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Family Separation is the Result of Mass. Department of Children and Families’ Violations of Statutory Language Access Rights, a New Study Finds

FOR IMMEDIATE RELEASE: January 26, 2021

Media Contact:
Melanie Rush
Massachusetts Appleseed Center for Law and Justice
melanie@massappleseed.org

BOSTON, MA – The Massachusetts Appleseed Center for Law and Justice today released a report citing the Massachusetts Department of Children and Families (DCF) for failing to provide federally mandated language access to limited English proficient (LEP) families involved with the agency. As a result, LEP parents cannot meaningfully comprehend or participate in the DCF process and subsequently face an increased likelihood of separation compared to their English-speaking counterparts.

“A lack of DCF investigators who speak a family’s language or dialect or are not completely fluent often leads to miscommunication about events and circumstances, which in turn can lead to erroneous conclusions about the family by DCF,” said Jessica R. Salinas-Thomas, Esq., an attorney with the Committee for Public Counsel Services who represents DCF-involved families. “… These problems can lead to a delayed reunification for a family or even the termination of a parent’s rights and a child’s loss of its family and community.”

The report examines the various ways in which the Department of Children and Families violates the civil language access rights of parents, the reasons for this systemic failure, and outlines steps that DCF, the Massachusetts Legislature, and the Massachusetts legal community should take to prevent the unjust separation of families and ensure the Commonwealth’s child welfare system complies with federal civil rights law.

“This research shows that even at the most basic level, DCF is failing to provide adequate language access, as well as the very real and irreparable harm LEP families consequently endure,” said Deborah Silva, Executive Director of the Massachusetts Appleseed Center for Law and Justice. “Because of the trauma and instability children separated from their parents experience, which can have a profound and devastating impact on their mental health, emotional development, and ability to succeed in school, it is urgent that we take action to address this now. We call on DCF and our state legislators to make the changes necessary to ensure and protect the civil rights of all Massachusetts families.”

The findings of this report show that child welfare decisions involving LEP parents are often unjustly impacted by language access. The report’s findings include:

  • Despite a few individual “superstar” caseworkers, the majority of LEP parents do not receive sufficient interpretation services, document translation services, or social services in their primary language.
  • A lack of competent and impartial interpretation plagues DCF casework; it is estimated that an interpreter is present in only 25% of the LEP home visits the agency conducts.
  • LEP families regularly do not receive Action Plans, letters, notices, and agreements translated into their primary languages.
  • Often LEP parents experience wait times double those that English-speaking parents face when trying to attend the social services (such as therapy, substance use disorder meetings, or parenting classes) that are mandated by DCF.

“Language-based discrimination denies families and workers across the state equal access to their own government and the services they need,” said State Representative Adrian Madaro (D-East Boston). “It has no place in the Commonwealth, and as Massachusetts Appleseed’s report shows, the destructive impact it has on families can be permanent. If Massachusetts is truly committed to the principles of fairness, equity, and justice, then we need to guarantee language access and inclusion for all.”

A new state bill developed by the statewide Language Access Coalition, of which Massachusetts Appleseed is a member, and championed by Representative Madaro and Senator Sal DiDomenico would help remedy this problem by strengthening and standardizing language access requirements for state agencies. But the Massachusetts Legislature, DCF, and the legal community must take additional steps laid out in the report, including:

  • Improved policies and practices at DCF, such as implementing language access trainings for DCF staff, prioritizing hiring bilingual staff, ensuring contracted interpreters are competent and impartial, and publicizing the process for making language access complaints.
  • Increased trainings for staff of the Committee for Public Counsel Services, who should strongly advocate for their LEP clients’ meaningful access to DCF services through all means available, including the submission of complaints, if necessary.
  • Statewide legislation that provides a right for individuals to sue state-level government entities for disparate impact discrimination.
  • The exploration of alternative legal strategies for enforcing the rights of LEP families, including but not limited to impact litigation.

Representatives Joan Meschino and Adrian Madaro intend to file a civil rights bill, entitled An Act to create access to justice, which would restore the right of an individual to bring a claim in state court against a government agency when policies have a disparate impact on individuals designated as a protected class under Massachusetts state law. In this instance, the rights and case outcomes of limited English proficient families and parents are compromised by the department’s failure to provide language access during proceedings and services.

