Closing the Justice Gap:
A Civil Right to Counsel
While there is a recognized affirmative right to counsel in criminal cases in the United States of America,[1] generally, there is no right to counsel in civil cases.[2] Civil cases can determine the rights of litigants in essential matters including housing, orders relating to domestic violence, custody of children, access to healthcare, and those facing jail for failure to pay child support or criminal fines or fees.[3] 7 in 10 low income Americans experience at least one civil legal problem every year.[4] Of those experiencing civil legal problems, 70 percent report that the problems greatly affect them.[5] However, only 20 percent will seek legal help, and more than half of those who do so will receive only limited assistance or no legal assistance at all because the organizations providing assistance lack the necessary resources.[6]
Recently, several states and localities have created laws that expand the civil right to counsel. Several states have expanded the right to counsel for minors or parents in custody disputes or in cases involving orders of protections.[7] One of the most active areas is the expansion of the right to counsel in evictions. In 2017, NYC passed legislation granting low-income NYC tenants a right to counsel when they are sued in eviction cases.[8] The cities of San Francisco, Newark, Cleveland, Philadelphia, and Santa Monica passed similar right to counsel laws in 2018 and 2019.[9] In 2021, Connecticut, Maryland, and Washington enacted legislation giving low-income or indigent tenants facing eviction a right to counsel.[10]
We are in an ideal time to explore this issue. Several recent laws and pilot programs have been in effect long enough for authors to examine how the programs have operated and where they have succeeded and failed. JCRED seeks to publish the work of scholars who creatively explore what we can do to guarantee a civil right to counsel.
Possible topics for submissions include but are not limited to:
Analyses of the disparate results represented litigants have as compared to unrepresented ones
Comparisons of laws or proposed legislation granting a civil right to counsel
Explorations of the limitations or challenges posed by current or proposed civil right to counsel laws
Proposals on how to ensure funding is available for existing and future civil right to counsel programs
Reviews of existing laws giving a civil right to counsel, such as New York City’s Right to Counsel in eviction cases
Comparative analyses of programs outside the United States and how they could be adopted within the country
Instructions for Submissions
We welcome full-length traditional law review articles up to 75 pages, as well as shorter essays of 10 or more pages, commentaries, and practice guides. We aim to ensure an array of perspectives and expertise. Thus, interdisciplinary approaches are welcome.
In addition to publication, the Journal will select 3 authors to participate in the JCRED Symposium Panel. This panel will be held virtually in the spring of 2022, in coordination with the availability of the authors. The selected authors will also each receive a $500 honorarium for their contribution.
The deadline to submit an abstract is October 10, 2021, and the selected full-length articles will be due January 9, 2022.
To Submit, Please Send:
Abstract with a minimum length of two pages;
Your name, title, and professional affiliation;
Your Curriculum Vitae/Resume;
Your contact details including phone number and email address.
Optional: Full Manuscripts are also welcome
Manuscripts between 25 and 75 pages for full-length articles and essays, commentaries, or practice guides between 10 and 20 pages.
Please submit your abstract (or manuscript/essay/commentary) for consideration to: jcred@stjohns.edu.
Submission Deadlines:
Abstract Deadline: October 10th, 2021
Notification Date for Selected Authors: October 25th, 2021
Final Article Submission Deadline: January 9th, 2022
If you have any questions about this call for papers, please contact the Research & Symposium Director, Katie O'Brien, kathryn.obrien19@stjohns.edu.
[1] See Gideon v. Wainwright, 372 U.S. 335, 343 (1963).
[2] See Lewis Creekmore, et al., The Justice Gap: Measuring the Unmet Civil Legal Needs of Low-income Americans, Legal Services Corporation, at 9 (June 2017).
[3] See A Civil Right to Counsel: What We’re Fighting For, National Coalition for a Civil Right to Counsel, http://civilrighttocounsel.org/about.
[4] Creekmore, et al., The Justice Gap: Measuring the Unmet Civil Legal Needs of Low-income Americans, at 13.
[5] Id.
[6] Id.
[7] See 2021/2022 Civil Right to Counsel Bills, National Coalition for a Civil Right to Counsel, http://civilrighttocounsel.org/legislative_developments/20212022_bills#enacted.
[8] How Right to Counsel Works, Right to Counsel: NYC Coalition, https://www.righttocounselnyc.org/how_right_to_counsel_works. During the COVID-19 Pandemic, NYC assigned RTC attorneys in all cases regardless of income, zip code or immigration status. See id.
[9] How We Won, Right to Counsel: NYC Coalition, https://www.righttocounselnyc.org/how_we_won.
[10] 2021/2022 Civil Right to Counsel Bills, National Coalition for a Civil Right to Counsel, http://civilrighttocounsel.org/legislative_developments/20212022_bills#enacted.
Founded in 1985 as the Journal of Legal Commentary, the Journal of Civil Rights and Economic Development is committed to publishing-high quality scholarship and hosting innovative symposia on issues of social, racial, and economic justice.
In 2010, the Journal became the official journal of the Ronald H. Brown Center for Civil Rights at St. John’s University School of Law in Queens, New York.
The Journal publishes four issues each year, calling for submissions from scholars, practitioners, and students on a range of social, racial, and economic topics.