Opinion: Our American values: Access to justice for all

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By EDWARD GORDON

Published: 06-29-2024 6:00 AM

The Hon. Edward “Ned” Gordon of Bristol is a practicing attorney who has served a total of three terms in the State House and four terms in the State Senate; 13 years as a judge in the Circuit Court; and over 30 years as the moderator for his town and school district.

In a few days, we will celebrate our national Independence Day, when we reflect on our core shared American values. We demonstrate our commitment to these values by reciting the Pledge of Allegiance which ends with the words “liberty and justice for all.”

As an attorney, I believe that access to justice should be available to all who seek it, not just the privileged or more affluent. New Hampshire has recently taken a tremendous step toward that goal which should be celebrated.

We have long known that the ability or inability to be represented by legal counsel can impact judicial outcomes in our court system. That is why, in criminal cases, where incarceration is a possibility, the state recognizes a constitutional obligation to provide litigants with legal counsel.

If our goal is justice, we should be doing all we can to see that people seeking justice in our court system have an effective voice. But in many civil proceedings, for example when people contest an illegal eviction or foreclosure or when a domestic violence victim petitions for a protective order, there is no guarantee of counsel.

Between 80 to 90 percent of the parties appearing in our family courts are unrepresented. Most of those cases involve children and the result of those proceedings may have lifetime consequences. Studies show that, while there may be multiple reasons why litigants are unrepresented, the cost and availability of legal counsel is the most significant factor.

That is why I am grateful and proud that Gov. Sununu signed into law on June 13 a bill to enable trained and supervised paralegals to represent lower-income litigants statewide when they face legal problems that threaten their homes, families, and personal safety. For two years now, paralegals have done this work as part of a pilot project in a small number of courts. All accounts have been overwhelmingly positive.

This important program could not have happened without the effort and support of many, and in particular, the staff of NH Legal Assistance. They fight for justice every day in our courts and in our legislature. They understand that to be meaningful, the judicial system must serve all people well, not just the privileged or more affluent. In partnership with 603 Legal Aid, they strive every day to serve as many of our neighbors who need access to the skills and education of a legal advocate as they can.

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When a tenant needs to stand up to a landlord to complain about mold or vermin, broken appliances or faulty plumbing, risking eviction as retaliation, it is important that someone from legal aid is there to stand beside and speak for him or her.

It is just as important that when a person is in an abusive relationship and worries they lack the means to defend themselves or cannot afford to leave, that someone from legal aid is there to advocate for their rights and to seek protection from further abuse.

Thanks to the expanded pilot project, more qualified people are empowered to use their skills and experience to benefit our neighbors in need of justice.

If you or someone you know is in need of civil legal help, please reach out to 603 Legal Aid online at 603legalaid.org or on the phone at 603-224-3333.

Equal standing before the law is a fundamental American value for all, it should not just be a privilege for the few.