“Disparate impact discrimination is discrimination, regardless of intent,” said State Representative Joan Meschino (D-Hull).  “Our bill, An Act to create access to justice, enfranchises those who are discriminated against to take legal action in defense of their civil rights.  Access to state courts is essential to safeguard the civil rights of Massachusetts families, and Representative Madaro and I look forward to introducing the bill in the coming weeks.”

“The day-to-day work of DCF caseworkers is hard, and the stakes are high,” said Thomas Roy, a court-appointed attorney representing indigent clients who has worked closely with DCF. “But ultimately, it’s about communicating effectively with parents, and when that doesn’t happen, families are the ones who bear the consequences which can include a termination of parental rights. The end of the legal relationship between parent and child, the equivalent of a death sentence to a family.”

The report, “Families Torn Apart: Language-Based Discrimination at the Massachusetts Department of Children and Families” is available online: https://massappleseed.org/reports/families-torn-apart/

About the Massachusetts Appleseed Center for Law and Justice:

Massachusetts Appleseed’s mission is to promote equal rights and opportunities for Massachusetts residents by developing and advocating for systemic solutions to social justice issues. We research the ways in which the justice system, schools, and government agencies are systematically failing our most vulnerable residents. We collaborate with community partners to ensure that recommended plans of action are practical and comprehensive. We advocate for the implementation of solutions that will create lasting change.

 

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As Housing Protections End, Families Facing Eviction Need Legal Representation

Action Alert

Because the Massachusetts Legislature passed a temporary eviction and foreclosure moratorium in late April, thousands of families economically devastated by the pandemic have been able to stay in their homes. While that law provides Governor Baker the opportunity to extend the moratorium at increments of up to 90 days until 45 days after the State of Emergency is lifted, the Governor has publicly signaled that he plans to let these protections expire on October 17th. 

It is estimated that anywhere from 20,000 to 80,000 new evictions will occur when the moratorium expires! 

Massachusetts Appleseed has previously advocated for the creation of a Right to Counsel pilot program that could protect many of these renters from eviction and potentially homelessness once the moratorium ends. Initially, we asked for a pilot program that would allow nonprofit and legal aid organizations to offer representation within 5,000 eviction cases. 

But as the numbers of likely evictions continue to climb, addressing 5,000 cases is clearly not enough. The Right to Counsel Coalition has sent a letter to Governor Baker advocating for a comprehensive plan that ensures representation for tenants and landlords in 22,000 eviction cases. We need your help to make this happen before the eviction moratorium ends on October 17th!

 

What You Can Do

  1. Email Governor Baker and ask him to support S. 2785 to establish a COVID right to counsel pilot program, in addition to funding rental assistance.
  2. Call the Governor’s office TODAY (9 a.m. – 5 p.m.) and ask him to support S. 2785 to establish a COVID right to counsel pilot program, in addition to funding rental assistance. 
  • Main Office: 617-725-4005 
  • Toll-free: 888-870-7770
  • TTY: 617-727-3666

You can send Governor Baker an email like this: 

Dear Governor Baker,

Time is of the essence. Courts alone cannot handle the eviction crisis and protect people in our communities from being evicted. Massachusetts needs a comprehensive plan for tenants and homeowners to prevent mass eviction and we urge you to:
  1. Fund rental assistance to stabilize people’s housing and prevent homelessness.
  2. Adopt a framework to provide time, protection, and housing assistance to tenants, homeowners, and landlords to keep people housed.
  3. Implement a statewide right to counsel program to prevent eviction and preserve tenancies.

Tenants, landlords, municipal leaders, health care professionals, and advocates are worried about what will happen when the eviction moratorium ends. The CDC moratorium is not enough. We urge you to use COVID relief funding to prevent housing instability and keep Massachusetts residents safe. We need your leadership to get us through this. Thank you.

(Your name)

Send Governor Baker an email.

 

 

Our Response to COVID-19

From developing and sharing accessible legal resources in areas of urgent need to advocating for equitable policies to support those hit hardest by COVID-19 – there’s work to be done. Learn more about steps we’re taking to aid our most vulnerable communities during the pandemic and how you can help.

Our Response to COVID-19

 

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Action Needed Now for Right to Counsel!

