Technology On The Tundra
Technology
is the lynchpin of providing access to justice to all Americans.
For those living in rural America, there simply is no access
without technology. In my home state of Alaska, many residents
live in extraordinarily remote circumstances in villages
accessible only by air or water. The vastness and diversity of
Alaska’s geography is difficult to describe in a manner that
adequately relates its magnitude. We have only one time zone in
our state, though if we used the conventions normally applied to
great swaths of the earth, we would have four. We have a handful
of clustered urban communities, but most of our towns and
villages are scattered across 570,374 square miles.
Most
lawyers are located in the urban clusters, so in addition to the
financial obstacles familiar to low-income clients seeking legal
representation, rural Alaskans also have serious geographic
obstacles. In rural Alaska, lawyers and paralegals simply do not
exist, nor do law libraries or commercial vendors that might
provide legal information.
Before
the Internet, the only access to legal services for rural
Alaskans was through periodic intake visits of Alaska Legal
Services Corporation (ALSC) attorneys.
Even if individuals could get to a lawyer and fill out an
intake form, there was no guarantee that they would get
representation. In fact, because of limited resources, most did
not. Frustratingly, people often presented with problems they
could resolve on their own if directed to the appropriate legal
information, but accessing information proved difficult for
many.
With
the Internet, however, the synergy created among the telephone,
e-mail, and web-based information made every personal computer a
virtual law office. This was the case for a Native woman who
lived in one of Alaska’s most remote and inaccessible villages
along the northwest coast. She called and said, “I’ve been
trying to get divorced for 13 years but can’t. Could you help
me?” We asked, “Do you know about the Internet?” She
replied, “I clean at the school and they let me use the
computers there when I’m finished working. I have a Yahoo
account.”
That
night after work she received an e-mail with all of the forms
and instructions she needed to complete her divorce. Within a
matter of months she accomplished what seemed impossible for 13
years. The Internet gave her access to legal help and timely and
responsive legal information.
After
that call, we realized how far the access doors had been thrown
open by the Internet. We realized we needed to find useful and
creative ways to disseminate information that allows people to
help themselves, so that the scarce resource of attorney time
can be used most efficiently in those cases too complex for
self-representation. With the support of the federally funded
Technology Initiative Grant program, the Alaska Court System and
ALSC teamed up to put computers with Internet and telephone
access in six of our busiest courts across the state. In
addition, we developed a collection of web-based education
modules hosted on the statewide legal services web page. The
modules offer web links to a variety of legal, governmental, and
social services resources that a user might find valuable. These
modules also are translated into various languages, which is an
indispensable feature for populations who speak languages other
than English. For instance, because we have been able to offer
sound clips to accompany the text on a user’s screen, ALSC can
now provide an oral explanation of eligibility guidelines in Yup’ik,
a language spoken by Native people in the Yukon-Kuskokwim Delta
region. Users can return to the oral material as often as they
please to fully understand the various points.
To
date, we offer online education on applying for divorce and
custody, as well as background information on how to prepare for
hearings and file motions, modifications, and enforcement
actions. The Disability Law Center of Alaska (DLC) has provided
online information on guardianships.
The
groundwork for this project was nurtured through another
significant federally funded project, ALSC’s statewide legal
services webpage at AlaskaLawHelp.org. The development of this
page brought together a variety of stakeholders, including the
courts, the military, the disability community, the Alaska Bar
Association, and organizations that help victims of domestic
violence. By working together, we are gaining a better
understanding of our roles and how we might best complement one
another.
For
instance, the court-sponsored Alaska Family Law Self-Help Center
got a call from a gentleman in a remote village whose sister
could no longer care for her children. He was calling to learn
about his options for filing for guardianship or custody of the
kids. In the course of the conversation, it became clear that a
new caseworker at the public assistance office had wrongfully
denied him emergency assistance. As a result the young children
were without food. While it’s inappropriate for court
employees to advocate for an individual, AlaskaLawHelp.org
allowed the court staff to refer him to the website with the
relevant regulation. By printing it and providing it to the case
worker, the problem was resolved.
For
many, legal help has never been more than a car or bus trip
away. Today, as a result of the technology revolution and the
resources provided by LSC, legal information is only a mouse
click away for rural Alaskans. The federal government has
generously invested in technology on behalf of the legal
services community. For many in rural Alaska, it has wrought the
first real access to justice in their lifetimes.
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Katherine Alteneder is Co-Director of the Alaska Court
System's Family Law Self-Help Center.
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