Re-Balancing the Scales of Justice

Anybody who has seen a police procedural or legal drama on TV knows that criminal suspects not only have the right to be represented by an attorney, but that one will be appointed for them if they can’t afford their own lawyer. But that doesn’t apply for civil litigation, which includes such situations as facing eviction or securing a civil domestic violence restraining order – issues that could end up being more threatening than being charged with a simple misdemeanor such as shoplifting.

“It can be hard to wrap your head around it, especially what it means in real life,” says Legal Aid Foundation of Santa Barbara County’s Executive Director Jennifer Smith. “These types of events have an extremely hard impact on people, and there’s a real justice gap for the poor who can’t afford an attorney.”

That’s where the Legal Aid Foundation comes in. The nonprofit, which is headquartered in a small building in downtown Santa Barbara, provides high quality civil legal services to hundreds of the less fortunate among us every year throughout the county. Their highly-trained staff of attorneys, aides, and volunteers provide legal information and advice, expert assistance with legal documents, and representation in court.

Its services cover a wide swath of civil law, from elder abuse to consumer protection to COVID-19 impact to immigration assistance. But housing is a full 50 percent of Legal Aid Foundation’s work, as the issue directly impacts issues of homelessness. “Getting evicted in our county can absolutely result in falling into homelessness,” Smith says. “We want to help prevent that.”

One of the organization’s newer programs focuses on disability advocacy, where Legal Aid helps people who are currently without stable shelter apply for Social Security disability benefits. “The data shows that having a lawyer help to prepare and review those applications greatly increases the likelihood of success,” Smith explains. “We also partner with another nonprofit to help people secure housing and provide case management and other support.”

Another 25 percent of Legal Aid Foundation’s work is in the area of intimate partner violence protections that the criminal justice system can’t adequately address, including restraining orders, child custody, or child support. 

“It’s absolutely critical,” Smith says. “I can only imagine what it must feel like to face an abuser in court, and to have to do that by yourself without an advocate would be particularly intimidating and scary. You might be afraid to even show up if you’re alone.”                    

To make sure it has as much direct outreach as possible, Legal Aid Foundation maintains self-service stations at the county courthouses that are staffed by attorneys to offer immediate guidance with filling out forms and other paperwork, researching the law, or help with navigating the often complicated legal process and jargon. 

It’s important to stress that Legal Aid doesn’t get involved in such issues as wrongful death or personal injury, areas that are outside the organization’s bailiwick. 

“We’re not competing with the private bar,” Smith says. “We’re helping people and low-income families with civil issues that impact shelter safety and economic well-being for the most vulnerable in our community.”