Action Alert

Before the COVID-19 pandemic, 93% of tenants facing eviction from their homes did not have lawyers, while 70% of landlords had representation. While the eviction moratorium ending October 17th protects many of these tenants for the time being, it is estimated that as many as 15,000-20,000 new evictions could be filed when the moratorium ends. Unless we take action, thousands of families – a significant majority of which are likely to be from communities of color – will be thrown into Housing Court on their own. Without any form of legal representation, these families are significantly less likely to remain in their homes. Action is needed now to protect these renters.  

A statewide Right to Counsel pilot program would allow non-profits to provide full legal representation in eviction proceedings for both tenants and landlords whose incomes do not exceed 200% of the federal poverty level. We now have two different opportunities to advance such a Right to Counsel pilot program within the legislature.  

  1. Senator DiDomenico has filed Amendment #175 for the creation of a Right to Counsel pilot program within S.2842, An Act Enabling Partnerships for Growth. This bill was debated in the House yesterday (Monday, July 27), and the Senate will start to debate its version of the bill tomorrow (Wednesday, July 29).  
  2. Senator DiDomenico also filed S.2785, An Act promoting housing stability and homelessness prevention through a right to counsel pilot program in Massachusetts in response to the COVID-emergency. This bill was reported favorably out of the Housing Committee and is still in Senate Ways and Means. We need to get it to the Senate floor. 

How You Can Help

  1. Call or email your Senator and ask them to sign on as a co-sponsor to Amendment #175 within S.2842. Send this fact sheet. Find your Senator here or with this list of Senators. 
  2. Contact Senate Ways and Means Chair Rodrigues to report S.2785 to the Senate floor. Call Senator Rodrigues’ office at (617) 722-1114 and email him at Michael.Rodrigues@masenate.gov and his staff attorney Jacob.Blanton@masenate.gov.  

You can send Chair Rodrigues a message like this:  

_____________________________ (who you are) and __________(why you care). We are bracing ourselves for tens of thousands of evictions when the eviction moratorium expires in October. Tenants are terrified of being evicted. 93% of tenants face eviction without legal representation. Alone – they are unable to navigate quick-moving deadlines and complicated court procedures. These procedures will be even more complicated as the court goes virtual. Providing legal representation is essential to housing stability. Providing lawyers for vulnerable tenants saves the state money. Providing lawyers prevents housing instability at a time when we need to keep people safe and housed. This is urgent. Pass Amendment #175 and Pass S. 2785. 

The legislative session may end this week! Time is of the essence and we need your voices now!  

 

 

Our Response to COVID-19

From developing and sharing accessible legal resources in areas of urgent need to advocating for equitable policies to support those hit hardest by COVID-19 – there’s work to be done. Learn more about steps we’re taking to aid our most vulnerable communities during the pandemic and how you can help.

Our Response to COVID-19

 

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Cell phone bans eliminated in all Massachusetts state courts!

Massachusetts Appleseed Center for Law and Justice commends the Trial Court for Emergency Administrative Order 20-10, issued on June 24th 2020, which takes effect on July 13th and temporarily eliminates bans on the use of cell phones and other personal electronic devices (“PEDs”) inside all Massachusetts state courthouses. Our 2018 report, Cell Phones in the Courthouse: An Access to Justice Perspective, examined the disproportionate impact courthouse cell phone restrictions have on self-represented litigants and low-income court users. 
 
As that report demonstrated, many self-represented litigants need to use cell phones within the courtroom to display evidence, conduct legal research, or access language translation services. In addition, many court users require their cell phones to coordinate aspects of everyday life, such as ensuring proper childcare, obtaining transportation, or communicating with employers. Our report found that without access to these resources through their cell phones, self-represented litigants are placed at an even further disadvantage compared to litigants with attorneys. To fully correct the unintended consequences of these cell phone bans, Massachusetts Appleseed recommended that the Commonwealth adopt a universal permissive policy that allows cell phone use in courthouses statewide.
 
The Court’s Order temporarily eliminating all cell phone bans is a significant step towards that goal and has the potential to greatly expand access to justice in Massachusetts. We are extremely grateful to the Trial Court for this essential progress, but we urge the Trial Court to make this temporary change permanent in order to further increase self-represented litigants access to justice.

 

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Emergency Legislation Filed for Right to Counsel

Action Alert

Amid record levels of unemployment due to the COVID-19 pandemic, thousands of Massachusetts residents are struggling to pay rent and afford basic necessities. The statewide eviction moratorium prevents anyone from being forced out of their home for now, but if the Governor does not extend the moratorium, that protection could end on August 18th – flooding courts with eviction cases. According to landlord organizations, as many as an estimated 15,000 new evictions will be filed.

