Prof. Carol Suzuki
Q. The term ‘access’ within the conceptual phrase ‘Access to Justice’ has undergone dynamic changes in the recent years; it is no more confined to mean access to judicial infrastructure alone, but has navigated further-in to the realm of reducing case pendency and raising legal awareness. In this light, how would you define this term and its essential components? You may contextualize the same within the broader contours of the movement to secure rights to the marginalized, undertaken by the faculty and (law) students.
Prof. Suzuki: A: “Access to justice” has so many facets, including having competent legal representation in relevant situations, education to know one has the right to go to court and obtain legal relief, fee waivers for poor persons, language-appropriate assistance, and the availability of fair bond when detained. The State Bar of New Mexico encourages pro bono service. The Rules of Professional Conduct for New Mexico have an aspirational standard for pro bono service.
The New Mexico Supreme Court adopted a rule which sets forth minimum pro bono goals and reporting requirements. The University of New Mexico School of Law requires that each student participate in a six-credit clinical law course prior to graduation, where students represent low-income clients in our community. The law school offers other opportunities to serve underrepresented communities through its externship program, and practicum courses such as the Innocence and Justice Project seminar where students work to provide post-conviction relief for inmates who have been wrongly convicted and who have a credible claim of factual innocence of the charged offenses. While enrolled in the University of New Mexico School of Law Clinical Law Programs, law students develop competent lawyering skills while assisting in individual client matters; provide education to community members about their legal rights; train professional collaborators, such as medical staff who make referrals, to be able to identify legal needs of their patients; advocate for legislative change, such as the removal from the New Mexico constitution the provision that prevented individuals who could not nationalize from owning property. The Clinic follows an income guideline and provides language-appropriate competent legal services. Many of our clients would not have been able to obtain legal representation outside of the Clinic.
Q. What role can the current Access to Justice Index™ play: in influencing policy and decision makers and in overcoming or at least ameliorating the various barriers to access to justice?
Prof. Suzuki: The Index in its current form deals with four institutions which are crucial in the accessibility movement; it is a mechanism to help organizations to reflect on their access to justice work and goals. The Index will ensure that we address problems holistically and comprehensively. I hope that the Global Index in 2018 will take into account low-income countries and their priorities, as against a uniform norm which might not be appropriate. All said, I believe that this Index is a step in the right direction in computing and sharing best practices.