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AB-2520 Department of Justice: Office of Access to Justice.(2021-2022)

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Date Published: 08/29/2022 09:00 PM
AB2520:v94#DOCUMENT

Enrolled  August 29, 2022
Passed  IN  Senate  August 25, 2022
Passed  IN  Assembly  August 25, 2022
Amended  IN  Senate  August 11, 2022
Amended  IN  Assembly  April 21, 2022
Amended  IN  Assembly  April 07, 2022
Amended  IN  Assembly  March 24, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 2520

Introduced by Assembly Member Gabriel

February 17, 2022

An act to add and repeal Chapter 4 (commencing with Section 15210) of Part 6 of Division 3 of Title 2 of the Government Code, relating to state government.


LEGISLATIVE COUNSEL'S DIGEST


AB 2520, Gabriel. Department of Justice: Office of Access to Justice.
Existing law establishes the Department of Justice, which is responsible, in part, for overseeing statewide criminal justice programs, including the California Criminalistics Institute.
This bill would require the department to establish an Office of Access to Justice by January 1, 2024, for the purpose of increasing the availability of meaningful access to justice for all Californians, as specified. The bill would require the office to promote access to justice for low-income and other underrepresented people in the California criminal and civil justice systems by, among other things, advising the Attorney General on access to justice issues and developing policy recommendations for the Attorney General, establishing a Legal Aid Interagency Roundtable, and identifying emerging legal issues among low-income Californians by communicating regularly with local legal aid organizations, community groups, divisions and bureaus within the department, and any other group or organization deemed appropriate or relevant by the office.
This bill would authorize the office to provide analysis and input as necessary on issues related to civil legal aid and access justice for legislative proposals pending before the Legislature. The bill would require the office to prepare a report describing the office’s activities and submit the report to the Legislature and post the report on the department’s internet website by March 1, 2025, and annually thereafter, until April 1, 2028. The bill would require the office to cease all activities on January 1, 2029, and would require the department to prepare a report outlining the office’s accomplishments and describing ways to improve access to justice and to submit the report to the Legislature and post the report on the department’s internet website by April 1, 2030.
The bill would repeal these provisions on January 1, 2031.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares as follows:
(a) According to a 2017 “Justice Gap Report” by the Legal Services Corporation, low-income Americans receive inadequate or no legal assistance for approximately 85 percent of the civil legal problems that they face.
(b) According to the 2019 study “The California Justice Gap: Measuring the Unmet Civil Legal Needs of Californians,” in California, while 60 percent of low-income people experience at least one civil legal problem in their household each year, 23 percent have six or more civil legal problems per year. The study also found, consistent with national findings, that low-income people received inadequate or no legal help for 85 percent of these problems.
(c) On average, there is only one civil legal aid attorney available per 5,500 low-income Californians. In rural areas, that disparity is much larger.
(d) Equal access to justice advances the missions of many state programs, especially those designed to lift people out of poverty.
(e) The Office for Access to Justice at the United States Department of Justice grew from a 2010 initiative of then-United States Attorney General Eric Holder. In 2016, it was established as a stand-alone office within the United States Department of Justice with responsibility to “plan, develop, and coordinate the implementation of access to justice policy initiatives of high priority to the department and the executive branch, including in the areas of criminal indigent defense and civil legal aid.” It was reestablished in October 2021 by United States Attorney General Merrick B. Garland following a memorandum issued by President Biden reaffirming the department’s role in securing meaningful access to justice. The office has achieved many successes since its inception, including serving as the central authority on access to justice for the United States government and, through its Legal Aid Interagency Roundtable, clarifying the scope of dozens of federal programs to include the provision of legal aid, thereby furthering program goals.

SEC. 2.

 Chapter 4 (commencing with Section 15210) is added to Part 6 of Division 3 of Title 2 of the Government Code, to read:
CHAPTER  4. Office of Access to Justice

15210.
 For purposes of this chapter, the following definitions apply:
(a) “Department” means the Department of Justice.
(b) “Office” means the Office of Access to Justice.
(c) “Roundtable” means the California Legal Aid Interagency Roundtable.
(d) “Underrepresented people” includes, but is not limited to, racial, religious, and ethnic minorities, women, members of the lesbian, gay, bisexual and transgender community, individuals who reside in rural communities, individuals with disabilities, and language minorities.

15210.1.
 (a) The department shall establish an Office of Access to Justice by January 1, 2024, for the purpose of increasing the availability of meaningful access to justice for all Californians, thereby improving the outcomes of state programs.
(b) The department shall provide sufficient personnel and funds to establish and operate the office.
(c) Notwithstanding this section, the department may use an existing branch or division within the department to serve as the office for purposes of implementing this chapter.

15210.2.
 (a) The office shall promote access to justice for low-income and other underrepresented people in the California criminal and civil justice systems by doing all of the following:
(1) Promoting access to justice within the department by doing all of the following:
(A) Advising the Attorney General on access to justice issues and developing policy recommendations for the Attorney General.
(B) Coordinating with all divisions and bureaus within the department to ensure each is considering access to justice in policy, enforcement, and funding decisions.
(C) Identifying opportunities for the Attorney General or other state official or agency to present positions in legal cases or administrative proceedings that implicate access to justice concerns.
(D) Providing recommendations to the Attorney General, and identifying opportunities for, the Attorney General to facilitate cooperation between civil legal aid providers and the criminal justice system to improve outcomes for individuals impacted by both the criminal justice and civil legal systems.
(E) Identifying emerging legal issues among low-income Californians and underrepresented people by communicating regularly with local and tribal legal aid organizations, California Native American tribes, community groups, divisions and bureaus within the department, and any other group or organization deemed appropriate or relevant by the office.
(2) Promoting access to justice within the executive branch by establishing a Legal Aid Interagency Roundtable, which shall do all of the following:
(A) Invite representatives of state agencies and departments with programs that help the vulnerable and underserved and any other group or organization deemed appropriate or relevant by the office to convene in order to advise the representatives on incorporating access to justice principles and, where appropriate, including legal services among the range of supportive services a program provides so that those programs are more efficient and produce improved outcomes for the populations they serve.
(B) Facilitate strategic partnerships with and between state agencies, California Native American tribes, legal aid nonprofits, and other relevant groups to promote access to civil legal aid and to improve the efficiency and outcomes of state programs.
(C) Plan and convene at least two meetings of the roundtable each year.
(b) The office may provide analysis and input as necessary on issues related to civil legal aid and access to justice for legislative proposals pending before the Legislature.
(c) The office may perform other duties and functions authorized by law or directed by the Attorney General.
(d) (1) The office shall prepare a report describing the office’s activities and submit the report to the Legislature and post the report on the department’s internet website by March 1, 2025, and annually thereafter.
(2) A report submitted to the Legislature pursuant to this subdivision shall comply with Section 9795.
(3) The requirement for preparing a report under this subdivision is inoperative on April 1, 2028, pursuant to Section 10231.5.
(e) The office shall cease all activities on January 1, 2029.
(f) (1) The department shall prepare a report outlining the office’s accomplishments and describing ways to improve access to justice and submit the report to the Legislature and post the report on the department’s internet website by April 1, 2030.
(2) A report submitted to the Legislature pursuant to this subdivision shall comply with Section 9795.

15210.3.
 This chapter shall remain in effect only until January 1, 2031, and as of that date is repealed.