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SUPREME COURT OF ARKANSAS
IN RE ACCESS TO
Opinion Delivered April 2, 2009
JUSTICE COMMISSION AND
BAR OF ARKANSAS LICENSE FEES
PER CURIAM
The Arkansas Bar Association petitioned this court to create the Arkansas Access to
Justice Commission, and the petition was granted in 2003. See In re Arkansas Bar Association
Petition for Creation of the Arkansas Access to Justice Commission, 355 Ark. App’x 709 (2003). The
purpose of the Commission is to “coordinate efforts to improve access to the civil justice
system for poor and near-poor individuals who cannot afford attorneys for representation in
civil legal matters.” Id. at 710. The goals of the Commission are set out in the per curiam
order:
A. Develop an objective and accurate understanding of
the problems Arkansans face in using our legal system
to obtain justice in civil cases.
B. Devise a strategic plan for statewide delivery of
civil legal services to all Arkansans.
C. Review and report on the efficient allocation and
application of the available resources.
D. Educate the people of Arkansas about the
Cite as 2009 Ark. 183
importance of equal access to justice and of the
problems many Arkansans face in gaining effective
access to our civil justice system.
E. Encourage a strong and consistent commitment to
providing equal access to justice among the leaders
of our state.
F. Suggest innovations that will increase effective
access to the civil justice system for all Arkansans.
G. Provide technical and other support to the efforts
of the legislature, courts, and other government
agencies to improve access to justice for the people
of Arkansas.
H. Develop stable, long-term funding and other
resources to support access to civil justice.
Id. at 711–12. The Commission consists of fifteen members appointed by the Governor,
Arkansas Bar Association, Speaker of the House, President Pro Tempore of the Senate, and
the Supreme Court.
Since its inception, staff support for the Commission has been provided by Arkansas
Legal Services Partnership (“Partnership”), a consortium of two nonprofit legal services
programs, the Center for Arkansas Legal Services and Legal Aid of Arkansas. However, staff
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support for the Commission is not the primary function of either of these entities.
1
They have
much on their plates already, and limited funding further strains their ability to meet the
growing demand for free legal services, especially during times of economic recession.
The Arkansas Supreme Court has not provided staff or financial support to the
Commission.
The
court
has
approximately
sixteen
committees
and
boards
which
are
supported by revenues from attorney license fees. Since the Commission is a creature of the
court, created at the behest of the Arkansas Bar Association, we believe that it should receive
financial and staff assistance from the court as do these other entities.
The court has historically tried to explain to Arkansas attorneys how the Bar of
Arkansas License Fee funds are used, why the assessment levels are set as they are, and why
the need for an increase if one is being made. When we last addressed this topic in 2001, the
Commission was not in existence, so its funding was not on the table. If it had been created,
we have little doubt that it would have been included.
In 2001, the annual dues for membership in the Bar of Arkansas were raised, effective
January 1, 2008, as follows: an annual license fee of $200.00 for lawyers who have been
licensed for three or more years, $125.00 for new enrollees who have been licensed for fewer
than three years, and $20.00 for lawyers who are sixty-five years of age or older. See In re Bar
1
The Center for Arkansas Legal Services, based in Little Rock, and Legal Aid of
Arkansas, headquartered in Jonesboro, are 501(c)(3) nonprofit organizations that provide free
legal services to low-income Arkansans in non-criminal cases in such legal areas as family,
consumer, housing, elder, landlord-tenant, social security, medicaid, and medicare. Together
the two programs serve clients in all seventy-five counties in Arkansas.
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of Arkansas License Fees, 346 Ark. App’x 574, 575 (2001). At that time, we discussed the history
of the assessment of annual dues and various increases over the years. In particular, we
explained the reasons for the need to increase the assessments, including: “new costs related
to the implementation of the Arkansas Lawyer Assistance Program, restructure and expansion
of the operations of the Office of Professional Conduct, and the need for additional resources
for
the
Client
Security
Fund.
These
new
and
revised
programs
arose
from
the
recommendations made by the Arkansas Bar Association, the American Bar Association, and
individual members of the Bar.” Id. at 575.
In 2001, we anticipated that in the 2008–2009 time frame, there would be a deficit.
Fortunately, our projections have not held true, and we are not currently running a deficit.
With better than expected resources, the supreme court is in a position to address the needs
of the Commission, a need that heretofore has been borne by the Arkansas Legal Services
Partnership.
As
we
have
done
in
connection
with
other
funding
needs,
we
will
take
this
opportunity to explain why the Commission should be supported by license fees revenue.
The work of the Commission has been referenced in the per curiam order creating it. Going
to the Commission’s website (www.arkansasjustice.org) will illustrate the work of the
Commission and how far it has come since its creation in 2003. The Commission is organized
in five committees: Legal Services, Pro Bono, Court Assistance, Education, and Legislative.
The Legal Services Committee seeks to address the wide disparity in access to justice
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for low-income individuals and families. The context for this work is the ever shrinking
federal revenue support which since 1995 has been reduced over $2,000,000 in Arkansas. The
census identifies 411,777 Arkansans eligible for free civil legal services. These are families at
or below 125% of the poverty level.
2
The Center for Arkansas Legal Services and Legal Aid
of Arkansas cannot handle all the cases that come to them. Additional resources will be
required to better address the legal needs of the poor in our state.
The Pro Bono Committee works to improve and expand the pro bono services
provided by attorneys in this state and to provide resources to these attorneys.
The Court Assistance Committee strives to make the courts more accessible to self-
represented/pro se litigants and to identify measures to be taken by the courts, the bar, legal
service providers, and other stakeholders to assist the pro se litigants. Simplified forms, online
resources offices, and information in languages other than English are such measures.
The Education Committee seeks to inform the state’s legal community and entire
population about the needs for legal aid, including the plight of the poor, and the limited
resources available to service them. To aid in these efforts, a DVD was produced entitled
“Access to Justice” and is available for showing at various public forums throughout the state
and is also available online.
The Legislative Committee works to obtain funding from the State of Arkansas for
2
See
the
Arkansas
Access
to
Justice
Commission
Website:
http://www.arkansasjustice.org/about.html.
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civil legal aid for low-income Arkansans.
In looking at the work of the Commission, there can be no doubt of the need for staff
assistance. The work of the Partnership and the Commission are inextricably linked, and
financial support from the court will assist the Commission in achieving its goals and will assist
the Partnership in its mission of providing free legal services to low-income Arkansans.
Finally, on a related matter, the court has observed that the work of Arkansas IOLTA
Foundation, Inc., and the Commission overlap in many areas, and there are a number of
individuals serving on both the IOLTA Board of Directors and the Commission. We request
that the IOLTA Board of Directors and members of the Commission explore possible options
regarding mission and structure and report to the court as to how the need for legal services
to low-income Arkansans can best be met.
6
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.