As part of the response to the tidal wave of evictions expected to hit when the moratorium lifts, Senator Sal DiDomenico has filed emergency legislation to establish a statewide Right to Counsel pilot project. The bill, SD 2971, would protect low-income renters and owner-occupants facing eviction in areas of the Commonwealth hit hardest by the pandemic by establishing projects statewide, within each of the Housing Court’s six divisions.

As a member of the Massachusetts Right to Counsel Coalition, we know that without a lawyer, many tenants do not know how to protect themselves in and out of the courtroom from the threat of eviction. This bill is an important step in ensuring a fairer, more balanced process, preventing homelessness, displacement, unjust evictions, and creating a path to housing stability in the wake of the pandemic.

SD 2971 Fact Sheet

What You Can Do

Time is of the essence!

  1. Contact your Senator & Representative TODAY and ask them to co-sponsor SD 2971 Emergency Right to Counsel Pilot.
  2. Check whether your Senator and Rep co-sponsored Right to Counsel bills earlier this year. If they did, thank them for their earlier support when you ask them to co-sponsor SD 2971. 
  3. Use the starter email below which includes links to the fact sheet and information about the Coalition.
  4. Because elected officials get a lot of emails, follow-up with a phone call to ask whether the Senator or Rep will co-sponsor the bill.
  5. Click here to find your Senator and Representative emails and phone numbers. 

Sample Language:

My name is _______ and I am a Massachusetts resident from _____________. I’m contacting you to ask that you co-sponsor Senate Docket 2971, a statewide right to counsel pilot program to respond to the COVID-19 emergency. It is urgent that we advance this bill quickly to avert the coming eviction crisis. Landlord organizations estimate 15,000 new evictions will be filed when the eviction moratorium ends. 

Over 90% of tenants face eviction without legal representation, while 70% of landlords have lawyers – an imbalance that may be felt even more when the moratorium ends. Massachusetts needs a comprehensive eviction prevention response that includes full legal representation in eviction cases to stabilize people’s housing. 

Over 130 organizations have joined together to support a right to counsel in Massachusetts. I hope you will join with others to co-sponsor SD 2971. Please see the fact sheet with more information about SD 2971. Thank you for all of your work to keep Massachusetts residents safe and housed.

Your name ______________

Organization/Contact Information

 

Thank you for supporting low-income and unrepresented tenants and taking quick action to expand access to justice!

Resources

SD 2971 Fact Sheet

Find Your Legislator

Did Your Legislator Co-Sponsor a Right to Counsel Bill?

Growing List of Supporters for Right to Counsel

Join the Right to Counsel Coalition

Our Response to COVID-19

From advocating for increased support for youth experiencing homelessness, to sharing multilingual resources to help immigrant and Limited English Proficient families withstand the effects of the COVID-19 pandemic – there’s work to be done. Learn more about steps we’re taking to aid our most vulnerable communities during the pandemic and how you can help.

Our Response to COVID-19

 

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Coronavirus Has Made Courts Go Remote. Will This Lay The Groundwork For Using Technology to Expand Access to Justice In The Future?

By Jake Hofstetter | Research and Policy Associate

The coronavirus crisis has impacted every part of society, and even public institutions are having to be flexible and creative to respond to the pandemic. Schools are using remote learning, governments are offering unemployment applications online, and libraries are lending e-books. The court system is no different. With social distancing in place and public gatherings prohibited, courts in Massachusetts have mostly closed and moved many of their hearings and services to remote formats. Although tragic, the COVID-19 pandemic creates an opportunity for us to experiment with new ways of delivering justice and to determine how well remote services and courts hearings work once the coronavirus emergency has subsided. The question will be not only how well these measures have functioned in a crisis, but what we can learn from remote services to potentially make our legal system work more fairly after the pandemic ends.

Massachusetts’ legal system has responded quickly to combat the spread of coronavirus. The Trial Court has closed all the Commonwealth’s courthouses and postponed all proceedings except for emergency matters related to criminal activities, child welfare, domestic violence, and other urgent concerns. According to the courts’ order, these hearings should be held remotely (if possible), using technological tools such as telephones or video conferencing. All non-emergency concerns have been delayed until at least May, and indigent litigants now are able to file their forms electronically (e-file) free of charge in cases where e-filing is available. Legal aid organizations have also begun to offer more remote services, and the six Court Service Centers, court-run centers that provide self-help assistance to litigants, have started limited remote services for cases that the courts are still handling.

