SC Access To Justice Weblog

Exploring ways to expand and enhance legal services to South Carolinians with low income or of modest means

MPI Offers E Pluribus Unum Prizes for Immigrant Integration

From their website:

The E Pluribus Unum Prizes are a national awards program that provides four $50,000 prizes annually to exceptional initiatives that promote immigrant integration.

The awards are intended to recognize exceptional immigrant integration initiatives that help immigrants and their children adapt, thrive, and contribute to the United States or that bring immigrants and the native born together to build stronger, more cohesive communities.

This is exciting news for funding for some of our legal partners who work with immigrants, especially in this economy. Thank you MPI for offering us not only good empirical data on immigrants, but for offering this opportunity.

-RFW

Filed under: 1, Immigration, LEP, Law, Legal, Legal Clinic, Legal Documents, Legal Drafting, Legalese, Limited English Proficiency, Plain English, Plain Language, Readability, Right to Counsel, SC Appleseed Legal Justice Center, South Carolina, South Carolina Access to Justice Commission, access to justice, access to justice blog, advocacy, attorney, blog, children, indigent, legal aid, poverty, public interest attorney , , , , ,

U.S. Department of Justice Overhauls its Site

Have you heard?

Listen Up

The U.S. Department of Justice overhauled its website and has added a blog. They’re also online on Twitter, Facebook, MySpace and YouTube.

Justice.gov en español

The site is clean and easy to navigate. If you have a moment, take a look!

-RFW

Filed under: 1, DOJ, Department of Justice, LEP, Law, Legal, Limited English Proficiency, Right to Counsel, Rule of Law, South Carolina Access to Justice Commission, access to justice, access to justice blog, advocacy, attorney, blog, disability, people with disabilities, public interest attorney , , , , , , , , , ,

Elkins Family Law Task Force Recommendations Open for Comment

On October 2, 2009, the Elkins Family Law Task Force released its draft recommendations for ways to improve access to justice in the California Family Court system.

The public comment period is October 1, 2009, through December 4, 2009.

The draft recommendations and an online comment form are available at www.courtinfo.ca.gov/jc/tflists/elkins.htm.

In addition, the task force will hold two public hearings to receive in-person comments on the draft recommendations. The public hearings will be held on Thursday, October 22 in San Francisco, and on Tuesday, October 27 in Los Angeles. For information and to sign up to participate in the public hearings, go to www.courtinfo.ca.gov/jc/tflists/elkins.htm.

To learn more about the Task Force, view the FACT SHEET.

It’s evident from the List of Topics (below) that the Task Force worked hard to review the entire system:

1. Right to Present Live Testimony at Hearings
2. Expanding Legal Representation and Providing a Continuum of Legal Services
3. Caseflow Management
4. Providing Clear Guidance Through Rules of Court
5. Children’s Voices
6. Domestic Violence
7. Enhancing Safety
8. Contested Child Custody
9. Minor’s Counsel
10. Scheduling of Trials and Long-Cause Hearings
11. Litigant Education
12. Expanding Services to Assist Litigants in Resolving Their Cases
13. Streamlining Family Law Forms and Procedures
14. Enhancing Mechanisms to Handle Perjury
15. Standardize Default and Uncontested Process Statewide
16. Interpreters
17. Public Information and Outreach
18. Judicial Branch Education
19. Family Law Research Agenda
20. Court Facilities
21. Leadership, Accountability, and Resources

The SC Access to Justice Commission will continue to follow the project and update you as it develops.

-RFW

Filed under: 1, Civil Gideon, Court, LEP, Law, Legal, Legal Documents, Legal Drafting, Legalese, Limited English Proficiency, Plain English, Plain Language, Readability, Right to Counsel, Rule of Law, South Carolina Access to Justice Commission, access to justice, access to justice blog, advocacy, attorney, blog, children, court innovation, divorce, domestic violence, elderly, foster parents, indigent, law librarians, law students, legal aid, poverty, poverty guidelines, public interest attorney, self-represented litigant , , , , , ,

LEP Case in Maryland

FOR IMMEDIATE RELEASE
Monday, October 5, 2009

FOR MORE INFORMATION, CONTACT:
Aeda Chung, Marketing Coordinator
202.393.3572 x 32; aeda.chung@apalrc.org
Nadia Firozvi, Staff Attorney
202.393.3572 x 23; nadia.firozvi@apalrc.org

Maryland Court of Appeals to Hear Oral Arguments Concerning Legal Rights of Limited English Proficient Litigants

(Annapolis, Maryland)  The highest state court of Maryland will hear oral arguments on Tuesday, October 6, 2009, concerning the legal rights of limited English proficient litigants.  The Asian Pacific American Legal Resource Center (Center), joined by CASA de Maryland and the Maryland Legal Aid Bureau, filed a friend-of-the-court brief in support of Ms. Nonceeya, a Thai speaking and limited English proficient immigrant, in the matter of Nonceeya v. Lone Star Steakhouse.  The Public Justice Center is acting as co-counsel in this appeal.The Center’s brief provided the necessary contextual information about the limited English proficient community and the Maryland judiciary’s responsibilities under the law as language barriers continue to prevent limited English proficient (LEP) litigants from accessing courts.

