In the United States, the state and federal court systems hear approximately one hundred million cases per year before about twenty two hundred federal judges and almost thirty one thousand local and state judges.
The Sixth Amendment states that citizens have the right to a speedy trial however trying to ensure equal access and due process of the law for all citizens is a continuing challenge for the U.S. legal system. Individuals also have the right under the Sixth Amendment to legal counsel in criminal proceedings which provides a lawyer who can advise and represent them in court. In 1963, it was ruled by the Supreme Court that anyone who cannot afford a lawyer in a criminal hearing will be provided one at public expense
The right to legal counsel has been broadened by the courts and now applies to juveniles and to all areas of a criminal proceeding, including plea bargaining, arraignments plus preliminary hearings.
In regard to those who cannot pay for legal counsel, the federal, state and local governments have come up with a way to provide “public defenders” for them. Legal counsel can be arranged by the courts, by assigning local legal firms on a rotating basis, or by the courts entering into legal contracts with legal firms to provide their own attorneys. In some states and local areas, fulltime, nonprofit public-defender offices have been set up to provide legal services to those not having the finances to pay for legal fees.
In civil cases, defendants are not usually entitled to legal counsel at the public’s expense, however, the U.S. has fully provided a process which arranges access to the legal system for those who cannot afford a lawyer.
Boston, Chicago, New York and other large cities have provided free legal aid bureaus to the poor, through large private organizations since the late eighteen hundreds.
Congress established the Legal Services Corporation (LSC) in 1974. This is a private, non profit organization which provides free legal assistance to those unable to pay for representation and advice. The LSC gives grants to local law firms who in turn give legal services to underprivileged individuals. Over 170 programs have been funded by the LSC in recent years, which have also included special programs for Native Americans and immigrant farm workers.
The LSC does not try criminal cases, only civil cases, and does not do cases for monetary damages that private attorneys are prepared to take on a “fee contingency” basis. This means that lawyers only get get a percentage of the money awarded if the client wins the case. The LSC does not do file class action suits.
It is encouraged by national and state law associations for legal firms to give a certain amount of their time on a voluntary basis to assist underprivileged clients on a free or pro bono basis. The American Bar Association is the largest of these associations and has instigated a voluntary guideline that private attorneys should contribute at least fifty hours a year of free or pro bono work.
Equal access to justice means equal justice for all Americans. Just as the underprivileged deserve the right for legal representation ,so, too, should the wealthy and powerful never be above the law. When a court decision is made, even from the earliest of times in the republic, to the Watergate case in the 1970s, the Supreme Court has adjudicated that every citizen, including the President, is bound by the laws and judicial system of the United States.