What is happening in Massachusetts mirrors what is happening nationally. At least three quarters of states have restricted entry to their courthouses while every state has generally suspended proceedings or allowed local entities (like counties or cities) to suspend proceedings. Three states have mandated the use of remote/virtual hearings while many more, including Massachusetts, have partially required or urged the use of virtual hearings. These steps have led some states to use Zoom, Microsoft Teams, Webex, and other software to hold virtual hearings. All of these moves indicate that remote court proceedings and legal services are having a moment, the scale of which wouldn’t have been possible to imagine only a few months ago.

Remote services are not just convenient workarounds for our current crisis – they also represent powerful tools for increasing access to justice for everyone. Even when there are not travel restrictions or social distancing regulations, the act of coming to court can create a serious barrier for many working and low-income people. It requires taking a day off work, finding childcare, coordinating transportation, and other practical challenges for many litigants. Plus, most cases don’t require only coming to court once, they require multiple appearances that create an even larger burden, especially for court users without lawyers (self-represented litigants, or SRLs for short). On top of that, many litigants who seek to take advantage of free self-help services have to return to courts and wait in line for long periods due to limited capacity at Court Service Centers. Court buildings themselves are also intimidating for many people. Legal jargon, high-priced lawyers, and complicated forms can make anyone nervous, especially those without legal representation.

But it’s not just hearings and legal assistance that can go remote. Court systems can also use existing programs that allow litigants to fill out court forms online and then e-file their documents. Known as document assembly programs, this type of software guides users through an interview where they answer questions and enter information that pertains to their case. After the user completes the digital interview, the program takes the user’s information and automatically fills out the relevant legal form(s), similar to how Turbo Tax works. Document assembly programs not only make filling out confusing forms easier but also save litigants the time of having to come to court to file forms or get help filling them out. Efforts to use these programs to respond to the pandemic are already underway in Massachusetts. Suffolk Law School’s Legal Innovation & Technology Lab (LIT Lab) has already started an initiative, known as the Document Assembly Line Project, to take urgent forms from Massachusetts courts and “create mobile-friendly accessible versions of online court forms and pro se materials in multiple-languages.” In its finalized form, this program will let Massachusetts court users fill out documents online within the comfort and safety of their own homes.

Of course, remote services are not without drawbacks. Holding hearings over Zoom or a conference call presents the same challenges that normal staff meetings do: people talk over each other, internet connections go out, people get distracted. The same populations that already struggle with finding representation or navigating the legal system may not have access to strong enough internet connections or lack technological literacy to use software like Zoom or document assembly programs. For self-represented litigants, using a phone line may also increase confusion over what is going on in their cases. Regarding due process, advocates fear moving to entirely remote hearings may reduce the quality of representation and independent monitoring for defendants. For example, defendants can’t speak to their attorneys privately if they are participating in a conference call with a judge and prosecutor. Similarly, cases may not receive a full or fair hearing due to remote technology or the speed at which the court holds its Zoom call. Remote court hearings also mean a judge is only hearing a voice, not seeing a face, which can remove much of the humanity from what may be intensely personal cases. Any remote solutions will always have to balance these concerns with the convenience of taking court hearings and services online.

When this crisis is over and we are tempted to return everything to “normal,” it will be essential to take the time to look back, and evaluate whether remote services helped or, in some cases, hurt litigants’ efforts in court. This is a chance for us to see how well these tools can work, to test their capacity on a large scale, work out problems, and better understand how going remote can expand access to justice. Once the dust settles, we’ll also have a new trove of data, perspectives, and outcomes from which we will be able to analyze which emergency measures might be worth keeping around for the future. If court systems take advantage of those lessons learned, we’ll have the chance to lay the foundation for remote legal and court services that increase access to our courts and lead to a more welcoming system for all court users.

 

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Tell Your Legislators: We Need Right to Counsel!

Action Alert

In 2018 alone, more than 40,000 households in Massachusetts were served with eviction papers, and over 92% of these tenants were unrepresented. Women, families of color, and households with children disproportionately face eviction, and are forced to fight it on their own. The stakes are high and without a lawyer, many tenants do not know how to protect themselves in and out of the courtroom. From uprooting neighborhoods, pushing families into homelessness, and more, the impact of eviction can be swift, traumatic, and devastating.

