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Newsletter--Summer 2008.Pub THE L EGAL S ERVICES S ENTINEL Volume 3, Issue 2 Summer 2008 Information Provided by: Pro Bono Law of British Columbia One need not look very far to see that the challenges of accessing justice are increasing daily. More and more people are appearing in court without a lawyer, largely because they cannot afford one. The gap between rich and poor has widened, the law has become increasingly complex and se- vere budget cuts have had a dramatic impact on the availability of legal aid. Social service and com- munity organizations that have traditionally assisted those with limited means are finding their re- sources stretched to the limit. The challenges of gaining equal access to justice are real. Lawyers hold a unique place within the justice system and are well positioned to respond to the ur- gent need that exists in our communities. Canada, Australia, the United States and Britain are just some of the countries around the world where the legal profession itself has taken a leadership role in finding ways to promote lawyers’ participation in pro bono work. The responsibility to do pro bono work is premised on the proposition that no one should be denied access to justice because of poverty. In a modern democracy that is dedicated to the rule of law, the justice system should be accessible to everyone. Inside This Issue: It is Pro Bono Law of BC’s strongly held view that government has the primary responsibility to provide adequate legal aid to ensure equal access to jus- A View From the Top 2 tice. The legal profession does, however, play a fundamental role in ensuring Pro Bono the proper administration of justice. Even with a properly funded legal aid sys- 4 tem, there have always been those who lack the means to obtain legal advice or assistance. Lawyers who believe they have a moral or professional duty to Donate to Legal Services break down the barriers that prevent full access to justice represent many of of North Dakota: 5 these people for free. These pro bono activities in the public interest are an im- Dear Kelsee: portant aspect of professionalism and the practice of law: I have some questions: 6 The Constitution and Bill The lawyer’s function is grounded in role morality, the idea that of Rights: 8 special obligations attach to certain roles, in this case, to render justice. Lawyers claim autonomy to perform their functions as a Legal aid falls short in S.D.: consequence of specialized knowledge and skill. The state grants 10 autonomy, an effective monopoly, in exchange for lawyers, as Non-US Citizens who are officers of the court, discharging their duty to further equality SSI Beneficiaries: 11 before the law. After all, the very reason the state conferred such In the Spotlight: a monopoly was so that justice could best be served, a notion that 12 surely means that even those unable to pay or those pursuing an Employee Recognition unpopular cause can expect legal representation. A lawyer’s duty LSND News and Notes: 13 (Continued on page 4) Outreach Calendar 15 1 A View From the Top By: Jim Fitzsimmons, Executive Director The Constitution does not just protect those whose views we share; it also protects those with whose views we disagree. — Edward Kennedy Senator Ted Kennedy of Massachusetts was di- morning in fear and confusion and sat in front of a agnosed with a malignant brain tumor. The media black and white television for the next three and ran wild with the story back in May. The stories one-half days as history played out before our eyes. correctly included how effective a legislator he has been for over 45 years in office and praise from his The “New Frontier” and the American dream most conservative opponents. For me, it brought came crashing down. Lyndon Johnson took over as back memories of the 1960's and his brothers, John President, and our involvement in the Vietnam and Robert, or as America called them back then, “conflict” escalated dramatically. By 1968 Viet- “Jack” and “Bobby.” nam was dividing a nation. President Johnson an- nounced he would not seek re-election. The De- In 1960, Jack Kennedy was elected the first mocratic race came down to three candidates in the Catholic President in the history of the United summer of 1968 – Hubert Humphrey, a Senator States. Chicago made the news due to the unusually from Minnesota; Eugene McCarthy, who at one large number of “dead” people who voted for the time taught at Mandan High School; and Jack Ken- then Massachusetts Senator. nedy’s younger brother, Bobby. Kennedy’s short presidency was filled with nu- As a sophomore in high school, having just merous highlights, but the one I recall best moved to Dickinson, ND, I