The Maryland Access to Justice Commission Commemorates Law Day
Reena Shah, the Executive Director of the Maryland Access to Justice Commission, recently addressed the St. Mary’s County Bar Association, during Law Day. Her remarks help us understand the importance of commemorating Law Day and its intrinsic relationship to access to justice.
Law Day, celebrated May 1 annually, is a day set aside to celebrate the role of law in our society and to cultivate a deeper understanding of the principles that underpin our democracy. Law Day, established in 1958 by President Eisenhower, is more than just a date on the calendar; it’s a moment to reflect on the foundations of our legal system and the ongoing responsibility we all share in upholding them.
The roots of Law Day are deeply intertwined with our nation’s commitment to liberty and justice. It was created to counter communist May Day celebrations and to highlight the values of freedom, equality, and justice under law that are central to American democracy. As the Cold War raged, Law Day served as a reminder of the distinct difference between societies ruled by law and those governed by tyranny.
We live in a time when we read about challenges to the legal profession, the rule of law, the threat to the impartiality of judges and the third co-equal branch of government and to the Constitution itself on an almost daily basis. Thus, the need to affirm the values espoused by Law Day is crucial.
In our current climate, marked by uncertainty and division, the principles embodied in our Constitution and the rule of law ARE more critical than ever. The Constitution is not merely a historical document; it is a living testament to our shared values and aspirations. It sets forth the framework for our government, protects individual rights, and ensures that no one is above the law. As former Chief Justice John Marshall declared, “The government of the United States has been emphatically termed a government of laws, and not of men.” This fundamental principle is what distinguishes us as a nation.
Upholding the Constitution and the rule of law means more than just adhering to legal codes; it means embracing a culture of respect for legal processes, recognizing the importance of an independent judiciary, and acknowledging the rights and dignity of every individual. It means fostering a society where disputes are resolved through established legal channels rather than through violence or arbitrary power.
Justice Sandra Day O’Connor once wisely noted, “The future of our nation depends upon our ability to understand and embrace the essential role of law in American life.” Her words resonate today, underscoring the importance of civic education and engagement in safeguarding our democracy. Each of us has a responsibility to stay informed about our rights and responsibilities, to participate in civic discourse, and to hold our leaders accountable.
However, another quiet way in which the rule of law is always under threat is when all citizens do not have equal access to the justice system. Access to justice is the gateway through which people can protect their rights, seek redress for grievances, and ensure that the law applies equally to everyone.
The work of The Maryland Access to Justice Commission wholly revolves around ensuring that every Marylander who faces a civil legal problem can get the help they need to solve that problem in a way that is just and fair.
One of the values we hold most dear in this country is the value of Justice for All. When we say the Pledge of Allegiance, how does it end? With Liberty and Justice for All.
But in the civil justice system – which makes up about 85% cases in state courts if you remove juvenile and traffic – and includes everything from housing to consumer debt to immigration to public benefits cases, you all know that there is no Miranda warning in these cases as there is when you get arrested. There is no right to an attorney if you cannot afford one in civil legal cases and so many of the people who are processed through the civil justice system are doing so alone – without the help of trained lawyers and professionals.
Now, imagine someone with no training,. experience, or practical knowledge and imagine that stakes are so high for you and your family. You may have been summoned to court to save your home and you don’t know if you will have a roof over your head or for your family after the case. Or you are going in for custody of your child or you are going in to fight your deportation – without knowing your rights, without knowing all the law, without knowing how courts work. How do you think this person would fare? Would their outcome be just? Would it be fair?
Just like if someone goes to webmd to diagnose their medical condition and then performs surgery on themselves to have a great outcome. How would their outcome be in comparison to a doctor with training and experience handling the surgery?
In law school, most of the cases I studied and analyzed and pored over were cases that had litigants that were represented by attorneys on both sides.
Unfortunately, that reality is NOT the reality of what our justice systems are actually like today. In the access to justice world, we talk about the justice gap – and the scale of it is mind-boggling. Nationally, only about 24% of cases have lawyers representing both sides. That means almost ¾ of the people navigating the court system are not attorneys. They are self-represented litigants, going at it on their own.
In Maryland, about 40% of Maryland households – that’s about 920,000 thousand households or about 2,392,000 people who cannot afford to hire an attorney. 10% fall below the poverty line, but an additional 30% still have to choose between paying their rent and putting food on the table – so, hiring an attorney to solve their civil legal problem does not make the cut. Yet, 75% of those people will face at least one civil legal problem in a given year.
If individuals cannot afford legal representation, or if the legal system is too complex or inaccessible for ordinary people to navigate, then the promise of equal justice rings hollow.
And now, there are more threats to achieving equal justice. We are in a moment where civil legal aid funding will be slashed, law firms are on edge about the pro bono they can do, to language access is under attack and student loan forgiveness is out the window, making it hard to recruit and retain attorneys to represent poor people.
Justice Thurgood Marshall emphasized, “Equal justice under law is not merely a caption on the Supreme Court building, it is a call, a summons, a command.” This call to action demands that we address the barriers that prevent many from accessing justice. It requires supporting civil legal aid organizations, encouraging pro bono work, and advocating for reforms that simplify legal procedures and make them more user-friendly.
Access to justice is essential for the health of our democracy. When citizens believe that the legal system is fair and accessible, they are more likely to trust and respect the rule of law. When they feel excluded or disenfranchised, their faith in democratic institutions can erode. It is not enough to simply state that we believe in justice; we must actively work to ensure that justice is accessible to all.
Today and every day let us remember that our commitment to the Constitution and the rule of law must be matched by a commitment to access to justice for all. Let us recommit ourselves to building a society where justice is not a privilege for the few, but a right for everyone. This is how we strengthen our democracy, protect our freedoms, and honor the legacy of those who have fought to ensure that liberty and justice prevail.