Are You Being Protected by the Justice System?
Most children can recite to you the Pledge of Allegiance. (Or they can at least recite the beginning and ending phrase).
It’s ingrained in every American from an early age. Within seconds of the first school bell ringing, children across the nation begin their day with, “I pledge allegiance to the flag…” and end triumphantly with a resounding, “for liberty and justice for all!”
Liberty and justice for all represents the idea that both of the ideals are accessible to everyone.
Many people think that legal assistance is a right, regardless of your ability to afford an attorney ...
But what many people fail to realize is that the right of legal assistance, mentioned in the Sixth Amendment, is only valid in criminal cases. In actuality, there is no right to counsel in civil matters, meaning most low-income individuals are forced to go at it alone without legal representation.
When there is no right to counsel in civil cases – only criminal – low income and even middle-class citizens struggle to get representation. And without access to legal counsel, disputes with landlords or employers, cases of deportation, or even domestic violence cases are left unattended.
Yet in both criminal and civil cases, justice demands to be served.
But if certain citizens are left without access to legal representation, is justice really available to all?
Or is access to justice simply based on how much a person can pay?
Justice for All or Justice Gap for Some?
The justice gap is the difference between the civil legal needs of low-income Americans and the resources available to meet those needs.
This lack of access to justice, or equal representation, is a form of injustice against the poor. Those with lower incomes struggle to get access to justice, and are often denied access to justice, resulting in unfair treatment by the social justice system.
Let’s trace a few years back to see how this justice gap among low-income Americans measured up. In 2017, The Legal Services Corporation revealed in their Justice Gap Report the following:
71% of low-income households experienced at least one civil legal problem.
86% of civil legal problems reported by low-income American received inadequate or no legal help.
Low income Americans sought professional legal help for only 20% of the civil legal problems they faced.
So the question remains … How does this actually play out in Denton County?
Well, if you get a ticket for a broken tail light, what do you do? Most likely, you accept the ticket, pay it, get your tail light fixed, and then move on with your day.
But what about those individuals who can’t afford the $150 ticket? They move on with their day, but with a daunting reality of their snowballing situation that so often plays out like this:
Is access to justice simply based on how much a person can pay?
They get a ticket, can’t afford to pay it, so they get their license taken away. But they still need transportation to work in order to pay their rent, so they get another ticket for that same broken tail light (which they can’t afford to fix), and the cycle continues until charges reach up to tens of thousands of dollars.
But wait! There is a forgiveness program, you say.
Yes, there is. But most people in the situation above do not have the means to configure all the paperwork and resources to apply for the program. So a person simply trying to keep their lives afloat, are broken to a point of not being able to function.
Denton County Lawyers who “RISE” to the Occasion
With so many injustices, and lack of resources or education, to whom are people to turn?
The answer? RISE.
RISE (Reaching Individuals through Service and Education) utilizes a diverse pool of volunteers to provide legal education, information, and representation to those in need. By partnering with various nonprofits, clients receive the help needed to navigate difficult situations without the legal barriers.
RISE Provides legal education and services for civil matters regarding:
Employment law
Immigration
Criminal records
Basic contract law
Bankruptcy
Debt collection
Reclaiming a Driver’s License
Housing and tenant rights
Family law
Property
Access to justice is necessary for any person to flourish – regardless of their financial background.
RISE understands this, and fights for this, so that underprivileged community members facing legal barriers can finally be heard.
“People have legal issues, but don’t know what to do with them. At RISE, we want to open doorways for people who need those services, but can’t afford them, by connecting them with people who have the skills and expertise to help them,” RISE President Aubry Dameron said.
Through seminars, classes, and their free “Slice and Advice” consultation sessions, people from all walks of life can come with their various legal concerns and get the help they need – at no cost to them.
It was at one of these education seminars about surcharges that a Denton County woman received news that changed her life completely.
Access to justice is necessary for any person to flourish – regardless of their financial background.
Elizabeth was a victim of the very scenario of receiving a ticket she was unable to pay and watching the financial devastation snowball in front of her. When RISE attorneys shared that the law had been amended and she was no longer pigeonholed into an insurmountable amount of debt, she broke down in tears. As she was missing other bills to pay her tickets, relief ran over her as she listened to this empowering truth.
“Surcharges are so oppressive to the poor, that people cannot function. We provide our services and education so people can get their lives back,” Dameron added.
Elizabeth was just one of many individuals who got their lives back through the support of RISE.
A “win-win” for all parties
RISE does not only seek to serve the underprivileged in our community needing legal assistance.
Legal services are not necessarily Tier 1 needs like food, shelter or clothing, but at times can prevent people from living independently and being self sufficient.
Rather, their first promise is to put information out there that empowers people under the law. By partnering with other organizations to meet those immediate needs (like Serve Denton or Giving Hope), RISE can come in behind to assist people more holistically and help break the perpetual negative cycle.
But RISE also partners with Denton County BAR Association and the BAR Foundation to equip volunteers willing to take on cases. Additionally, RISE provides Continual Legal Education (CLEs) and various training for attorneys to help them provide services to the poor. Most recently, at Friends of the Family, they gave a CLE training on protective orders.
So whether you are a person needing legal assistance, or an attorney looking to get involved, RISE is here for you.
For questions regarding your current legal situation, email information@risetx.org or attend their free “Slice and Advice” Clinic coming up on August 27. Register at least a day before, and get the help you need to rise above your situations.
For attorneys wanting to step up to the plate and help the underprivileged in our community, apply to be a RISE Volunteer and watch your skills be utilized to their highest capacities.
RISE is here, ready to help, and can be followed on Facebook and LinkedIn.
Knowledge is power. So what is your next step?