Wyoming, Nebraska and New Mexico are making bigger investments than Colorado in a tried-and-true strategy for community well-being. The Colorado Access to Justice Commission estimates that Wyoming invests 3.5 times as much per capita in civil legal aid as Colorado. New Mexico and Nebraska put in almost three times as much per capita as Colorado. Nevada? 6.3 times as much. This is not to say these states have all the funding they require but simply to observe: we are far behind.
That isn’t only bad for justice. It’s also bad for our economy. A recent third-party analysis found that providing legal support for victims of domestic violence, victims of trafficking, veterans and older Coloradans is good business too — to the tune of a whopping estimated 619% social return on investment. That’s in addition to the intrinsic importance of providing justice and dignity to Colorado’s most vulnerable.
But Colorado is far behind other Western states, and according to a Colorado Access to Justice Commission report is the fourth-lowest per capita spending on equal justice out of 14 Western states.
That’s why this legislative session, we at Colorado Legal Services, partnering with other legal aid providers who serve the entire state, are asking: Please, let’s do at least as well for our communities as Wyoming, Nebraska and New Mexico. A proposed bill, House Bill 1286, would add a filing fee to civil courts that would go to legal aid organizations. The bill is currently under consideration and is scheduled to be before the House Finance Committee April 10.
Civil legal aid provides legal representation and legal help in noncriminal matters that are no less important than criminal cases but receive eight times less funding. Every day at Colorado Legal Services and organizations like us, attorneys and mission staff help some of the most vulnerable Coloradans escape domestic violence, receive veterans’ benefits, keep their homes, fight the mistreatment of older Coloradans, stop unfair treatment in their workplace and much more. And we do it on a shoestring.
Colorado only has 0.66 legal aid attorneys for every 10,000 eligible low-income residents — second-to-last among Western states. The Denver Post recently estimated that 23 Colorado counties are legal deserts, and 261,000 people live in those areas.
Which is why we are supporting the bill to create a small fee for Colorado’s court users to add a desperately needed, sustainable funding stream for legal aid in Colorado.
You might wonder: Why should court-users pay an added fee? Because more legal aid attorneys result in more efficiency in our courts and fewer slowdowns when there are fewer unrepresented folks trying to navigate arcane legal rules. Because everyone stepping into a Colorado court has an interest in the delivery of equal justice and dignity regardless of income, a bedrock principle of our justice system and our democratic republic.
Under the amended bill, people whose income is at or below 250% of the poverty level would not have to pay the fee in the bill, which minimizes the impact this fee increase would have on low-income Coloradans.
And here’s how we know equal justice is a good investment. When we help someone break through a bureaucratic logjam to get an identification document they have been seeking for months or years, that person can find employment and stable housing. When we help a victim of trafficking escape their situation, they have the chance to thrive in their family and community. Remember: this work saves communities money.
And the impact on people’s lives cannot be overstated. We only have a glimpse into the joy and the incredible difficulties thousands of Coloradans face, and yet there is a deep inspiration in our work.
One client, who shared her story during the House Judiciary Committee hearing on the bill March 5, said that Colorado Legal Services helped her file for divorce after separating from her abusive husband, and fought for her in court to ensure she received a fair share of the couple’s marital assets.
When her ex-husband refused to return her children after a scheduled visit, the client testified her CLS family law attorney helped get her daughters back and get a court order.
When it comes to chiles, rodeos or skiing, we wouldn’t tolerate getting lapped by our Western peers. Let’s apply that same pride of statehood to invest in the justice, dignity, and economies of our communities and make our pledge of justice for all a reality for those in need.
Matthew Baca lives in Denver and is the executive director of Colorado Legal Services, Colorado’s statewide nonprofit legal aid program, which has provided civil legal assistance to low-income people since 1925.
The Colorado Sun is a nonpartisan news organization, and the opinions of columnists and editorial writers do not reflect the opinions of the newsroom. Read our ethics policy for more on The Sun’s opinion policy. Learn how to submit a column. Reach the opinion editor at opinion@coloradosun.com.
Follow Colorado Sun Opinion on Facebook.