Overview of Legal Aid
Legal aid is a resource designed to help people who cannot afford an attorney. With the high rates of unemployment and the large population of active military members, many members of communities in Jersey City are finding themselves unable to pay for the legal services they need in order to resolve their problems. Legal aid provides these people access to basic legal assistance so that they can avoid falling through the cracks of the judicial system.
Legal aid may be used for civil matters, such as assistance with immigration or social security disability forms to help people seeking permanent residence in the country or obtaining benefits. Additionally, legal aid is available to individuals in need of assistance with bankruptcy filings, name changes, minor criminal matters or landlord and tenant disputes.
Federal law mandates the establishment of the Legal Services Corporation , the non-profit corporation that administers funds for legal aid. Legal aid organizations utilize these funds to support their programs in service of persons unable to afford private counsel.
There are two large legal aid organizations in the New Jersey area: Legal Services of New Jersey (LSNJ) and Cape-Atlantic, Inc. Both state run entities provide free information on civil legal matters, and operate throughout New Jersey. LSNJ, for example, provides the LSNJ Law Line, which program provides callers with free legal assistance, and the Online Self-Help Legal Clinic, offering free assistance to persons without attorneys seeking to file for divorce or obtain an expungement. However, there are also many local legal aid organizations; for example, the Hudson County Legal Services, located in Hudson County, New Jersey.
Qualifications for Legal Aid in Jersey City
To qualify for legal aid in Jersey City, residents typically need to prove that they cannot afford to pay a private attorney to represent them. Low-income individuals are the primary group eligible for legal aid in New Jersey. Family and civil cases are often prioritized, however, there are no strict income caps. In general, legal aid is available for cases that involve a significant financial stake or matter of individual liberty at issue. Cases related to the Department of Human Services, government benefits, housing, unemployment, welfare, consumer issues, employment discrimination, workers’ compensation, disability, guardianship & conservatorship, bankruptcy, and civil or criminal rights are a few of the notable matters that may be eligible for legal aid in the state.
The order of priority for most legal aid organizations in the state includes the following: For those individuals who do not qualify for legal aid, information, and referrals to other groups may be available. They can also provide guidance to those who are looking for no-cost legal assistance for cases that may not qualify for legal aid.
Types of Issues Addressed by Legal Aid Services
The range of legal matters for which legal aid can provide assistance is broad, including family law-related issues such as divorce, child custody, and support. There are also services available to provide representation in guardianship cases, where a guardian will be appointed for an incapacitated adult or minor child. Legal aid can also offer services for obtaining a final domestic violence restraining order against an abuser under the Prevention of Domestic Violence Act (PDVA).
Landlord-tenant disputes can also be addressed through legal aid, whether it is defending against an eviction or taking steps to obtain a rent reduction in a case involving substandard housing conditions. Affordability of housing has long been a central issue in Jersey City, and tenants are often in need of legal assistance when trying to secure a safe place to live.
Finally, for those in need of some form of public benefits – which may involve low-income status – legal aid can prove vital when it comes to securing public assistance in a timely manner or appealing a denial or termination of benefits. In New Jersey, programs such as disability benefits (Social Security Disability Insurance or Supplemental Security Income), NJ SNAP food assistance, and Temporary Assistance for Needy Families may be important resources that are essential for those in need.
Procedures for Securing Legal Aid
To apply for legal aid, individuals in Jersey City must first determine if they meet the financial eligibility requirements. Upon confirming eligibility, they will need to contact the local legal aid office to obtain an application form. The form can often be requested by phone or downloaded directly from the office’s website. Applicants must then fill out the application form with personal information, case details and financial information. Along with the completed form, applicants must provide documentation regarding their income, assets and expenses. Depending on the specific legal issue, further documentation may also be required.
After compiling the necessary documentation, applicants can submit their application and supporting materials to the legal aid office. Submission methods can vary by office, but typically include in-person visits, mail-in applications or submission via email. Once their application has been submitted, applicants will be contacted by a pro bono attorney for further assessment of their case.
