Civil Justice
Our nation promises “equal justice for all.” But, the promise of equal justice is often just that — a promise. When families with limited means turn to courts for assistance with matters of fundamental importance — evictions, unpaid wages, child custody, domestic violence, health care, mortgage foreclosure and government benefits — often they encounter insurmountable barriers to justice.
Nationally, low-income households experience approximately one civil legal need per year, but only a small portion of those legal needs are met. Experts report that fully 80 percent of the civil legal needs of low-income people go unmet annually. A major part of the problem is a lack of funding. For every person served by a federally funded civil legal services provider, another was turned away because of insufficient resources. More than one million civil cases are turned away each year. The vast majority of people involved never find help.
The Brennan Center is working to close this “justice gap” by expanding the types of civil cases in which low-income people have a right to counsel, increasing funding for the federal Legal Services Corporation (LSC), removing onerous restrictions on LSC-funded organizations, improving language access in the courts and administrative tribunals, and ensuring that attorneys’ fee awards continue to encourage lawyers to take civil rights cases.
News and opinion pieces that praise, attack, or discuss free and low-cost civil legal aid. Also see reports about civil legal aid the media doesn't cover. Low-income individuals and families, children, consumers, the elderly, the disabled, immigrants, workers, prisoners, veterans, and people reliant on government benefits or seeking health care share concerns about access to justice that are frequently covered in the E-lert.
North American Agreement on Labor Cooperation (NAALC) Complaint
The Brennan Center works to ensure access to legal representation and enforcement of labor rights for workers in the United States on H2-B visas.
Lochren v. County of Suffolk (Amicus Brief)
The Brennan Center and Paul, Weiss, Rifkind, Wharton & Garrison filed an amicus brief, on behalf of 30 public interest organizations and law firms asking the U.S. Court of Appeals for the Second Circuit for en banc consideration of the standard for awarding attorneys’ fees that the Court adopted in Lochren v. County of Suffolk.
Milavetz v. U.S.A. (Amicus Brief)
The Brennan Center, along with the National Association of Consumer Bankruptcy Attorneys, the Connecticut Bar Association, and AARP, filed an amicus brief in a case challenging the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, a law that contains provisions imposing various restrictions on the speech and activities bankruptcy attorneys.
Obama Promises Accountability for Mortgage Crisis
The president announced an important new partnership, chaired by New York State Attorney General Eric Schneiderman, to investigate our nation's mortgage crisis.
A Call to Albany: Restore Foreclosure Funding
Governor Cuomo’s budget proposal failed to include a much-needed restoration of the $25 million appropriation for foreclosure prevention assistance, which last year’s budget eliminated.
Foreclosure Mill Grinds to a Halt
Closing Steven J. Baum's "foreclosure mill" is just one of many necessary steps to ensure fairness and due process for New York homeowners.
Illustrations by Risko
Has the U.S. Honored Agreement on Temporary Foreign Workers? Mexican Government Wants to Know
Today the Brennan Center for Justice and Northwest Workers’ Justice Project urged Labor Secretary Hilda Solis to answer Mexico’s query about the treatment of foreign workers in the U.S..
Large Number of People Who Face Foreclosures Don’t Have a Lawyer
New York - A new in-depth study by the Brennan Center for Justice released Oct. 6, 2009, shows that disturbing numbers of families face foreclosure proceedings without the aid of legal counsel.
People Forced to Appear in Court Without Interpreters, Violating Federal Law
A new study of 35 states exposes the failure of many state courts to provide interpreters to people with limited proficiency in English (LEP) - often in violation of Title VI of the Civil Rights Act of the United States . . .
City Council Testimony on New York City’s Foreclosure Crisis
The Brennan Center testified before the New York City Council on systemic problems in the ongoing mortgage foreclosure crisis and its effect on New York City Neighbordhoods.
Brennan Center Weighs in on DHS Plan for Communicating with LEP Individuals
In response to an announcement earlier this month that the Department of Homeland Security (DHS) is drafting a plan to provide limited English proficient (LEP) individuals with access to DHS services, the Brennan Center submitted comments urging the agency to provide interpreters in immigration and citizenship interviews.
Brennan Center, Civil Rights Groups Oppose House Measure to Gut Attorneys’ Fee Awards
In a letter to Senate leadership, the Brennan Center and 13 other access to justice and civil rights organizations urged the Senate not to adopt a measure that would gut the ability of seniors, veterans and others to obtain counsel in cases against the federal government.
New York Must Keep Helping Homeowners
New Yorkers should demand adequate legal representation and counseling for our neighbors facing foreclosure. The investment will pay off for all of us.
Immigrants Deserve Equal Access to the Courts
The ABA should vote to increase language access in the courts. This will show the nation that the legal profession is serious about ensuring that the courts are accessible to everyone, regardless of race, ethnicity, language ability and income
Reasons to Oppose the Government Litigation Savings Act
This fact sheet summarizes how proposed federal legislation would unjustly prohibit those seeking to enforce important rights – such as free speech, gun rights, pollution protections, religious freedoms, and other civil rights – from recovering attorney’s fees under the Equal Access to Justice Act or EAJA.