The content on this website is for educational purposes only and does not constitute legal advice.

The problem

What Is Equal Access to Justice?

Equal access to justice means every person – regardless of wealth, background, or legal training – should have a fair opportunity to be head in court. It’s a foundational principle of our democracy and guaranteed in our constitution. When courts show favoritism to represented parties, justice becomes selective – not equal. 


Rhode Island is only one of seven states without an Access to Justice Commission, despite funds provided in 2014 for its creations. This commission has been proven to work in the 43 other states that have a Commission and would provide the power to oversee necessary reforms in Rhode Island.


The judicial system should be a forum for fair resolution, not a battleground where justice depends on the size of one’s wallet. Discretion must not violate constitutional rights.  Stand with us to protect due process, amplify unheard voices and demand institutional accountability. 




THE PROBLEM

Rhode Island refuses to establish a Commission for Access to Justice, despite repeated efforts by Access to Justice advocates. The shift from personal justice to collective struggle comes when one realizes their experience reflects broader systemic issues. It’s the moment personal pain becomes a catalyst for wider social change.

COMMISSION vs OFFICE

Instead of a Commission for Access to Justice Rhode Island has an Office for Access to Justice. They are not the same thing.  It is spelled out in this article published in the Roger Williams University Law Review in 2023


Disparate treatment is when individuals are treated differently under the same circumstances. Systemic bias happens when institutions (like the courts) consistently treat people unequally, even without obvious intent. It is a constitutional violation of equal protection under the 14th Amendment. I learned a record of this kind of treatment must be made in order to claim a violation has been made. Together, these patterns create a justice system where those without legal representation are seen as “lesser,” no matter the facts of their case.

 

I LEARNED THROUGH EXPERIENCE:

  You can’t just think it in your mind; you must say it out loud onto the record before the hearing starts. Don’t worry that you might offend the judge; speak it out loud. You don’t have to shout it; you simply need to say it so the court reporter can hear it.

Judicial Accountability & Transparency

Why does this matter? Because without accountability, judges can ignore the law and treat people without lawyers unfairly.

 

Rule 2.2 of the ABA Model Code of Judicial Conduct, titled “Impartiality and Fairness,” is a cornerstone of judicial ethics.

The rule states:

A judge shall uphold and apply the law and shall perform all duties of judicial office fairly and impartially.  


Want to know how different states are handling SRL accommodations?


Read our detailed breakdown of the latest judicial ethics updates and see how Rhode Island compares to states like Massachusetts.

We Propose

  Since Rhode Island does not have a Commission for Access to Justice, we propose that there be an Act to become a law that establishes protections, oversight, and remedies to promote fairness, integrity, and public confidence in the judicial process.

The system of judicial conduct is failing rhode islanders

The Constitution of the United States guarantees every person the right to due process and equal protection under the law. These are not abstract ideals; they are the very foundation of our democracy. They mean that every voice must be heard, every party treated fairly, and every case decided on the merits, meaning the facts, the rules and the law, not on status, privilege, or access to power. 

Our justice system is built for those with counsel, with connections, with money and influence. For the rest of us the path is riddled with procedural traps, opaque rules, and administrative gatekeeping that can silence even the most urgent constitutional claims. We have a two-tiered justice system in our country, and it is completely unconstitutional.

When courts show bias to represented parties, justice becomes beyond reach for the average Self-represented litigant. Equal access to justice means every person, regardless of wealth, background, or legal training, should have a fair opportunity for their day in court. Our constitution guarantees it. Democracy demands it.

the case for reform

“Modern society, with modern problems, demands the evolution of an antiquated system created hundreds of years ago.” Litigants face barriers of financial and language access to expert services, making navigation of the complicated legal system impossible. Currently, the Resource Center and tracking systems in Rhode Island are not working; disproportionately unfair outcomes occur when Rhode Islanders represent themselves in the court room. This is primarily due to the fact that Self-represented litigants are denied the accommodations that make if fair for all. Currently there are unconstitutional conditions and unfair judicial rules that allow accommodations for SElf-represented litigants to be at the judge’s discretion. Based upon these conditions, judges are allowed to decide in favor of attorneys 100% of the time and it is done with the blessing of the Rhode Island judiciary. Like 43 other states, Rhode Island needs a Commission for Access to Justice to ensure the growing number of self-represented litigants have a fair chance to be heard in court.

In 2014, all states including Rhode Island were given money by the American Bar Association to establish a Commission for Access to Justice and despite encouragement from Access to Justice advocates, they have refused to establish one.

The Rhode Island jucdiciary seek to give the appearance of Access to Justice, with less than sincere notices on their website and the opening of an Office for Access to Justice, instead of establishing a Commission for Access to Justice. The Rhode Island Office for Access to Justice, resources for self-representative litigants are limited in scope and are often complicated and inaccessible. You can learn more about it in the Law Review article.
Read a Summary of: Lay the Groundwork: How Rhode Island Can Improve Access to Civil Justice for Self-Represented Litigants