As a member of the Massachusetts Right to Counsel Coalition, we believe that by establishing a right to counsel in eviction cases, we can ensure a fairer, more balanced process, prevent homelessness, displacement, unjust evictions, and create a path to housing stability.

Join the Coalition

Where Are We Now

In November, the Right to Counsel Coalition submitted a consolidated proposal, guided by these principles, that calls for:

  • providing an attorney for low-income tenants facing eviction in court and certain low-income owner-occupants of 1 or 2 -family homes seeking possession of their own and only home;
  • building the capacity of organizations to prevent evictions and homelessness, such as proactive education, housing stabilization assistance, and “upstream” support prior to court.

The Judiciary Committee is currently reviewing bills, including this consolidated bill. It must report all the bills out of the committee by next Wednesday, February 5th, or seek an extension of further time to consider the bill.

Read the Coalition’s Proposed Bill

Summary of the Coalition’s Proposed Bill

Section-by-Section Analysis of the Coalition’s Proposed Bill

What You Can Do

Please call, write, or email your Senator and Representative before February 5th and urge them to contact the co-chairs of the Joint Committee on the Judiciary, Senator Jamie Eldridge and Representative Claire Cronin, and urge them to give the right to counsel bill a favorable report.

Sample Language:

Dear Senator/Rep______: 

One of the most important ways to fight homelessness is to prevent evictions. Over 92% of tenants facing eviction in court have no representation. Housing stability is one of the most pressing issues that our Commonwealth is facing. Over 120 organizations are part of a broad-based Right to Counsel Coalition. Please urge Judiciary Chair Cronin and Chair Eldridge to report a right to counsel bill out of the Judiciary Committee favorably. Now is the time. We can prevent the trauma that eviction is causing people in our community. Thank you.

If your Senator or Representative co-sponsored one of the Right to Counsel bills, please thank them and let them know we need their help to advance this bill. You can see if they co-sponsored one of the bills here!

Thank you for supporting low-income and unrepresented tenants and taking vital action to expand access to justice!

Resources

Find Your Legislator

Did Your Legislator Co-Sponsor a Right to Counsel Bill?

Growing List of Supporters for Right to Counsel

Fact Sheet

Letter from the Metro Mayors Coalition

Recent Press

Lawyers Weekly

Brockton Enterprise

Our 2020 Legislative Agenda

From ending student hunger, to preventing the suspension and expulsion of preschoolers, to ensuring youth experiencing homelessness can access the services and resources they need – there’s work to be done. Check out what other bills we’re supporting this year!

Our 2020 Legislative Agenda

 

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New Report Recommends Massachusetts Create Online Court Help Center to Aid Those Without an Attorney

Massachusetts could increase access to justice through just one website

BOSTON, October 3, 2019 — A research report released today by the Massachusetts Appleseed Center for Law and Justice explores how the Massachusetts Trial Court could develop a new, online help center for court users.

The report details how the court system could use innovative technology, a free help line, and a revamped collection of informational materials to assist court users who are forced to represent themselves because they cannot afford to hire an attorney or do not qualify for legal aid. Over half of all civil court users in the Commonwealth represent themselves without the assistance of an attorney, according to the Massachusetts Access to Justice Commission.

“Today in Massachusetts, most people who find themselves in civil court are there alone, without a lawyer to assist them. Usually, this is because they can’t afford to pay for legal help. They’re at risk of losing their families, homes, and livelihood not because they’ve done something wrong, but because they don’t know how to protect their rights,” said Deborah Silva, Executive Director of the Massachusetts Appleseed Center for Law and Justice. “One proven solution to this growing problem is for courts to provide free online self-help services.”

Court users and the staff who serve them report a need for answering basic logistical questions, providing legal information on case processes, and help with filling out court forms as the most in-demand services from court users.

Today’s report recommends options for expanding legal self-help services that also meet the needs of court users in Massachusetts, including:

  • Creating a LiveHelp center where court users could call or message attorneys with questions about their cases.
  • Developing new document assembly programs that would allow users to easily fill out legal forms online.
  • Revamping the existing informational webpage the court system provides to make it more complete and user-friendly.

