Last month, I made a visit to San Francisco’s Volunteer Legal Services Program.  According to Supervising Attorney Jennifer Greengold Healey, it is the first of its kind (i.e. situated within Federal District Court) in California.

On the theme of everyday heroes — the kind that Obama likes to revere — Ms. Greengold is one.  After several years of doing her time at a law firm, she took the big step of moving to this modest pay high-impact position.

We struck it off quite well from the start.  Ms. Greengold was very helpful, going through the important points of how to file, where and when.  Like any legal aid organization, VLSP may not offer legal advice, but can offer direction and guidance.  Without giving away strategy, I did discuss a couple of items with her, and we looked up a number of procedures in her Rutter’s Group guide, Federal Civil Procedure Before Trial.  For those not familiar with the Rutter Group Guides, if you’re in litigation, get familiar with them.  They’re excellent resources, and you can also access them online through Westlaw if you’re at a law library.

Ms. Greengold pointed out that the the District Court building has a law library the public can use.  I did not know that previously.  For now, I’ll stick to using UC Hastings College of the Law library, just a block away.  The staff at Hastings was quite helpful, and didn’t seem to mind my being there asking to read materials.  To find a law library open to the public near you, you can access this link at Washburn University.

The issue of legal access and civil rights is one coming to the forefront these days.  With the economic downturn, a number of individuals are finding themselves in need of representation, but without an income to pay for an attorney.  While this blog focuses on the problems federal employees face in the adminstrative courts, the issue of representation goes beyond just federal civil servants.  It is almost unheard of for an attorney to take on a civil rights case on contingency.  The only exceptions are where the cost to the defendant greatly exceed the potential payment to the plaintiff.  In courts dominated by the mindset of the past three decades, these cases are rare.

Federal district court centers such as VLSP that have been set up for self-represented litigants are primarily for  employment claims, such as violations of the Americans With Disabilities Act and other anti-discrimination statutes.  According to an article by the National Law Journal, “It’s part of a whole movement that’s taking place in the courts to try to recognize, as a practical matter, that most people just can’t afford lawyers these days,” said Richard Zorza, coordinator of the Self Represented Litigation Network, which works with organizations on pro se litigant issues.

Magistrate Judge Edward Chen of the Northern District of California, who came up with the idea of the San Francisco clinic, takes it one step further saying, “Often, people do have a cause of action but are at a loss as to how to prosecute their case.”  The National Law Journal explains it in less oblique terms, writing that judges are often frustrated by pro se appellants whose ability to express a legal complaint is limited.

There is, of course, historical significance to the right to file pro se.  We are a nation proud of open access to all, regardless of privilege.  We live by the pull-yourself-up-by-the-bootstraps fiction of Ragged Dick, and by the real life example of Frederick Douglass.  The very essence of preserving democracy lies in our ability to foster a wide reaching and healthy middle class.  We hold that no one should be denied American rights simply by the inability to “purchase justice.”  It is through the continued dedication of those committed to our principles that we have angels like Ms. Greengold, and clinics like San Francisco District Court’s VLSP.

P.S.  Congratulations to Northern California District Court’s self-represented clinic initiator, Magistrate Judge Edward Chen, recently nominated for an article III judgeship by Obama and preliminarily confirmed by Senate Subcommittee.  Senators, please act quickly and complete the confirmation.