Editorial
In a recent civil court proceeding, it became glaringly apparent that Idaho law harms youthful, low-income citizens who are disadvantaged and even prohibited from fair and just treatment by being forced to stand alone against experienced trial attorneys or go into significant debt to obtain “legal representation.”
In this case, a young woman of humble means has been forced into legal proceedings even though she is not accused of any wrongdoing and is, in fact, the victim of trauma and abuse. Because her trauma was sustained by a random act of violence and the proceeding is in civil court, she is not eligible for any no- or low-cost legal aid services. Currently, all legal aid services are reserved for victims of domestic violence, eviction proceedings, illegal aliens, or elderly services.
Prior to the legal proceeding, the young woman had executed a Durable Power of Attorney (POA) to allow her trusted agent to advocate on her behalf with medical providers, billing agencies, insurance companies, and governmental bodies.
However, as soon as she stepped foot into the “justice system” she was denied any support or advocacy unless she was willing to be charged $350-$500 per hour for the “privilege” of representation.
Our system allows for pro-se appearances, then bars pro-se litigants from any form of support that hasn’t been paid for. Does this sound like a just or fair system?
No one is allowed to assist in filing paperwork or sit next to the victim in court proceedings, not even a parent or other family member, trusted elder, or POA agent.
The disadvantaged citizen is expected to fight for their rights against experienced, and often corrupt, trial attorneys who know every trick in the book to strip innocent victims of their dignity and property.
Idaho lawmakers must take the power it has given to self-serving trial attorneys and return the power back to the American citizen. This can be easily remedied by amending Idaho Code § 3-104 and § 3-420.
Reform in Idaho law regarding rights of representation in civil litigation is sorely needed. This publication will not turn a blind eye to injustice. This editorial is only the first step in raising public awareness of this critical issue.
