Bill Overview
Title: Access to Justice Act of 2022
Description: This bill requires a federal judicial district (or two adjacent districts or parts of districts) to establish a defender organization (i.e., a federal public defender organization or community defender organization). Currently, a federal judicial district (or part of a district or two adjacent districts) may establish a defender organization if at least 200 persons annually require the appointment of counsel.
Sponsors: Rep. Johnson, Henry C. "Hank," Jr. [D-GA-4]
Target Audience
Population: People who require legal representation in federal courts
Estimated Size: 175000
- The Access to Justice Act of 2022 focuses on ensuring that every federal judicial district has a defender organization to provide legal defense services to those who cannot afford them.
- Currently, not all judicial districts have a defender organization, which limits access to legal representation for individuals who are unable to afford private attorneys.
- In 2021, there were approximately 185,000 federal criminal defendants handled by the public defender system in the U.S., indicating a significant portion of the population relies on these services.
- The requirement for every district to have a defender organization will expand access to legal representation and justice for all individuals involved in federal criminal proceedings across the U.S.
- Globally, varying systems exist, but in the U.S., ensuring access to legal representation in federal courts is primarily for its citizens and residents involved in legal proceedings.
Reasoning
- The Access to Justice Act of 2022 aims to enhance access to legal defense for those who cannot afford it, potentially improving the well-being of individuals requiring legal representation.
- The act predominantly affects individuals facing federal charges without the financial means to hire private attorneys, enhancing their access to justice.
- While the policy directly impacts individuals in need of federal legal defense, it may indirectly affect their families and communities by potentially reducing stress and increasing trust in the legal system.
- Budget constraints mean the policy must be efficiently managed to maximize impact across numerous federal judicial districts, reaching as many eligible individuals as possible.
- We include a range of individuals in the simulation to capture various perspectives, including those directly affected and those indirectly impacted.
Simulated Interviews
Unemployed (New York, NY)
Age: 34 | Gender: male
Wellbeing Before Policy: 4
Duration of Impact: 5.0 years
Commonness: 10/20
Statement of Opinion:
- I can't afford a lawyer, and having access to a public defender could definitely help me have a fair trial.
- It's stressful not knowing if I'll have proper representation.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 4 |
| Year 2 | 6 | 4 |
| Year 3 | 7 | 4 |
| Year 5 | 7 | 4 |
| Year 10 | 7 | 4 |
| Year 20 | 7 | 4 |
Office Assistant (Dallas, TX)
Age: 27 | Gender: female
Wellbeing Before Policy: 5
Duration of Impact: 3.0 years
Commonness: 12/20
Statement of Opinion:
- With this policy, I feel my brother would have a better shot in court.
- Anything that improves access to good legal aid is critical for justice.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 5 |
| Year 2 | 6 | 5 |
| Year 3 | 6 | 5 |
| Year 5 | 5 | 5 |
| Year 10 | 5 | 5 |
| Year 20 | 5 | 5 |
Public Defender (San Francisco, CA)
Age: 50 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 7.0 years
Commonness: 5/20
Statement of Opinion:
- The policy could help by expanding our offices, but we also need to ensure quality doesn't drop as we handle more cases.
- Proper funding and staffing will be crucial.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 7 | 6 |
| Year 5 | 6 | 6 |
| Year 10 | 6 | 6 |
| Year 20 | 6 | 6 |
Community Organizer (Miami, FL)
Age: 43 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 10.0 years
Commonness: 7/20
Statement of Opinion:
- This policy is a step in the right direction for equity in justice.
- Access to legal defense should not depend on one's financial status.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 7 |
| Year 2 | 8 | 7 |
| Year 3 | 8 | 7 |
| Year 5 | 8 | 7 |
| Year 10 | 7 | 7 |
| Year 20 | 7 | 7 |
Farmer (Rural Ohio)
Age: 38 | Gender: male
Wellbeing Before Policy: 5
Duration of Impact: 4.0 years
Commonness: 8/20
Statement of Opinion:
- I think this could help people like us in rural areas where legal help is hard to access.
- Having assured access to public defenders could relieve a lot of stress.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 5 |
| Year 2 | 6 | 5 |
| Year 3 | 5 | 5 |
| Year 5 | 5 | 5 |
| Year 10 | 5 | 5 |
| Year 20 | 5 | 5 |
Student (Chicago, IL)
Age: 21 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 2.0 years
Commonness: 15/20
Statement of Opinion:
- I'm studying law and know how important legal representation is.
- This policy aligns with the justice reforms I've been advocating for.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 6 | 6 |
| Year 5 | 6 | 6 |
| Year 10 | 6 | 6 |
| Year 20 | 6 | 6 |
Retired (Phoenix, AZ)
Age: 65 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 5.0 years
Commonness: 18/20
Statement of Opinion:
- I'm retired and on a fixed income; knowing there's legal help available is comforting.
- The policy may improve trust in the community's justice system.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 6 | 6 |
| Year 3 | 6 | 6 |
| Year 5 | 6 | 6 |
| Year 10 | 6 | 6 |
| Year 20 | 6 | 6 |
Paralegal (Atlanta, GA)
Age: 29 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 6.0 years
Commonness: 10/20
Statement of Opinion:
- Increasing resources for public defenders is overdue and necessary for fair trials.
- The policy should also focus on reducing caseloads to ensure quality legal aid.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 7 |
| Year 2 | 8 | 7 |
| Year 3 | 7 | 7 |
| Year 5 | 7 | 7 |
| Year 10 | 7 | 7 |
| Year 20 | 7 | 7 |
Small Business Owner (Los Angeles, CA)
Age: 55 | Gender: male
Wellbeing Before Policy: 5
Duration of Impact: 10.0 years
Commonness: 8/20
Statement of Opinion:
- Having seen the inside of the system, I know how important it is to have competent defense available.
- If this policy helps more people, I'm all for it.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 5 |
| Year 2 | 7 | 5 |
| Year 3 | 7 | 5 |
| Year 5 | 7 | 5 |
| Year 10 | 6 | 5 |
| Year 20 | 6 | 5 |
Legal Consultant (Houston, TX)
Age: 46 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 5.0 years
Commonness: 11/20
Statement of Opinion:
- Systemic changes are needed, and this is a strong step forward for ensuring everyone gets legal aid.
- However, we must monitor the quality of representation as much as accessibility.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 7 | 6 |
| Year 5 | 7 | 6 |
| Year 10 | 7 | 6 |
| Year 20 | 7 | 6 |
Cost Estimates
Year 1: $760000000 (Low: $700000000, High: $800000000)
Year 2: $780000000 (Low: $720000000, High: $820000000)
Year 3: $790000000 (Low: $730000000, High: $830000000)
Year 5: $810000000 (Low: $750000000, High: $850000000)
Year 10: $850000000 (Low: $790000000, High: $890000000)
Year 100: $2000000000 (Low: $1800000000, High: $2200000000)
Key Considerations
- Significant upfront investment will likely be required to set up defender organizations in each judicial district.
- Cost savings might occur through reduced court congestion and potential decrease in incarceration rates.
- Ensuring ongoing funding for staffing, training, and operations is critical to the sustainability of these organizations.
- Legal representation aligns with constitutional rights, potentially reducing disparities in the legal proceedings for lower-income individuals.