Study ranks Hawaii third in nationwide access to justice

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KAILUA-KONA — Hawaii comes in behind Washington, D.C., and Massachusetts as one of the best places for people to have their voices heard in the court system, according to a recently released National Center for Access to Justice study.

KAILUA-KONA — Hawaii comes in behind Washington, D.C., and Massachusetts as one of the best places for people to have their voices heard in the court system, according to a recently released National Center for Access to Justice study.

The study covered four areas — attorney access for low-income litigants, support for self-represented litigants, support for litigants with English skills and support for people with disabilities.

Third Circuit Judge Ronald Ibarra said the county did well because of their excellent connections with other bodies, such as the local section of the state bar association and the Hawaii County Police Department.

The Chief Justice can direct the staff of the judiciary to do things, he said, but people in other organizations have to make a commitment to work with the courts.

“There’s partnerships with various entities,” he said.

That allows the circuit to operate programs, like the legal Self Help Centers, that would not be possible otherwise. The Self Help Centers are staffed with attorneys who volunteer to provide advice time in Kealakekua and Hilo.

Ibarra touted the centers as a key way for people to resolve all sorts of issues, such as tenant-landlord relationships. The advice at the center is procedural, not legal. This also means the attorneys do not create an attorney-client relationship, which would require appearances in court.

This is part of why the state was ranked fifth in terms of access for people without an attorney.

The state also did well in the number of civil attorneys who provide services to people under 200 percent of the federal poverty line, rating fifth in the country.

“The Justice Index Report not only helps educate the public about the challenges and unmet need for legal assistance that exists in our legal system nationwide, but also raises awareness of the many resources available,” said Chief Justice Mark Recktenwald in a statement. “Increasing access to justice requires a collaborative effort. We are so grateful to all those who are committed and dedicated to making 100 percent access a reality for all.”

Hawaii is first in the nation for helping non-English speakers with the court system, the center said.

Ibarra said that comes through multiple efforts, including the courthouse translator system.

Those people work on an as-needed basis, covering 45 languages, to translate from English into a language and back as the court is ongoing.

“Language access has always been a priority for us. These findings are the result of the commitment of our OEAC team and the 382 interpreters who are part of the Judiciary’s Court Interpreter Certification Program,” said Rodney Maile, Administrative Director of the Hawaii State Judiciary, in a prepared statement. “We are continuing to find ways to improve language access and are currently working on translating court forms from English into the 12 to 14 languages most frequently encountered in our state courts.”

The program relies on certified translators, but has pulled in native speakers at times to cover gaps.

One of the important parts of the study was if people could get to the tools needed to act in court, including paperwork. Hawaii offers an online, interactive system to allow people to complete some of the most common civil forms.

Hawaii ranked seventh in terms of access for people with disabilities. That includes allowing people to get to the courthouse or documents.

Ibarra saw room for improvement in his facility. Getting to the court requires either a trip up a steep flight of steps or a winding way with minimal parking that is off the bus path as well.

“Here, this facility is horrible,” he said of the larger courthouse in Kealakekua.

However, that should be resolved with the new courthouse scheduled to open in 2019 in Kealakehe, he said. That courthouse will combine the operation of the existing three courthouses — two located Kealakekua and one off Kuakini Highway, just north of Sea View Circle, in Kailua-Kona.