Justice Action Group

Justice Action Group

The Justice Action Group (JAG) is an organization that performs leadership and coordination with respect to planning for, and the provision of, legal services to low-income Mainers. Its membership includes individuals from the state and federal judiciary, the Maine Legislature, the Executive Branch, the Maine State Bar Association, the Maine Bar Foundation, the Maine Civil Legal Services Fund Commission, and the boards of legal service providers. Provided below are information and links about the current activities of JAG.

Statewide Planning Initiative

In 1990 the Maine Commission on Legal Needs found that Maine’s legal service providers and pro bono attorneys were able to serve only one in four of the low income people in the state who needed a lawyer. Unfortunately, during the last 15 years, Maine has not been able to close this gap and a significant number of Maine people are still denied the services of a lawyer as they seek justice.

In 2004, one of the primary recommendations from the Legal Services Commission (LSC) Evaluation visit was that Maine engage in a statewide planning process, creating a vision for legal services in the year 2020 and a roadmap to achieve that vision.

To respond to the continuing challenge of unmet need, and the recommendation of the LSC, the Justice Action Group has begun a statewide planning project that will focus on the initiatives needed to enhance access to legal services for those now denied them because of low income or other disadvantage or vulnerability.

This type of planning effort is not new to Maine. The Muskie Legal Needs Study released in 1990 and the Commission to Study the Future of Maine’s Courts (1993 – 94) both set out a blueprint for the future direction of Maine’s legal system. Both efforts have had significant measurable success in achieving their objectives.

Statewide Planning Goals

The primary goals of the statewide planning process would be to:

- create a vision of what the justice system should look like, particularly as it relates to those who are now denied access to the assistance of a legal professional because of low-income or other disadvantage or vulnerability

- develop a plan to make that vision a reality

- implement the plan, and

- measure and reassess the results of our work.

Stakeholder Involvement

A key ingredient to the success of both the planning process and making the vision a reality is obtaining buy-in from key stakeholders, both institutional and individual. One of the tasks of the Planning Committee will be to create a process that engages key stakeholders and may mean that different stakeholders will be involved in different ways at different stages throughout the process.

Statewide Planning Retreat

On March 21, 2006 the Justice Action Group sponsored a planning retreat as a kick-off to the planning process. The purpose of the retreat was to bring together interested stakeholders to develop a vision, identify problems, discuss possible solutions and determine the work plan for the next stages of the process. Following are links to materials related to the Retreat.

Vision of a Civil Justice System in Maine - Recognizing that it did not provide a complete picture, Retreat participants used this document as the starting point for a discussion of the values that should be reflected in the state’s civil justice system based on those that have been identified in previous planning efforts in Maine.

JAG Statewide Planning Retreat Issues List – This list was used to identify potential goals in broad issue areas pertinent to the state’s civil justice system and to develop a list of possible strategies to accomplish those goals.

JAG Planning Retreat Supplemental Information – This is background information that was prepared for Retreat participants regarding the goals of statewide planning, examples from other states, a checklist of access to justice strategies and some background data on Maine demographics, type and amount of legal assistance provided in Maine, and some information about gaps in service and the problems people encounter as the enter Maine’s legal system.

Group works to make justice accessible, Wednesday, March 22, 2006 - Bangor Daily News story regarding retreat and kick-off of statewide planning effort.

Planning Resources

During JAG’s planning process this website will serve as a clearinghouse of background materials and resources that may be useful to those involved in the planning process or others who are interested in becoming informed about access to justice and related issues.

Historical Information

The 1990 Report of the Maine Commission on Legal Needs, (or Muskie Study) – Executive Summary

The Commission to Study the Future of Maine Courts, (1993 – 1994) – Executive Summary

A History of the Justice Action Group: October 1995 – May 2000, The Hon. Frank M. Coffin, Senior U.S. Circuit Judge, United States Court of Appeals for the First Circuit, Maine Bar Journal, October 2000

Evaluation of the Maine State Justice Community, Sept. 13–17, 2004 -

       Maine Evaluation Letter to Nan Heald – 10-12-04
       State Justice Communities Planning Initiative Evaluation Instrument
       Appendix A – Additional Comments for Parts 1, 2 & 3

Poverty Information

Budgeting for Poverty

Poverty USA

NPR Morning Edition: "A City Steps Up: Savannah Confronts Poverty" - March 20, 2006.

Maine Center for Economic Policy

Maine State Planning Office - Economics and Demographics including Poverty Information

Pro Bono Information

A Study Concerning Maine's Present and Possible Future Responses to the Pro Se Question, Stacy O. Stitham, April 25,2005, (J.D. Candidate, Harvard Law School, 2005)

Stakeholder Input

As part of the planning process, the Justice Action Group needs help in identifying current barriers to access to justice in Maine's civil legal system. To gather this information JAG is surveying all users of the civil legal system - lawyers, judges, clients, legal service providers, social service agencies, funders, policymakers, etc. JAG would like information about problems people have encountered or observed with access to or the delivery of justice. Ideas for solving the problems are also welcome. Please click on the link below to the appropriate survey. Feel free to download the survey and cover letter from JAG's Chairperson, Judge Lipez, to copy and share with others who might be interested in responding.

