Mission:  It is the mission of this Commission to expand access to civil legal representation for people of low income and modest means in North Carolina. 

Membership:  Currently the commission members represent the following organizations and communities:  the judicial branch (supreme court, the court of appeals, superior court and district court); clerks of court; the North Carolina Bar Association; the North Carolina State Bar; North Carolina IOLTA (Interest on Lawyers Trust Accounts); the law schools; NC Academy of Trial Lawyers; NC Association of Defense Attorneys; NC Association of Black Lawyers; the North Carolina Philanthropy community; the legal aid community, including Legal Aid of North Carolina, the NC Justice Center, NC Equal Justice Alliance and the Legal Aid Client Council); the Governor’s office; the NC Senate; the NC House of Representatives; and the business community (Wachovia Bank).

Priorities:  In November 2006, the Commission established its priorities.  The priorities fall along the general lines of education and resources.  Working Groups were established to address each of those issues. 

Educate  The Education Working Group addresses the priorities within the EDUCATE category.  Commission member Carol Spruill chairs this working group.  Current projects are listed in italics. 

            Priority 1  Educate Stakeholders:  The Commission places a high priority to educate the stakeholders about the need for legal services for the low income and modest means people in our state.  These stakeholders include members of the legal community, the legislature and other governing bodies, the business community and the community at large. 

            Commission Summit Event (October 2007)

            Priority 2  Address Systemic Issues through Systemic Change:  In order to expand access to civil legal representation for low income and modest means people in our state, it is important to address systemic issues with real, systemic change, to afford more opportunities to access justice.

            Resolution supporting the re-designation of the governor’s advocacy agency to Carolina Legal Assistance (February 2007)

            Participating in an AOC Study Committee (established by the legislature) evaluating resources for low income/modest means (report due December 2007)

            Volunteer research attorney working on issues and potential solutions/resolutions

            Priority 3  Evaluate Assistance to Pro Se Litigants:  More and more litigants in North Carolina, and this country, find that they are compelled to represent themselves because of their inability to afford to pay an attorney to represent them.  This group of litigants, many of whom are ineligible for assistance through a legal services provider (either financially or by case type), often times struggles to find assistance to navigate the court system. 

            Participating in an AOC Study Committee (established by the legislature) evaluating legal resources for low income/modest means (report due December 2007)

            Priority 4  Encourage and Support Pro Bono Emeritus:  Retired or inactive attorneys can be a bountiful source of pro bono assistance if afforded the opportunity through training and coordination through a legal services provider.  Pro Bono emeritus rules have been enacted in several states and have been met with success.

            Pro Bono Emeritus issue before the NC State Bar

            Priority 5  Implement a plan to foster an Understanding and Appreciation of the Rule of Law for the Public:  Through the development and support of educational programs for the public about the Rule of Law in the elementary, middle and secondary schools, students will begin to formulate a deeper respect for the law.

            Priority 6  Evaluate the Need for a Statewide Legal Needs Assessment:  Recently LSC published a legal needs assessment reporting on unmet needs through the country.  North Carolina’s most recent legal needs study, while very significant in terms of what it tells us, it does not depend upon statistically valid data. 

            Priority 7 Support Pro Bono Legal Assistance:  Expand pro bono assistance opportunities for attorneys and paralegals in North Carolina in order to increase the capacity to serve more eligible clients.

            Pro Bono Emeritus issue passed the State Bar Council

Resource  The Resource Working Group addresses the priorities within the RESOURCE category.  Commission member George Hanna chairs this working group.

            Priority 1  Explore Mandatory IOLTA:  Currently, approximately 75% of the eligible attorneys participate in IOLTA.  North Carolina is among the largest (in income) of the voluntary IOLTA programs in the country.  Moving towards mandatory IOLTA would mean more money available through IOLTA for its grantmaking purposes.

            Passed resolution supporting the implementation of mandatory IOLTA (February 2007); before State Bar Council April 2007; passed State Bar Council April 2007

            Priority 2  Increase State Funding by $1.00 per Case Filed:  Currently the legal services community receives $2.00 per case filed (.95 earmarked for Domestic Violence work and $1.05 is distributed generally, according to legislative formula). 

            Passed resolution regarding general access to justice principals including adequate funding for legal services (February 2007)

            Priority 3  Educate the Judiciary on Cy Pres and Legal Services: 

            Priority 4  Pro Hac Vice Registration Fees:  In some states, pro hac vice registration fees are contributed, in part, to legal services providers.  This is a potential source of revenue for the legal services community.