; and the appointments of Class III members will end three years from the date their terms begin.
(1) Class I members are: one appointee each from the NCBA, voluntary
bar associations, IOLTA, the Court of Appeals, and the business
community; the representative from the LANC board and the North
Carolina Justice Center.
(2) Class II members are: one appointee each from the NCBA, the North
Carolina State Bar, the Superior Courts, voluntary bar associations,
the business community, and law schools; the representative from
the unrestricted, undesignated legal aid program, and the client
representative.
(3) Class III members are: one appointee each from the North Carolina
State Bar, the District Courts, voluntary bar associations, and the
AOC or Clerks of Superior Court; the LANC staff member, and the
philanthropy community representative.
(4) Governmental representatives will rotate by the terms of their offices.
The Commission will meet quarterly and will file an annual written report on the status and progress of its activities. The Commission will send a copy of the report to this Court, the North Carolina State Bar, and the North Carolina Bar Association. The Commission will provide oral progress reports to North Carolina Bar Association board meetings and to the North Carolina State Bar Council meetings.
Adopted by the Court in Conference this the 3rd day of November, 2005.
/s/ I. Beverly Lake, Jr /s/
I. Beverly Lake, Jr.
Chief Justice For the Court
WITNESS my hand and the seal of the Supreme Court of North Carolina, this the 3rd day of November, 2005.
/s/ Christie S Cameron /s/
Christie Speir Cameron
Clerk of the Supreme Court
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