One of my professors in law school was fond of telling his students that “a lawyer is not a bus.” What he meant was that as a lawyer you do not have to take every case that walks in the door.
There may be good reasons for a lawyer not to take on a client. The lawyer might be too busy or the case might involve an area of the law in which the lawyer has no experience. Or, as sometimes happens, the case may lack merit and it would be a waste of time to pursue it.
My law professors’ advice may be sound as applied to an attorney. But as to a judge, it has no application. Because as a judge, I am a bus (or at least a bus driver).
My point is that, with rare exceptions, the court system has to process every case that is filed. Unlike an attorney, we cannot turn down a case because we are too busy or because the case would be difficult. We have to accept every case that is filed, and should do so with the promise that every party will have their day in court and have their case decided on the merits.
That sounds good. But should we really let everyone on the bus?
Absolutely. We are, after all, talking about access to justice. Each of us has a right to use the court system to protect ourselves and our families. We all have the right to bring a court case against someone who has caused us harm or damaged our property.
Having a right to bring a matter to court can be meaningless, however, if you lack the ability to exercise that right. Most of us could bring or defend a matter in court. Unfortunately, for others there are barriers that make it difficult or impossible for them to realize their legal rights.
For many people, money is the barrier. They simply cannot afford to hire a lawyer or pay required court costs. For some, transportation is a hurdle. For still others, access to justice is complicated by disabilities, impaired hearing or poor language skills.
Minnesota, like many states, is dealing with a significant budget deficit and our court system has had to make do with less. But can we cut the court budget and still do justice? We will certainly do the best we can with whatever resources the legislature gives us. If we must make additional cuts, however, we need to be careful that we do not make accessing justice even more difficult than it already is.
Equal protection under the law. Liberty and justice for all. We strive every day to realize these principles.
We cannot provide justice, however, for those who can’t even get to the bus stop.
As always, remember it is your court.
Rasmussen is a district court judge in the Ninth Judicial District. He is chambered in Clearwater County and works primarily in Clearwater and Hubbard counties. Email him at: paul.rasmussen@courts.state.mn.us
