State Supreme Court calls on lawmakers to study access to counsel in civil matters

Listen to this article

The Wisconsin Supreme Court is calling on state lawmakers to have a specially formed committee study what can be done to make sure that those who cannot afford to hire a lawyer in civil cases can still receive legal representation.

“The Supreme Court recognizes that thousands of Wisconsinites are unable to afford legal services in civil cases,” the justices wrote in a letter sent Jan. 19 to the state Legislature’s Joint Finance Committee. “The Court believes that legal services are critical in many of these cases and that too often they are not provided.”

Wisconsin lawmakers this year approved taking $500,000 in state money every year and using it to help ensure everyone can benefit from legal counsel in civil cases. Even so, the justices believe that a more comprehensive solution is still needed.

One goal of the proposed new commission would be to suggest additional ways to pay for providing legal counsel to those who cannot afford it.

In a study conducted in 2007, the State Bar found that more than 500,000 Wisconsinites were involved in civil legal matters without the help of a lawyer or other legal professional. Two years later, the Supreme Court began charging lawyers an additional $50 a year to practice in the state.

The money raised from that source now goes to the Wisconsin Trust Account Foundation Inc., which helps provide civil legal services.

Meanwhile, 2009 also saw the justices call for the formation of the Wisconsin Access to Justice Commission, which is meant to help low-income residents obtain legal counsel in civil cases.

The Supreme Court was asked in 2011 to create a rule recognizing the right to legal counsel in civil cases. The justices declined, citing a lack of money.

Even so, the court increased the annual fee charged to out-of-state lawyers from $50 to $250 in 2014. Of the money now raised from that source, $100 goes to the Wisconsin Trust Account Foundation and $50 goes to the Wisconsin Access to Justice Commission. Follow @TDR_WLJDan