In September 2009, Melissa Baker gave birth to a sweet baby girl. But there was a problem. Jordyn Baker of Ringgold was born with “chromosome 17 deletion syndrome,” a rare and life-threatening disorder.
The baby must be fed through a tube and has had to endure surgeries on her kidneys and brain. She remains at home with her mother and sisters, but requires around-the-clock nursing care.
Melissa cares for her baby at home, but during the day, she works full time as a clerical worker as the family’s only wage earner. (The baby’s father left last year.) Thankfully, Melissa was able to secure nursing care from the Georgia Pediatric Program while she’s at work. Funded through Medicaid, home nurses are a cheaper — and more humane — alternative than hospitalizing Jordyn.
But last September, the Georgia Pediatric Program informed Melissa it was reducing the number of nursing hours for Jordyn, even as doctors were recommending more due to the baby’s surgery. Frantic, Melissa turned to the Georgia Legal Services Program, which provides legal representation in civil matters to those who cannot afford private attorneys.
After months of effort, attorney Cynthia Gibson was able to get help from the state attorney general’s office, which convinced the Georgia Pediatric Program to increase the at-home nursing hours for Jordyn. Without Gibson’s help, this baby’s family would have had few options for keeping her alive.
Across Georgia, low-income families have civil legal needs like Melissa’s for which they need professional legal help. The Georgia Legal Services Program and the Atlanta Legal Aid Society, along with volunteer hours from private attorneys, are there to meet these needs whenever possible. But legal aid organizations find themselves in a terrible funding crunch that threatens their ability to represent Georgians who desperately need them. This funding shortfall threatens a core principle of our democracy — equal access to justice.
Equal access to justice is first and foremost about assuring that Georgians have the ability to meet their most basic needs. Whether it is food, housing, personal safety, child custody or health care, people frequently need sound legal advice and representation to ensure that they and their children receive life’s basic necessities. Last year, Georgia Legal Services handled 839 cases helping Georgians get health care; it handled 561 cases helping citizens obtain unemployment benefits they were due.
Equal access to justice contributes to healthy communities and a vibrant economy. No community thrives when people are homeless, children are out of school, sick people are unable to get health care, or families experience violence. Likewise, when a person’s legal problem is addressed in a timely and effective way, the benefit ripples out and helps that person’s family, neighbors, employer and community.
Last year, Georgia Legal Services helped more than 1,100 families involved in domestic violence cases. It also handled more than 1,400 housing cases in which attorneys helped citizens find or keep homes.
The democratic principles that define Georgia and this nation will only be realized if the guarantees of “equal protection” and “the rule of law” are truly available to all. How can we expect people to respect the law if the law benefits only those who can afford to pay for legal representation?
Unfortunately, the nonprofit organizations in Georgia that provide access to justice for the poor are themselves feeling the impact of the recession. A primary funding source — Interest On Lawyers’ Trust Accounts, or IOLTA — has declined significantly during the recession as a result of historically low interest rates. The devastating effect of this and other funding reductions means a drastic cut in critical services.
Since 2006, the Georgia Legal Services Program has had to reduce its staff by nearly 10 percent and currently has the resources to help only a tenth of the people who call for legal aid. Georgia Bar Foundation funding for Georgia Legal Services has fallen from a high of $2.9 million in 2009 to $739,300 in 2011. Funding for 2012 could fall as low as $400,000.
In response to the crisis, the Georgia legal community has expanded its volunteer services and financial contributions. Last year, Georgia attorneys provided more than $5.5 million worth of free legal assistance to people who could not afford a lawyer. They took 28 percent more cases last year than the year before. Lawyers, judges and law firms donated more than $500,000 to Georgia Legal Services.
Despite these efforts, however, further budget cuts at both the state and federal level are threatening vital programs that provide equal access to justice for the most vulnerable Georgians.
The importance of the rule of law and access to justice cannot be ignored. I can only hope that our state and federal legislators recognize that these are core values that secure the success of Georgia’s families and communities. Funding for this important service must not be sacrificed.
Carol Hunstein is chief justice of the Supreme Court of Georgia.
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