Dan Froomkin is reporting on a depressing new report that paints a frightening picture of just how difficult it is for ordinary Americans to receive justice in our courts. He discusses:
the finding[s] of a world-wide survey unveiled Thursday morning that ranks the United States lowest among 11 developed nations when it comes to providing access to justice to its citizens — and lower than some third-world nations in some categories.
The results are from the World Justice Project‘s new "Rule of Law Index", which assesses how laws are implemented and enforced in practice around the globe. Countries are rated on such factors as whether government officials are accountable, whether legal institutions protect fundamental rights, and how ordinary people fare in the system. …
But the most striking findings related to access to justice for ordinary people. …
[The study] found a significant gap between the rich and the poor in terms of their use and satisfaction with the civil courts system.
Froomkin quotes from a World Justice Project news release:
[O]nly 40% of low-income respondents who used the court system in the past three years reported that the process was fair, compared to 71% of wealthy respondents. This 31% gap between poor and rich litigants in the USA is the widest among all developed countries sampled. In France this gap is only 5%, in South Korea it is 4% and in Spain it is nonexistent.
Unfortunately, it is no surprise that the wealthy and powerful are happier with our court system than are the rest of the American people. This is consistent with the analysis contained in a People For the American Way Foundation report released earlier this year. Citing Citizens United and numerous other cases, The Rise of the Corporate Court: How the Supreme Court is Putting Business First exposed the undue deference the Supreme Court has too often paid to corporations at the expense of the legal rights of individuals.
Making it even harder for average Americans victimized by powerful corporations to seek justice, one in eight seats on the federal bench is vacant. In fact, the Administrative Office of the U.S. Courts has declared judicial emergencies in numerous circuits and districts where the vacancies have reached the crisis point. Yet Senate Republicans refuse to allow floor votes on qualified and unopposed judicial nominees to help relieve the overburdened federal judiciary.
The integrity of the entire judicial branch of the United States government is at risk.