Page 7 - OWLS AdvanceSheet Spring 2017

Access to Justice THE JUDGES’ FORUM

ver the course of my nearly 23
years on the Deschutes County
OCircuit Court bench, I have had
opportunities to consider the concept
of “access to justice.” At times ensuring
access to justice has been as simple as
making sure that the courthouse facility
is compliant with ADA requirements and By Presiding Judge Alta J. Brady
as creating methods to accommodate a Deschutes County Circuit Court
wide range of physical and mental disabil-
ities of parties, witnesses, and attorneys.
It includes breaking through language cannot not deny anyone the protections
barriers, providing court information provided by state law. Courts are tasked
in multiple languages, and arranging with making decisions and issuing orders Presiding Judge Alta J. Brady
for skilled interpreters. Access to justice that allow for the stability and security longer perceived by some as an option
also involves creating a safe courthouse of some of the most vulnerable people in for redress.
through secure entrances, metal detec- our communities. Oregon laws mandate In Deschutes County, a nonprofit or-
tors, law enforcement presence, and the issuance of family abuse restraining ganization called Saving Grace provides,
surveillance cameras. orders to protect victims of domestic among other services, access to a bilingual
When the legislature is in session, ac- violence. Stalking orders provide similar hotline for victims of domestic violence.
cess to justice takes the form of pursuing a protections in non-familial relationships. Saving Grace advocates provide assistance
budget sufficient to keep the courthouse A tenant has the right to a trial before for obtaining family abuse protective or-
and courtrooms open and operational. being evicted from his or her home. Child ders, and the organization also operates
The judicial branch, while one of three custody, parenting time, and support a “safe house” for victims and their chil-
co-equal branches of government, re- orders provide for safety and stability dren. Saving Grace reports that since the
ceives only 2.45% of the state general for children. implementation of the federal changes,
fund budget. A statewide judicial-officer Many come to the courthouse to ex- phone calls to the bilingual hotline have
workload assessment completed last fall ercise the right to speak as a victim of a almost ceased.
concluded that the Oregon circuit courts crime. Others come in response to legally ICE enforcement policy does not iden-
are significantly under resourced. The issued subpoenas to appear as a witness. tify courthouses as “sensitive locations,”
deficit of statutorily created judicial po- In Deschutes County, the sole access to nor is there a legal basis to designate a
sitions ranges from a two- to three-judge the District Attorney’s Office is though courthouse as a sanctuary. As a result,
shortfall in the 11th (Deschutes), 14th the secure entrance of the Deschutes one branch of government’s right to
(Josephine), and 16th (Douglas) Judicial County Courthouse. choose the manner in which it enforces its
Districts; to a four-judge deficit in the Broad changes in federal deportation regulations is having a dramatic chilling
5th Judicial District (Clackamas); a five- policies have had a very real impact in effect on another branch’s obligation to
judge deficit in the 4th (Multnomah) and several Oregon judicial districts. In Mult- provide access to redress for legal wrongs.
20th (Washington) Judicial Districts; and nomah and Washington Counties, U.S. Access to justice is diminished for many
a seven-judge deficit in the 1st Judicial Immigration and Customs Enforcement members of our communities who need
District (Jackson). The Jackson County (ICE) agents have increased their presence it most. The future will tell us how this
seven-judge deficit is particularly remark- in the courthouses for the purposes of conflict will be resolved.
able in that the court currently has eight investigation, identification, and arrest These are a few of the varied facets of
judicial positions. for deportation. the concept of access to justice. Access
A separate circuit-court-staff workload Even in those courthouses currently to justice is a fundamental right that is
assessment confirms what has been true with little or no ICE presence, the impact America’s great promise. It is our obliga-
since the low point of the recession, has been remarkable. The result is no tion, as lawyers, judges, and citizens, to be
around 2010. Every judicial district is different whether ICE presence is actual vigilant in maintaining the judicial branch
substantially understaffed. Adequate re- or perceived. The perception is that it as a strong and independent branch of
sources are essential to process, manage, is risky to come to the courthouse to government so that this promise can
and resolve cases in a timely and effective access justice. The judicial branch is no be kept.
manner. The lack of available judges and
insufficiency of support staff has had and
continues to have a significant impact on Support OWLS’ work
our ability to be accessible to and meet by placing an ad in the OWLS AdvanceSheet.
the needs of the communities we serve.
Recent changes in federal immigra-
tion policies have put the spotlight on
another critical component of access to Contact us at 503.841.5758 or
justice. Oregon courts have a duty to executivedirector@oregonwomenlawyers.org.
provide access and due process to all,
regardless of status of citizenship. We

OREGON WOMEN LAWYERS AdvanceSheet 7 SPRING 2017