Why Has the Department of Justice Restored a Lapsed Office?

At the very end of October, 2021, U.S. Attorney General Merrick B. Garland announced that his justice department would restore the Office for Access to Justice as a standalone office.

In the justice department’s press release, Merrick said that “There can be no equal justice without equal access to justice. And because we do not yet have equal access to justice in America, the task before us is urgent.”

The Obama administration first opened this office in March 2010 to make it easier for people to receive legal assistance and proper legal counsel. The staff of the Office for Access to Justice, or ATJ for short, works with different federal agencies, and with people in the legal system at the state, local, and tribal justice system levels to make sure people can get the information and assistance they need to be treated fairly by the U.S. Justice System.

The office stayed open and supported during both of Obama’s terms, but was shuttered during Trump’s administration.

The three main principles for ATJ are as follows:

• Promoting Accessibility. A primary goal of the office is to make sure people in the U.S. understanding their rights, and how to exercise those rights. Information about the country’s laws and legal mechanisms help achieve that goal. Access to legal advice is presented with that goal in mind as well.
• Ensuring Fairness. According to the ATJ, people should have the same right to a fair legal outcome, regardless of their income level or wealth. Other disadvantages, such as mental illness, physical disability, or lack of fluency in the English language, should also be taken into account in helping people achieve fair outcomes.
• Increasing Efficiency. Reducing waste and removing duplication of efforts will help lower costs in general. Legal solutions that require less involvement from lawyers and less court resources can save everyone money, and can eliminate redundancy in the legal system.

What Has the Office Done?

A big push for the ATJ has been to fight “the criminalization of poverty.” When people cannot afford legal counsel, and cannot defend themselves in court, they are often jailed. While they are jailed, they lose their jobs, must drop out of school, and can be evicted from their residences. The ATJ has instituted programs to make sure people can craft an adequate defense regardless of means – whether they need a divorce attorney, a criminal defense attorney, or any other kind of legal counsel.