WASHINGTON—On Thursday, the District of Columbia Court of Appeals issued an order authorizing a Community Justice Worker (CJW) program, which allows nonlawyers to provide certain civil legal services in Washington, D.C., through existing nonprofit legal-service providers. The Institute for Justice (IJ), a national public interest law firm that rallied community support for the program and broader reforms late last year, applauds the court’s ruling.
“This is an important first step toward addressing the District’s access-to-justice crisis,” said IJ Activism Policy Assistant Kate Harty. “Too many people cannot afford the cost of basic legal services. Allowing trusted, trained nonlawyers to help with things such as filing legal documents, navigating proceedings, and giving basic advice can start to increase the supply of legal help and bring meaningful relief to a system stretched beyond capacity.”
When the court was considering the proposal last year, IJ canvassed across the District to educate the public and encourage community members to submit comments in support of the CJW program, as well as broader reforms to D.C.’s practice-of-law rules. In total, more than 200 D.C. residents submitted comments in response to the Courts’ recommendations, with 98 percent being generally supportive.
In D.C., 75% of plaintiffs are unrepresented in housing conditions cases, 83% of plaintiffs and 93% of respondents in divorce and custody cases, and 97% of plaintiffs in small estate probate cases. This is largely because the average cost of just one hour of an attorney’s time in D.C. is $291. Allowing others to help provide basic legal services can help drive down the costs.
Thursday’s order authorizes nonlawyers to “engage in limited practice of law under the supervision of a D.C. Bar member who is employed by an eligible organization that provides free or low-cost legal services to residents of the District of Columbia.” Applications by legal-service providers to participate in the program must detail eligibility criteria for CJWs, their areas of practice, and training and supervision that will be provided.
The new Community Justice Worker program will officially go into effect on April 6.