As the report details, many other states have taken steps to provide expansive, more effective legal self-help materials through their court websites. Most states – including Massachusetts – have information on how to navigate court proceedings and different types of civil court cases, such as divorce, guardianship, housing, or small claims cases, available online. In addition, state courts in Maryland and Alaska have also developed LiveHelp centers where court users can call a free phone line and receive information and guidance from attorneys and paralegals. In New York, the court system has developed an extensive collection of document assembly programs that allow users to enter their personal information and then receive completed legal forms that they can file with the court.

“We hope the Virtual Court Service Center will be a lasting contribution to increasing access to justice in Massachusetts,” Silva added. “This report represents an exciting vision of how we can use technology to help an even greater number of people with their legal issues than ever before.”

The report, “Turning on the Lights: How the Massachusetts Trial Court Could Deploy a Virtual Court Service Center to Assist Self-Represented Litigants” is available online: https://massappleseed.org/wp-content/uploads/2019/10/Court-Service-Center-Report-Final.pdf

About the Massachusetts Appleseed Center for Law and Justice:

Massachusetts Appleseed’s mission is to promote equal rights and opportunities for Massachusetts residents by developing and advocating for systemic solutions to social justice issues. We research the ways in which the justice system, schools, and government agencies are systematically failing our most vulnerable residents. We collaborate with community partners to ensure that recommended plans of action are practical and comprehensive. We advocate for the implementation of solutions that will create lasting change.

Contact Jake Hofstetter at 617-482-8686 or email jake@massappleseed.org for more information about this report.

 

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The 2020 State Budget is on the Governor’s Desk!

Action Alert

This week, the Conference Committee released its final, reconciled 2020 budget – a consolidation of the House and Senate versions totaling $43.1 billion. This year, our budget priorities included:

  • Support for Homeless Youth (Line Item #4000-0007)
    • $5 million to fund housing and support services for youth experiencing homelessness.
  • Safe and Supportive Schools (Line Item #7061-9612)
    • $508,128 to fund the Safe and Supportive Schools program and ensure all students are empowered to succeed in school.
  • Civil Legal Aid (MLAC Line Item #0321-1600)
    • $24 million to provide civil legal aid to low-income individuals and families.

I’m happy to report that the Conference Committee has recommended full funding for all of these line items! Thank you to the House and Senate leadership, and a special thanks to you! Each time you raised your voice and called your legislators to support your most vulnerable neighbors, you have brought us one step closer to a 2020 where we are equipped to support all Massachusetts residents in shelters, in school, and in the courts.

This year’s budget battle is almost over…but not quite yet. The Legislature has voted on the budget and now it heads to Governor Baker’s desk, where he will have ten days to veto line items – potentially eliminating the vital funding for the line items listed above.

You have stood alongside us and fought hard for these line items as the budget made its way through the House, the Senate, and the Conference Committee. Don’t let Governor Baker veto them now.

Please join us in contacting Governor Baker’s office to let him know that you support the Conference Committee’s recommended funding for services for youth experiencing homelessness, safe and supportive schools, and increased access to justice through civil legal aid.

Click here to call or email the Governor’s office now!

You can read more about these important line items below:

Housing and Support Services for Youth Experiencing Homelessness

Line Item #4000-0007

The Conference Committee adopted the Senate’s funding level of $5 million for support and services for youth experiencing homelessness! This is a long-overdue increase of $1.7 million from last year. Governor Baker’s administration highlighted its plan to end youth homelessness just a few months ago. Let him know that this funding level is a critical component of any solution to homelessness for young people in Massachusetts.

This increase to $5 million will fund vital services for one of Massachusetts’ most vulnerable populations and is an important step towards Governor Baker’s stated goal to address youth homelessness.

Please ask Governor Baker to adopt the Conference Committee’s recommended funding amount of $5 million.

Safe and Supportive School Environments

Line Item #7061-9612

In more good news, the Conference Committee has recommended $508,128 in funding for this essential line item, which is slightly ABOVE last year’s funding level. Many thanks to the Legislature for this welcome increase, particularly in a year when the question of school funding, and how well we are supporting our students, has been at the forefront of conversations across the state.

This increase will help continue the Safe and Supportive Schools program, which enables the development of school-wide Action Plans, facilitates the exchange of best practices, and ultimately works to empower all students to succeed in school.

Please join us in urging Governor Baker to include this funding level in the final budget!

