Continuing my report on today's proceedings at Texas A&M:
Ben Cooper and Desiree Hensley presented on small claims courts. They are doing an empirical study of Mississippi's "Justice Courts," which are the only courts many poor people will have access to, but there is a concern that those courts are venues in which the parties with resources (e.g., debt collectors) have a significant advantage. These courts are cheaper, faster, and easier, with minimized burdens of pleading and proof, a non-attorney judge acting as interrogator. no appeals, no requirement of personal service, limited records, limited discovery, and almost no jury trials. On a recent day in Lafayette County Justice Court, for example, the court awarded $51,000 in judgments in 44 cases (35 defaults) in 32 minutes. Cheaper, faster, and easier is not always the answer when it comes to access to justice.
Susan Fortney focused on victims of legal malpractice as a component of access to justice. Experienced malpractice lawyers often won't take a case unless there are damages of more than $100,000 because of how expensive and difficult the cases are to prosecute. The causation requirement -- the "case within the case" -- is a difficult burden. Many attorneys don't have insurance coverage. We need regulatory changes, perhaps through the disciplinary system, that provide some type of relief to people who are injured by lawyers.
Justin Hansford focused on racial justice in the wake of Ferguson and wondered whether "access to justice" is a helpful framework through which to address the challenges. He outlined some of the steps taken to improve knowledge of legal rights among marginalized communities. Access to justice in this context requires policy reform (he outlined many suggestions, including "use of force" law reform, a racial profiling act, and an end to militarized policing) and reimagining the relationship between the state and citizens.