Page 8 - November 2019 BarJournal

COMMITTEESPOTLIGHT

CIVIL APPELLATE PRO BONO

PROGRAM FILLING IN ONE MORE

JUSTICE GAP

Matt Besser

n legal-speak we say it rather euphemisti- on the CMBA website. That application gives and losing are putting their law degrees to the
cally: access to quality legal representation some basic information about the appeal. highest aspirational use. And it is from these
remains out of reach for many in the civil Next, CMBA screens the application to cases that the CMBA program derives the
justice system. Put more simply, some folks decide whether appointing pro bono counsel power to change lives.
I need a lawyer and can’t pay for one. Unlike would be a worthy use of a pro bono attorney’s The pilot program promises to be a win
in criminal cases, there is no right to court- time. Among the factors considered are: the for all. Pro se litigants get the obvious benefit
appointed counsel for civil litigants. Meanwhile, existence of a colorable or nonfrivolous claim; of counsel. The court gets the benefit of
heroic as its efforts are, Legal Aid can do only so whether the claimed error was appropriately better advocacy, minimizing the challenges
much. So use whatever phrasing you like; many preserved for appeal; whether the applicant accompanying pro se litigants. Lawyers and
in Cuyahoga County must fend for themselves in had counsel at trial-court level; and, if so, their law firms benefit too. Handling a pro bono
civil court. It doesn’t have to be this way. why the applicant no longer has counsel. If appeal is one of the best ways for young lawyers
The CMBA is taking a step toward closing the appeal warrants it, CMBA seeks counsel to get meaningful courtroom experience. For
(or at least narrowing) this justice gap. from the roster of volunteers. more seasoned attorneys, it’s an opportunity to
Partnering with the Eighth District Court The program’s approach to the justice gap do some public good in a case with a relatively
of Appeals, the CMBA recently created the is at once modest and mighty. From a distance, modest time commitment.
Civil Appellate Pro Bono Program — a pilot the scale of the access-to-justice problem looks As the saying goes, “Think globally, act
program designed to pair pro se civil litigants too daunting to tackle. Look closer though. locally.” Access to justice is a big problem.
with pro bono counsel in the Cuyahoga Focus not just on the big-picture problem, but Here in Cuyahoga County though, we can at
County Court of Appeals. on the particular individuals it consumes. If least take a few steps in the right direction.
The program is loosely modeled after a you talk to any judge on the Eighth District, And for the litigants who might win an
successful similar program managed by the they’ll tell you they see more pro se civil litigants appeal they would otherwise lose, the
U.S. Court of Appeals for the Sixth Circuit. with colorable claims than you might expect. lawyers who volunteer their time make all
Here’s how it works. Their appeals range from breach of contract the difference in the world.
First, when pro se litigants appeal, the claims, to employment discrimination, and to
Eighth District notifies them of available habeas corpus. Many have winnable appeals,
legal resources, including the CMBA’s pilot but not the means to pay for a lawyer. Lawyers Matt Besser is a principal at
program. Litigants seeking counsel through who donate their time in cases where having a Bolek Besser Glesius LLC, where
the program then fill out a brief application lawyer means the difference between winning he practices employment
discrimination, civil rights, and
appellate law. Matt is a member
of the CMBA Board of Directors and Chair of
the Certified Grievance Committee. He has
been a member since 2011 and is a CMBF
Deborah A. Coleman Fellow. He can be reached at (216) 464-3004
or mbesser@bolekbesser.com.
Mediation, Arbitration, Legal Ethics & Discipline

(216) 991-4510 | dac@dacolemanlaw.com GET ENGAGED!
www.dacolemanlaw.com For information on how to join
the Civil Appellate Pilot Program
Committee, contact Heather
Zirke at (216) 539-5971 or
hzirke@clemetrobar.org.

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