Civil Legal Aid

Line Item #0321-1600

The Conference Committee has recommended the Senate’s funding level of $24 million in funding for the Massachusetts Legal Assistance Corporation line item, which funds free civil legal services that thousands of low-income residents of Massachusetts rely on each year. If Massachusetts believes in striving for 100% access to justice, this increase in funding is an absolute necessity.

The overwhelming need for increased civil legal aid continues to grow, with individuals and families in Massachusetts facing eviction, domestic violence, and other civil legal crises.

Please urge Governor Baker to adopt the Conference Committee’s recommended funding amount of $24 million in the final budget.

We’ve been fighting for these line items, which include much-needed increases in funding, since April, and you’ve been with us every step of the way. Please join us once again so that we can cross the finish line and ensure these line items make it into the final budget!

Click here to find the contact information for Governor Baker’s office. Then call or email and urge him to adopt the Conference Committee’s funding levels for support for youth experiencing homelessness, safe and supportive schools, and civil legal aid.

Thank you for your ongoing support and advocacy – we can’t do it without you!

 

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The Massachusetts Access to Justice Commission Gets It Right on Courthouse Cell Phone Bans

By Jake Hofstetter | Research and Policy Associate

In just two decades, cell phones have gone from convenient accessories for making calls to essential tools in our everyday lives. Without our phones we lose not only our capacity to entertain ourselves in waiting rooms, but also the ability to access a repository of information we need for every aspect of our lives. Because of our reliance on our iPhones, there are only a few places where visitors are banned from possessing cell phones: prisons, secret military installations, and, more surprisingly, 56 Massachusetts courthouses. Although well-intentioned, these bans separate court visitors and litigants from an essential tool in managing their cases, leaving many court users without attorneys at a serious disadvantage.

Cell phone bans exist to minimize distractions and make sure courthouses remain safe and confidential. Ringing phones and noises from videos or apps disrupt the functioning and integrity of legal proceedings. On the darker side, gangs or other criminals may use cell phones for photographing or intimidating witnesses and undercover police officers. Although these concerns are legitimate, they shouldn’t outweigh the harm that cell phone bans cause as well as the common-sense solutions that can prevent the misuse of cell phones without banning them.

Evidence from reporting, independent research, and the court system’s own internal investigation continue to show that cell phone bans are harmful to court users representing themselves without attorneys. A report from the Massachusetts Appleseed Center for Law and Justice published last summer demonstrated that cell phone bans prevent court users from presenting evidence, scheduling court dates, and referencing information needed for filling out legal forms. The fact that lawyers can bring their cell phones to court makes these policies even more unfair for those representing themselves. The court system’s own internal investigation, released by the Massachusetts Access to Justice Commission last month, also found that blanket cell phone bans created “unacceptable hardships” and should be replaced with more permissive policies such as universal exceptions for those with official business at the court and storage options for facilities that truly need to prohibit cell phone use for security reasons.

Besides frustrating the efforts of those trying to represent themselves in court, cell phone bans also create serious burdens for all court visitors and users. Court users regularly use cell phones to manage childcare, transportation, and their absences from work. Since many people do not know about cell phone bans before coming to court and there are no options for storage, some court users may be left to decide whether to attend their court appearances or not. Others choose to hide their phones outside courthouses in the bushes or pay private businesses to store their phones. These options may lead to court users losing their phones or having to pay extra money, that they may not have to spare, to store them.

Most courthouses don’t need cell phone bans to be safe or orderly. In fact, many courthouses in Massachusetts (and across the country) do not have cell phone bans and function without serious disruptions or witness intimidation. Unfortunately, a minority of court users will always take calls in inappropriate places or, worse, record court proceedings for nefarious purposes. As the court system’s own internal investigation noted, however, it is fairer to court users to regulate the use of cell phones rather than the possession of cell phones. The first approach leads to reasonable policies where cell phone use can be restricted in certain facilities or courtrooms. The second approach creates an unfair burden on those who cannot afford to hire an attorney to represent them and makes it difficult for all members of our technology-attached society to use courthouses.

Changing cell phone bans in courthouses may seem like a small step, but it is an important one in expanding access to justice in Massachusetts. The growing numbers of people who must represent themselves in court already have trouble navigating our complex legal system without having to give up an essential tool like their smartphone. The court system and Access to Justice Commission deserve credit for their willingness to study this issue as well as their recognition that cell phone bans are harmful and should be replaced with more permissive and effective policies. These changes will also assure that our legal system remains fair and up to date with the rapid technological change occurring all around us.

 

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