Access to Our Courts
By This past year, the North Carolina Bar Association focused on access to our courts. The North Carolina State Bar also is evaluating this important subject. As our state becomes more populated and more diverse, it is good to look at how effectively our court system which includes Administrative Process is meeting this goal.
The United States Constitution, Fourteenth Amendment states:
Section 1
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Likewise, the North Carolina Constitution states in Article I:
Sec. 18. Court shall be open.
All courts shall be open; every person for an injury done him in his lands, goods, person, or reputation shall have remedy by due course of law; and right and justice shall be administered without favor, denial, or delay.
Sec. 19. Law of the land; equal protection of the laws.
No person shall be taken, imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner deprived of his life, liberty, or property, but by the law of the land. No person shall be denied the equal protection of the laws; nor shall any person be subjected to discrimination by the State because of race, color, religion, or national origin.
In an effort to ease the workload of our courts, are we forgetting the citizens of North Carolina? Twenty percent of the North Carolina population still do not have computers. A similar number of citizens do not have electronic equipment many other citizens take for granted. Unfortunately, North Carolina’s educational performance on elementary and secondary level is in the bottom third of the nation. This education is the foundation for individuals to understand and navigate the legal system. Significant numbers of families in North Carolina are below the poverty line. Are our efforts to be lay-friendly in our explanations or instructions concerning the law recognizing the circumstances of our citizens?
What is the likelihood of a citizen from an economically depressed agricultural county in North Carolina to be successfully heard in our court system? Certainly, the able staff of clerk’s offices attempt to provide assistance to the public. The Bar Association and attorneys also provide important pro bono assistance to the public. The question remains: are we effectively doing enough to be sure all citizens have equal access and equal protection while receiving due process in North Carolina?
The balance required in attempting to address what seems to be almost daily challenges in our world, and at the same time being sure we do not leave or exclude citizens from our legal process is real and present. Highly intelligent minds and deep experience must always remember other individuals are not always in the same place. Modern, sophisticated approaches in law have to also provide the ability for all citizens to be able to reasonably bring their claims or grievances to our courts for timely equal justice.
With this awareness and renewed commitment to our laws, let us continue to work to counsel and represent the citizens of North Carolina. Please join the efforts of the Bar Association and State Bar to have an in-depth and meaningful evaluation of access to the courts. Please continue to bring these issues to our Section Council for discussion. Through all of our efforts, we will affirm our commitment to equal protection and due process.