Ms. Nonceeya had worked at Lone Star Steakhouse for just over two years and filed a national-origin employment discrimination complaint against Lone Star’s managers and staff.  She filed this complaint in the Montgomery County Circuit Court against her former employer without the assistance of an attorney, and requested the assistance of an interpreter at all court proceedings, which was granted by the Circuit Court. Lone Star Steakhouse, however, failed to provide an interpreter during a deposition that lasted for three days in English. The deposition later served as a basis for the Circuit Court’s decision as the court granted Lone Star’s motion for summary judgment.

The Center urges the Court of Appeals to ensure access to justice for all Maryland residents, regardless of language ability.  The Center’s experience with advancing the legal and civil rights of hundreds of limited English proficient Asian immigrants underscores the need to provide interpretation in court proceedings.

The Asian Pacific American Legal Resource Center is the Capital Region’s nonprofit advocate advancing the legal and civil rights of Asian Pacific Americans through direct services, education, and advocacy.

The Asian Pacific American Legal Resource Center
D.C. Office      1600 K Street, NW, Mezzanine Level, Washington, D.C. 20006
♦ Helpline:  202.393.3572                     Fax: 202.393.0995

Main: Ext. 22
Chinese: Ext. 18
Hindi/Urdu: Ext. 19
Vietnamese: Ext. 20
Korean: Ext. 21

Maryland Office 11141 Georgia Avenue, Suite 215, Silver Spring, MD 20902

♦ Phone: 301.942.2223

APALRC: Ensuring Access to Justice for Asian Pacific Americans Since 1998
www.apalrc.org

Many Thanks to Claudia Johnson for pointing us to this!
-RFW

Filed under: 1, Court, LEP, Law, Legal, Legal Documents, Legalese, Limited English Proficiency, Plain English, Plain Language, Readability, access to justice, access to justice blog, attorney, blog , , , , , , , , , , , ,

SC ATJ attends the SC Clerk of Court Conference 10.1.09

Last Thursday I had the privilege of speaking at the South Carolina Clerk of Court Conference at the Hilton Garden Inn in Aiken, SC. My presentation was an update of access to justice.

The presentation was met with enthusiasm and discussion continued even past the presentation. Luckily, at the last minute, I was able to incorporate a little of the updated report from LSCDOCUMENTING THE JUSTICE GAP IN AMERICA.

Here’s the presentation:

Clerks fall conf 10.1.09

And here are some of the photos:

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Thanks to Katie Staden from the SC Bar who accompanied me and took some of the photos when I was speaking!

-RFW

Filed under: 1, Court, IOLTA, LEP, Law, Law Related Education, Legal, Legal Clinic, Legal Documents, Legal Drafting, Limited English Proficiency, Plain English, Plain Language, Right to Counsel, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar, South Carolina Court Administration, South Carolina Courts, access to justice, access to justice blog, advocacy, attorney, blog, indigent, law librarians, law students, legal aid, poverty, pro bono, public interest attorney , , , , , , , , , ,

SC awarded AoA Grant to Assist Seniors Access Legal Services

Just a little while ago, I was on a conference call with representatives from California, Louisiana, Maine, Missouri, Nebraska, North Carolina, Ohio, Rhode Island, South Carolina, Utah and Vermont as we discussed 2009 Model Approach Grants awarded to our respective states. The press release is below:

AoA-Grants.Announcement-09_18_09

Exciting news for SC and access to justice for senior South Carolinians!

-RFW

Filed under: 1, Ask-A-Lawyer, Charleston Pro Bono Legal Services, Charleston School of Law, LEP, Law, Legal, Legal Clinic, Legal Documents, Legal Drafting, Legalese, Limited English Proficiency, SC Bar, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar, South Carolina Bar Pro Bono Program, South Carolina Courts, South Carolina Legal Services, access to justice, access to justice blog, advocacy, attorney, blog, disability, elderly, indigent, law students, legal aid, poverty, pro bono, self-represented litigant , , , , , , ,

Friday Resource: SC Appleseed Legal Justice Center

Friday Resource - SC Appleseed Legal Justice Center

Friday Resource - SC Appleseed Legal Justice Center

In South Carolina, when you think of poverty law and advocacy, you often think of  the SC Appleseed Legal Justice Center.