Thank you for your input.

Links to Surveys

Cover Letter, Judge Kermit V. Lipez, Chairperson, Justice Action Group

Client Survey, Speak Out and Be Heard – Client/Consumer/Constituent Survey

Professional Survey, Lawyer and Other Professional Survey

For more information about the Statewide Planning Process contact: Sally Sutton, JAG Executive Coordinator, jag@maine.rr.com or 799-5355

Legislative Initiative

In 2005 JAG initiated legislation to offset cuts, maintain current services and enhance access to justice by providing funding for legal aid for low income and needy elderly Maine people through a direct appropriation and an increase in the amount of surcharges on court fees and civil fines paid into the Civil Legal Services Fund.

On June 9, 2005, Governor Baldacci signed into law LD 715 - An Act to Provide Support for Legal Services for Low-Income Mainers. The purpose of this bill is to enhance access to justice for low-income and needy people and needy elderly Maine people through an increase in the amount of surcharges on civil fines paid into the Civil Legal Services Fund. Currently funded programs include: the Maine Volunteers Lawyers Project, Legal Services for the Elderly, Cumberland Legal Aid Clinic, Pine Tree Legal Assistance, and the Maine Equal Justice Partners.

The need for more funds for legal aid in Maine has been well documented since The Maine Commission on Legal Needs issued its report in 1990 calling for substantially more funding. Since that time, however, even the limited amount of support that existed has been reduced. The federal government has made cuts and continues to limit funding. Recognizing the level of need, Maine’s legal community, through its donation of pro bono services and its generous financial contributions to the Campaign for Justice, has come forward and continues to do its part in addressing this need, placing Maine amongst the leaders in the country in terms of dollars and pro bono hours contributed. These efforts, unfortunately, are not enough to meet the need that exists, so through LD 715 the state was approached for additional funding.

The initiative to seek additional revenues for the Civil Legal Services Fund received widespread support from the legal community including: the Maine State Bar Association, Maine Bar Foundation, Maine Trial Lawyers, a number of county bar associations, and Chief Justice Saufley. Additionally, the bill provided an excellent example of a bi-partisan effort. The prime sponsor of the bill was Assistant House Republican Leader Joshua Tardy and the legislation received early public support from Senate President Beth Edmonds and Speaker of the House John Richardson. Ultimately, with the leadership and guidance of Judiciary Committee Chairs, Senator Barry Hobbins of York County and Representative Deborah Pelletier-Simpson of Auburn, the proposed legislation received a unanimous report of Ought to Pass as Amended from the Judiciary Committee.

A fiscal note on the bill projects that an additional $298,994 will be raised for the Civil Legal Services Fund from the increased surcharge in 2005-06. In 2006-07, with a full year of fine collection, that amount will be increased to $551,988.

In addition to raising more money for the Civil Legal Services Fund, the legislation that passed also made some changes in the types of organizations eligible to apply for funds. The funds “must be disbursed to legal services providers to support the provision of free legal services to low-income or needy people or the needy elderly in the State.” Furthermore the section provides that: “Nonprofit organizations whose missions include the provision of free legal services and who have at least one year of experience providing free civil legal services,” among others, are eligible to apply for funds. (Public Law Chapter 361, Section 1. 4 MRSA §18-A) For a full version of the legislation go to the link below for Chapter 361.

Chapter 361 – An Act to Provide Support for Legal Services for Low-income Mainers – Signed into law by Governor Baldacci on June 9, 2005

Maine Civil Legal Services Fund Commission - For more information on the Maine Civil Legal Services Fund.

Need for Support for Legal Services - Provides background information about the need for legal services in Maine, the number of people needing services, and information about the level of services provided.

Fundamentals For Effective Lobbying - Tips on how to email, phone or write to a legislator.

How to Contact Your Legislator:

Dial 1-800-423-2900 to leave a message for your representative and call 1-800-423-6900 to leave a message for your senator. If you need to find out who your legislators are, go to http://janus.state.me.us/house/townlist.htm to locate your representative and http://www.state.me.us/legis/senate/ to locate you state senator or call JAG at 799-5355.

If you are interested in learning more about any legislation before the Maine Legislature, or to access Maine statutes, visit the Maine Legislature's Web site: http://janus.state.me.us/legis/.

Limited English Proficiency

A Report to the Justice Action Group on Access to Maine Courts for Individuals with Limited English Proficiency – January 2005. For a copy of the report, click here. To return to the JAG home page, please click your browser's "back button."

If you have questions or require further information, please contact:

Justice Action Group
Sally Sutton, Executive Coordinator
P.O. Box 2460
South Portland , ME 04116-2460

Tel: (207) 799-5355
Fax: (207) 767-3927 (call first)

Email: JAG@maine.rr.com

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