Sunday, September 1, 2024

Democrats should turn focus on courts into rallying cry for rural Access to Justice

Over the last few years, the Democratic Party has focused (at least in rhetoric) on highlighting inequities in our justice system. From highlighting biases on the Supreme Court (and some even proposing expanding the court) to bringing attention to inequities in our criminal justice system (and including reform efforts in the party platform), the Democrats have positioned themselves as the party fighting for a more equitable justice system.

But yet, something is conspicuous in its absence - a mention of rural Access to Justice. 

The rural lawyer shortage has been well documented in this space and the subject of much scholarly inquiry.  At a base level, the statistics are striking 14% of Americans live in rural spaces but yet only 2% of lawyers practice there. There have been isolated efforts to address the issue but there is a lack of a sustained national effort to address the issue. There's no shortage of local stories about the problem (see here, here, and here). Some states are actively addressing the issue. However, it is largely ignored by both major national parties, even as the issue of inequities in the courtroom is becoming more mainstream. 

Rural communities are home to some of the embedded inequality in the United States. I've written extensively about the history of corruption in Robeson County, North Carolina, where I grew up. You can find a couple of those pieces here and here. This issue is compounded when the local media does not do its job in exposing local corruption and instead serves to advance the agenda of those in power. Spatial isolation serves to only obscure these issues and make it difficult to create the political will necessary to address them.

I've been in rural courtrooms and seen people show up without counsel. In such cases, people lost their homes, failed to receive adequate protections against domestic violence, or received inequitable treatment in divorce and custody proceedings. In the criminal sphere, many rural public defender's offices are contending with shortages that result in lawyers having huge caseloads, making it impossible for the individual defendants to receive the best defense possible. People's lives are being irreparably harmed by this on-going crisis. 

We cannot say that we have achieved equity in our legal system without addressing the rural lawyer shortage. If the Democratic Party is serious about addressing inequities in our court system, they must bring awareness and advocate for solutions to the rural lawyer shortage. 

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