Many challenges remain
By Bill Hebert
President, State Bar of California
My term as State Bar president is coming to a close and I
want to take a few paragraphs to talk about the State Bar’s accomplishments
this year and some of the challenges the Bar, the courts and our citizens face
in near and distant future.
Hiring of the New Executive Director, Senator Joe Dunn.
One of the first things we did during my term was to sign a contract with Joe
Dunn to take the reigns as Executive Director. Joe, with the support of former
Executive Director Judy Johnson and the rest of the executive staff at the
Bar, hit the ground running. The State Bar will change and improve under
Joe’s direction.
Transition to a New General Counsel, Starr Babcock. Shortly before my term commenced, the Bar hired Starr Babcock as its general
counsel. Starr has turned out to be an excellent choice. He is smart,
dedicated and hard-working. Under Starr’s leadership, the Office of the
General Counsel consistently delivers excellent counsel and legal advice to our
Board of Governors. We are lucky to have him.
Increase in Funding for Legal Services to the Poor.
As I have written previously, there continues to exist in our state a huge gap
between the need for basic legal services to the poor and the resources
available to them. As President, I have supported our efforts to increase
funding for legal services. I supported the amendments to the State Bar 2011
dues bill that permitted lawyers, through a “check-off,” to donate
$10 to the Justice Gap Fund. Through that voluntary mechanism, we raised more
than $1.6 million in additional legal services funding. I also worked
throughout the year with staff at the Bar, including Mary Flynn, Stephanie Choy
and others, to try to increase voluntary contributions by lawyers to the
Justice Gap Fund. We were able to increase giving by almost 10 percent, or
about $80,000, over the prior year. But this is still not enough. All lawyers
need to give to the Justice Gap Fund if we are to continue to provide legal
services to the poor in our state.
Right now, plans are being made for legendary trial attorney
Jim Brosnahan to hold hearings throughout the state to publicize the plight of
the judiciary and its impact on the poor of our state. The State Bar can provide
key assistance to Jim and the members of the legal services community who will
be crucial to this effort.
Confidentiality and Security in the JNE Process.
About the time I started my term, we made significant changes in the
confidentiality and security procedures in the processes used by the Commission
on Judicial Nominees Evaluation (JNE). These included new protocols regarding
the receipt and return of confidential information of judicial applicants and
the purchase of new software that protects the personally identifiable and
confidential information of a judicial applicant in the event that a JNE
Commission member’s laptop or computer is lost or stolen. The JNE process
must remain confidential and the information generated about its judicial applicants,
and those of us who rate the applicants, secure.
Governance in the Public Interest Task Force. At the
legislature’s direction, the State Bar undertook to review its current
governance structure and suggest changes to that structure that are designed
to improve public protection. All the members of the task force and the Board of
Governors struggled with these difficult and delicate issues. As a consequence,
changes to the governance of the Bar and to other sections of the State Bar Act,
are pending in the legislature.
Outreach to Voluntary Bar Associations and the Sections.
We conducted extensive outreach to the voluntary bar associations around the
state and our State Bar sections. While I was not able to visit every bar
association, I got acquainted with a good number of the lawyers who are leaders
in the state. The voluntary bars and the sections are in good hands. Lawyers
throughout the state are deeply committed to raising the standards of the
profession and promoting access to justice for the poor and underserved
populations of our state. I hope many of the men and women who are volunteering
their time at a local level consider seeking a position on a statewide level,
either with the Board of Governors or with one of our many terrific sections. You
could also seek appointment to JNE, the Legal Trust Fund Services Commission,
the Access and Fairness Commission or one of many other committees and
commissions that serve the entire state.
Promoting Diversity. Working with Pat Lee and the
Access and Fairness Commission, I have tried to continue to promote diversity
in the legal profession and on the bench. I have personally supported the work
of Ruthe Ashley and the California Law Academies, which are being created in
conjunction with the State Department of Education under its California Academy
Partnership Model, as well as the Irvine Foundation and its Law and Justice
Pathway Programs. Both of these programs seek to enhance diversity in the field
of law by filling the “pipeline” with students of varied race,
gender and socio-economic status. On September 7, the State Bar will co-host
with the Administrative Office of the Courts an all-day conference on
increasing diversity.
While we have made some progress this year, there are still
many challenges ahead for the legal profession and the judiciary. To make legal
services and the courts available to all, we need to consider some fundamental
changes in how we practice law. The cost of legal services is prohibitive and
our courts are closing down. We need to consider the following:
- Permit more court appearances by videoconference. We have
already made great strides by permitting telephone appearances at many
hearings and permitting fax filings. We can do more to lower the cost of
legal services. I am a member of the Bar of two jurisdictions in Marianas
Islands, where the courts frequently use videoconferencing as a way to
allow witnesses to appear and to be examined and cross-examined at trial.
This saves everyone time and money.
- Give greater latitude to those lawyers and law firms who
wish to provide “unbundled” services, such as family law
services, unsecured debt resolution services, etc. Some clients will just
need advice, not outright representation in court, by a lawyer who can get
them pointed in the right direction and keep them on track. This will save
clients time and money.
- Implement a statewide computerized case management system,
so that we can reduce the costs of filing and retrieving documents. There
is no reason for lawyers and pro per litigants to file documents by
hard copy or by facsimile when it could all be done online, including
effecting service on all of the opposing parties with a push of a
button.
- Secure sufficient funding for the operation of the
judicial branch, through legislation or otherwise, out of the
state’s general fund. As a separate and co-equal branch of
government, the judicial branch requires sufficient funding year after
year to provide the minimal level of services to members of the public who
are seeking access to the courts. Funding has fallen below that minimal
level and it needs to be increased dramatically to keep up with the needs
of our state. The lack of funding for the courts isn’t an issue that
is particular to lawyers and judges; lack of court funding hurts every
citizen in the state and has ripple effects throughout the country as
non-Californians seek justice in our courts.
- Enhance the potpourri of legal services to the poor that
already exists, including self-help desks, hotlines, legal services
clinics, lawyer referral services and the like. As lawyers, we need to be
personally funding these services through contributions to legal aid
organizations or advocating for their funding with our state and local
government officials.
- Allow paralegals to perform some of what we now consider
to be “legal “services, just as nurse practitioners perform
some services that were once thought to be
solely the province of doctors. We would then bring these legal assistants
under the disciplinary arm of the State Bar.
- Increase the number and types of services that the courts
offer to litigants in cases where the monetary value is relatively low,
such as our current experiments with short cause matters and other ways to
enhance the speed with which our courts can deliver services.
The challenges to the legal profession and judiciary are
great, and the challenges to finding ways to provide legal services to everyone
who needs them are just as great. As I finish out my term as State Bar
president, I am confident that a few dedicated people, working toward a common
goal, can create tremendous change. I hope you will be one of the few.