Kia Franklin

Reader Reminder: ABA stands behind Civil Gideon

Last week I referenced an ABA article on the right to counsel in civil cases involving important and basic human needs. Today in the ABA Journal eReport there was a good letter to the editor pointing out that the article neglected to mention the ABA's historical endorsement of Civil Gideon. A copy of the text is below:

Letters

ABA’s Civil Gideon Position Left Out

Your coverage in the July 13 ABA Journal eReport of the issues presented in King v. King, the Washington state case implicating a civil right to counsel (“Mom Wants State to Pay in Custody Battle”) was important and generally informative to ABA members and other readers.

It is surprising, however, that the reporter apparently was not aware of a historic ABA policy directly on point or, if aware of the policy, chose not to mention it:

“Resolved, That the American Bar Association urges federal, state and territorial governments to provide legal counsel as a matter of right at public expense to low-income persons in those categories of adversarial proceedings where basic human needs are at stake, such as those involving shelter, sustenance, safety, health or child custody, as determined in each jurisdiction.”

The report and resolution of the ABA Task Force on Access to Civil Justice, unanimously adopted by the House in August, are accessible on the ABA Web site (PDF).

This significant policy puts the ABA squarely on record in support of a critically important civil right (a Civil Gideon) that should be accorded to all Americans—a right that will give true meaning to the promise of “equal justice under law” that is inscribed above the doors to the U.S. Supreme Court and on courthouses throughout America.

Michael S. Greco
ABA Immediate-Past President
Boston

Kia Franklin: Author Bio | Other Posts
Posted at 3:01 PM, Jul 20, 2007 in
Permalink | Email to Friend | Comment on this post