October 2023 Colloquium

Reimagining Access to Justice and the Rule

October’s Colloquium meeting managed to draw over 90 people who attended in person at the New York City Bar Association. The meeting opened with a recognition of Bill Butler, in both his legacy of Colloquium leadership, and his decades-long commitment to human and civil rights. This set a warm tone for the conversation, and situated the meeting in a dialogue that stretched back decades.

Attendees were composed of City Bar members; human rights officials from the United Nations and permanent missions; members of New York City government agencies that focus on social welfare and well-being; law professors from various universities; students from several different New York-based law schools, and Columbia School of Public and International Affairs. Importantly, attendees also reflected a host of community justice workers, non-lawyer rights advocates, paralegals, and activists. 

It is all too rare to have people with such a range of professional affiliations, backgrounds, and career stages in one room, and it made a palpably exciting atmosphere.

Initially, AAICJ President Martin Flaherty provided an overview of the AAICJ’s present work, and Ian Seiderman, ICJ Legal and Policy Director, explained some of the ICJ’s ongoing work on customary law, and how it relates to legal empowerment. The discussion mostly focused on content highlighted by our three speakers: Special Rapporteur, Meg Satterthwaite, Zenande Booi, Executive Director of Fordham Law’s Center for Race, Law and Justice, and Jhody Polk, the founder and director of the Jailhouse Lawyers Initiative. A summary of their key points is available in the segments below.

Legal Empowerment’s Essential Role in Rule of Law Reform

The Special Rapporteur provided an overview of her report to the General Assembly, A/78/171, which focused on improving access to justice worldwide by calling for the funding and implementation of a legal empowerment approach. The AAICJ’s submission is cited in the report.

Legal empowerment focuses on helping non-lawyers understand and shape the law, to enforce rights and improve outcomes on both the individual and community level. This perspective aligns with what many see as a core component of the rule of law: an engaged public with confidence and real access to the legal system, whether through formal or informal mechanisms, to resolve disputes. A legal empowerment approach to access to justice flourishes in certain places outside the U.S., and it is utilized domestically in some highly successful instances. The reason this is a critical perspective to consider more concretely now, is because even with needed improvements to access to civil counsel, there will likely never come a time in the United States where there are enough lawyers available to assist with basic needs and human rights cases. Legal empowerment focuses on putting law in the hands of people who are directly affected by its enforcement.