Organizations Providing Legal Aid in Jersey City
The following is a list of the most prominent legal aid organizations that are located in or serve Jersey City:
Legal Services New Jersey: This state-funded lawyer referral service connects New Jersey residents with more than 300 legal services offices throughout the state. In addition to providing free legal advice, it also assists with lawyer referrals and pro bono support.
State of New Jersey Judiciary: This state government division offers resources for individuals representing themselves in civil court proceedings as well as assistance in finding a lawyer.
American Civil Liberties Union of New Jersey: As a non-profit legal organization dedicated to protecting and promoting civil rights within the United States, the ACLU of New Jersey also provides legal assistance in areas that extend beyond civil rights .
Northeast New Jersey Legal Services: Located in Jersey City, Northeast New Jersey Legal Services is tasked with providing legal assistance to low-income residents throughout Hudson County. Supported by federal funding, the organization is known for offering services through its Volunteer Lawyers Program as well as mediation and court representation.
St. Thomas R.C. Church Legal Services: A non-profit, community-based legal clinic supported by the Kennedy Behavioral Health Center in Iselin, NJ, St. Thomas R.C. Church Legal Services assists low- and moderate-income residents in obtaining necessary legal services.
Seton Hall University School of Law Center for Social Justice: In addition to housing a law school, Seton Hall also operates a legal and social services clinic at its new facility in Newark, NJ. It provides comprehensive services for civil, criminal and juvenile justice matters.
Challenges Faced by Legal Aid Organizations
The increase in poverty levels and the on-going crisis of affordable housing have led to a dramatic rise in the demand for legal assistance. This has overwhelmed the few legal aid services available in Jersey City. As a result, those seeking help are often referred to services out-of-state, or to government agencies ill-equipped to handle the complexities of legal matters. These referrals, unfortunately, come with long wait lists.
Because of the high demand, legal aid services have a hard time maintaining the resources necessary to both address the rise in clients and to cover the spectrum of legal issues impacting those clients. A recent American Bar Association study found that 81% of low-income Americans do not receive the legal help they need. Many legal aid organizations face staffing shortages as well. The small pool of attorneys willing to donate their time to legal aid services often cannot handle the high caseloads that are overwhelming these providers.
The Effects of Legal Aid on the Community
Legal aid has played an invaluable role in improving the lives of residents in Jersey City. The impact it has had on the community cannot be overstated. It has made essential legal services accessible to individuals who would otherwise be unable to afford them, revolutionizing the manner in which low-income residents are treated in the legal system.
For example, a domestic violence victim might benefit from legal aid by obtaining a restraining order against an abusive partner or spouse. Legal aid can provide the necessary representation to help the victim stay safe and secure. Similarly, a legal aid attorney could assist a person who is facing deportation or immigration-related problems.
Some cases have had a widespread impact on society as a whole. In the case of In re Adoption of Baby M, Paul and Elizabeth were denied the opportunity to adopt a child because they were gay. When confronted with the reality that she could not have a child of her own, Elizabeth decided to become a surrogate. After giving birth, she concluded that she wanted to keep the baby. Paul and Elizabeth faced wrongful accusations and a public relations nightmare when sued by the … But with the help of legal aid, their case went all the way to the state supreme court, which ruled in their favor . Their successful fight changed the laws forever for future same-sex parents.
In general, the benefits of legal aid are numerous, particularly in an ethnically diverse state like New Jersey. Language, cultural and religious barriers can present significant hurdles; legal aid improves the quality of legal representation for vulnerable populations. Legal aid has helped marginalized communities assert their rights through a direct impact on case outcomes.
The creation of legal aid has been associated with a variety of broader societal benefits. It has improved public security by making protections available to victims of domestic violence, ensuring points of contact for runaways and curtailing the exploitation of minors. Legal aid has also assisted in controlling crime rates by providing defendants with the legal representation necessary to prevent unfair penalties and sentences.
As legal aid continues to expand, its merits to both society and individuals will only increase. With more Jersey City residents gaining access to free legal assistance for their various issues, we can expect to see continued improvement in the residents’ quality of life.
