WHEELING - The Access to Justice Commission met in Wheeling Monday and received ideas on how to help the poor, elderly and disabled navigate the legal system.
About 20 people spoke their minds or gave ideas during the forum at West Virginia Northern Community College in Wheeling. Commission members in attendance were state Supreme Court Justice Brent Benjamin, Catherine McCon-nell, Jeffrey Shawver, Charles DiSalvo, Steven Canterbury, Robert Baker, Molly Russell, Robert Bastress, Adrienne Worthy and Regan Whitmyer.
Ohio County Circuit Clerk Brenda Miller believes access is not the problem, but the lack of information about existing services for people, such as Legal Aid of West Virginia. She suggested information be disseminated via West Liberty University's cable access channel. And the Supreme Court's website (courtswv.gov), she added, could also contain more useful information for people.
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Photo by Shelley Hanson
West Virginia Supreme Court Justice Brent Benjamin, left, talks during the Access to Justice Commission forum while commission member Robert Baker listens.
"At the library there should be a 'come talk to an attorney day,'" Miller said, noting an increasing number of people representing themselves and filing related paperwork without a lawyer.
Retired lawyer Noel Foreman said law firms should provide incentives to their lawyers to help poor clients for free. But it should not be mandatory.
"When I was in law school, I was told it was our responsibility as a professional to serve people who couldn't afford legal counsel," Foreman said. "I felt like I was doing something good. I felt rewarded."
The Rev. Darrell Cummings, pastor of Bethlehem Apostolic Temple in Wheeling, said for people planning to represent themselves in court, such as Magistrate Court, a booklet should be available to help them through the process. The booklet should also educate judges on how best to help users get through the system.
"Equal protection ... is a civil right," he said.
Lawyer Jim Bordas said more money needs to be raised for Legal Aid of West Virginia, which provides legal services to those who cannot afford them. He also suggested there be a full-time legal advocate working in Magistrate Court to answer people's questions and help them file complaints.
Rose Humway, senior status Ohio County Magistrate, liked Bordas' idea of a full-time advocate, but said "it may be expensive in the long run." She suggested filing forms be made easier to fill out for the non-lawyer. The forms should ask the questions: who, what, where, why, when and how?
Julie Leath of Wheeling said officers need to be educated about Americans With Disabilities Act laws, especially those pertaining to officers providing an interpreter to the deaf when they are pulled over for a traffic infraction. She said her deaf daughter was pulled over and denied access to an interpreter.
"There should be accountability for when (officers) break the law," Leath said.
Before the meeting began, Benjamin said the forum was not meant to give people legal advice for specific cases. But at times, people were pointed in the right direction. For example, it was noted the Ohio County Bar Association likely has a list of local lawyers willing to work "pro bono," or free, for those in need.
Local businessman T.J. Posin complained about trying to deal with the state Tax Department, asking if the high court could review how it works. Benjamin said the court could only review cases brought before it. But Posin could file a writ if he believes the department is not following the law.
Meanwhile, Christine O'Brien of Wheeling said the legal system is not set up to allow mentally ill people to navigate it on their own. And Lynn Dipasquale, director of the Northwest Area Agency on Aging, said there needs to be training in law school about elder laws. Legal outreach in senior centers also is needed.
"People need legal advice. ... Knowledge is power," she said.
Many seniors are used to taking care of themselves. And when they need legal help, especially if related to a problem with a caretaker or family member, they are embarrassed to talk to anyone at the courthouse or on the phone. Seeing someone in person, she said, would be helpful.
"One-on-one works well with seniors," she said.
Denise Wytcherly, an interpreter for the deaf, said video phones should be installed at the courthouse. And officers should have Braille forms for the blind to read.
Two more sessions are planned: Nov. 1 in Morgantown and Nov. 15 in Charleston. After completed, the commission will decide what existing resources are available to address people's needs, and it will find solutions for others.