didn’t know anyone was the Cuban missile crisis. When Kennedy or- there. I basically took driver’s education and fol- dered the naval blockade of Cuba to halt the Russian lowed the presidential primaries during the summer missile buildup on Cuban soil, he took the world to of 1968. the brink of all out nuclear war. But Russia backed down and Kennedy’s legend grew. As you watched TV day after day (which I did), you could see the momentum building for History books tell us that John F. Kennedy was Senator Robert Kennedy. It seemed like there was killed in the streets of Dallas, Texas, on November a potential for a new beginning. The promise for 22, 1963. But for Americans who were old enough this country, that many felt died on the streets of to recall, it was much more tragic than just a page in Dallas back in ‘63, was reawakened. People, espe- a history book. Talk to anyone born before 1955 cially young people, were getting involved! and they can tell you exactly what they were doing that fateful November morning when they heard the And then – it happened again! After winning news. the California Democratic primary, Senator Robert F. Kennedy was killed on his way to the victory I was sitting in the gymnasium at St. Joseph’s celebration in a Los Angeles hotel. Our nation was Elementary School in Mandan, watching a movie again in shock. with my 5 th grade classmates. Suddenly the movie stopped and the principal, Sister Hugo (yes, that was The youngest brother, Ted, now became the her real name), stood in front of us with tears run- sole heir of Camelot. Over the next 40 years, he ning down her face and announced, “The President guided his brothers’ families, made his share of of the United States has been shot! Go home to your mistakes, was responsible for more legislation than families and pray for our country.” We were all in anyone in the past century (other than Franklin shock. Sister Hugo did not cry! She did not dismiss school early for any reason! We went home that (Continued on page 3) 2 (View from the Top, Continued from page 2) in private with the support of our family, friends and God. He will not be so fortunate. This is a battle he Roosevelt), and has lived his life in a public spot- will have to wage in front of all of America – thanks light reserved for rock stars and sports heroes. A to the ever present media. champion of the elderly and low-income, he is a sig- nificant leader in providing federal funding for civil Millions of thoughts and prayers are with Sena- legal services to the poor. tor Kennedy at this difficult time. Not just for an American legend, who I am afraid will not be Senator Ted Kennedy is now facing his toughest granted the privacy he deserves, but also for all that challenge in a lifetime filled with them. Most of us goes with the Kennedy name and legacy. Someone who develop a life-threatening disease can battle it once called it “America’s unfulfilled promise.” EW! N ive Nat SND hure L Broc rican Ame The Legal Services Sentinel is published by Legal Services of North Dakota, PO Box 1893, Bismarck, North Dakota 58502-1893. James P. Fitzsimmons, Publisher ~ Stacey Fetzer, Editor 3 (Pro Bono?, Continued from page 1) to serve those unable to afford to pay is thus not an act of charity or benevolence, but rather one of professional responsibility, reinforced by the terms under which the state has granted to the profession effective control of the legal system. Katzman, R. ed. (1995) The Law Firm and the Public Good , Washington DC: The Brookings Institution. Pro Bono Why We Do What We Do By Marta-Ann Schnabel, Past-President of the Louisiana State Bar Association Many felt that as a small firm lawyer I was student observed: “If I owned a hardware store, I foolish to think I could serve as president of the wouldn’t even consider sending one of my employ- Louisiana State Bar Association and keep up with ees down the street to work for 50 hours on my clients. Yet I emerged without resorting to bank- nickel at another hardware store. Why would there ruptcy court, and reflecting six months later on why be a rule telling a lawyer that he should aspire to do I embarked on such a path, the answer is simple: I such a thing? I mean, charity is good and all, but still believe that what we do is a special calling. business is business.” Not all law students hear that call, so in an ef- We small and solo practitioners know that we fort to “enhance” the hearing of those entering Lou- didn’t go to law school to become purveyors of isiana’s law schools, I participated in the “Law hardware, though some days it would be nice to be School Orientation Professionalism Program” for just about business.
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