What you may not know is that SC Appleseed also publishes brochures, manuals and pamphlets for South Carolinians. Like the SCATJ Commission, SC Appleseed is a fan of PLAIN LANGUAGE and has some material available in Spanish (en español).

-RFW

Filed under: 1, IOLTA, LEP, Law, Legal, Legal Clinic, Legal Documents, Legal Drafting, Legalese, Limited English Proficiency, Plain English, Plain Language, Readability, SC Appleseed Legal Justice Center, South Carolina, South Carolina Access to Justice Commission, access to justice, access to justice blog, advocacy, attorney, blog, legal aid, poverty, public interest attorney , , , , , , ,

Resource Friday/Pro Bono: National Domestic Violence Pro Bono Directory

Domestic Violence happens.

Resource Friday

Resource Friday

Unfortunately Domestic Violence happens in South Carolina and throughout the nation.

The American Bar Association (ABA) recognized that the prevalence of domestic violence in the United States and recently debuted the NATIONAL DOMESTIC VIOLENCE PRO BONO DIRECTORY.

viernes de recursos

viernes de recursos

Para información en español: https://www.abanet.org/publiced/practical/sp_domviol.html.

Good Job ABA!

-RFW

Filed under: 1, ABA Litigation Section, LEP, Law, Legal, Legal Clinic, Legal Documents, Legal Drafting, Limited English Proficiency, South Carolina, South Carolina Access to Justice Commission, access to justice, access to justice blog, attorney, blog, domestic violence, legal aid, pro bono, public interest attorney , , , , , , , , , , ,

P&A Wants You(r Input)!

Every year the South Carolina protection and advocacy system, Protection and Advocacy for People with Disabilities, Inc. (P&A) asks for public opinion on what they should do also known as priority work areas.

Their Board of Directors reviews the information from the public and compares it to data they have received throughout the year. Once the Board has completed this process, it sets the priority work areas for the year. The reason they’re asking for it now is that their fiscal year runs October 1 to September 30.

To get your input into setting their priority work areas, P&A asks that you complete their online survey that will close on September 10, 2009.

suggestion box

-RFW

Filed under: 1, AIDS/HIV, DOJ, Election, Health Care, Immigration, LEP, Law, Legal, Legal Clinic, Limited English Proficiency, South Carolina, South Carolina Access to Justice Commission, Unemployment, access to justice, access to justice blog, advocacy, attorney, blog, children, constitution, disability, elderly, employment, homeless, housing, hunger, indigent, legal aid, people with disabilities, poll, protection and advocacy system, public interest attorney, self-represented litigant, veterans , , , , , , ,

Answering FAQs: It’s Harder than You Think!

FAQ

FAQ

The SC Access to Justice Commission has been working with the Clerk of Court Work Group to develop answers to Frequently Asked Questions or FAQs. These FAQs have taken considerably more time to complete than I had originally thought.

Why?

Because the Clerks, Court Administration and the Commission want to make certain that the information we provide to the public is

  1. accurate,
  2. complete, and
  3. helpful.

In order to assure accuracy, we have reviewed the South Carolina Rules of Civil Procedure (SCRCP), the South Carolina Code as well as information provided by other states. Additionally, to ensure that the information is complete, we have researched case law and publications, such as “Service of Process in South Carolina” by John S. Nichols and published by the SC Bar.

One other factor that is extremely important to the Clerks, Court Administration and the Commission is that the information is provided in an easy-to-read format and that it is easily understandable. In other words, we want them to be written in PLAIN LANGUAGE.

This week the Commission is submitting the Questions and Answers to the Circuit Court and Family Court Advisory Committees where they will provide another level of scrutiny to ensure that the answers are accurate, complete and helpful.

When the FAQs with their model answers are complete, they will be available online. Be stay tuned for updates.

We’re looking forward to sharing the FAQs and answers with you!

-RFW

Filed under: 1, Court, LEP, Law, Legal, Legal Documents, Legal Drafting, Legalese, Limited English Proficiency, Plain English, Plain Language, Readability, SC Bar, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar, South Carolina Court Administration, South Carolina Courts, access to justice, access to justice blog, attorney, blog, court innovation, legal aid, self-represented litigant , , , , , , , , , , , , , , , ,

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