Understanding civil legal representation for low-income Texans

AUSTIN (Nexstar) — When Kayla Muzquiz got out of the Texas foster care system, she didn't know where to start, and didn't have the money to hire a lawyer for help to navigate the transition.

Muzquiz's mom died in a 2005 car accident. She found herself in foster care at 11 years old. Getting out of the system proved to be another hurdle for Muzquiz, and she didn't have the financial tools or legal literacy to navigate the transition from foster care to adulthood.

It's why advocates want to see more funding for legal aid, to help low-income Americans get in touch with free services to help with their civil cases. For Muzquiz, this journey started when she was trying to regain possession of critical documents from the state, like her Social Security card and birth certificate.

While all citizens have the constitutional right to legal representation when being charged with a crime that could result in imprisonment, there is no automatic right to legal representation in non-criminal cases in most states. However, there are numerous free and affordable options available for representation in such situations.

"It's almost like you're starting out homeless, as soon as you leave foster care," Muzquiz said. "Because I had four Social Security cards ordered while I was in foster care. That wasn't me losing my Social Security information. That was the state losing [that] paperwork."

Muzquiz said she likely would not have been able to go to college and find her independence, if it weren't for the free legal aid she received from the Texas RioGrande Legal Aid's foster youth assistance program.

"A lot of people experience feeling alone. But sometimes foster youth, they kind of just feel forgotten," Muzquiz said. "So it's really nice to work with people who are lawyers and don't forget about you."

Advocacy for more federal funding of legal aid

Texas Supreme Court Chief Justice Nathan Hecht is leading the charge in expanding civil legal representation access for low-income Texans. He testified on Capitol Hill Tuesday to advocate for reducing the so-called justice gap.

"The justice gap is what we've come to call the difference between the need for basic civil legal services, and the accessibility by people who have limited financial means," Hecht told Nexstar. "So on the one hand, there's a huge need for these services. On the other hand, they can't get them because they don't have any money."

Legal aid organizations in Texas support more than 120,000 families in need annually with their civil cases.

"That's the whole promise that it's got to be equal, that you're not going to be denied justice because you can't afford it," Hecht said. "In the criminal system, everybody, all defendants are provided a lawyer. That's just not true on the civil side."

Most legal aid organizations require recipients to have a household income level below 125% of the federal poverty Guidelines, according to TexasLawHelp.org. Pre-tax household income level and the number of people residing in a singular household are determining factors for this percentage. 

Texas ranks 47th on the Justice Index, which assesses access to legal representation, self-representation, language assistance, disability support, and issues related to fines, fees, and consumer debt lawsuits. Hecht said having a lawyer to navigate civil issues can make all the difference for low-income families.

"A lot of the problems are simple for lawyers," Hecht said. "But they're like climbing a mountain for the person involved."

Hecht told Nexstar that more than 100,000 family court cases proceed without legal representation annually, highlighting a significant gap in access to legal support which he has been working to address for decades since getting appointed to the Texas Supreme Court in 1988. He emphasized the importance of this as a bipartisan effort.

"So this is not about politics, this is about just trying to get the job done," Hecht said. "Is it getting worse? You know, it's just such a hill to climb. It's hard to say we're not making progress. Again, we have more people paying attention to it. More ways of addressing the issues than we've had in the past, but it just continues to be something we've got to focus on."

The Legal Services Corporation, a nonprofit organization providing civil legal aid, receives nearly $500 million annually in funding from the state of Texas. Hecht suggested that addressing the justice gap could involve increased funding and innovative approaches, such as utilizing AI for client assessments.

During his testimony in a Congressional Senate Committee hearing Tuesday, Hecht also suggested changes to legal education as a way to influence lawyers to provide legal aid.

"Legal aid lawyers can be recruited by offering special training in the law schools and licensing requirements," Hecht said. "So as to target legal aid practice, rather than just the general practice of law."

Last session, the Texas Legislature funded a request by the Supreme Court of Texas for $3.7 million, which would provide eligible children and young people in child welfare systems with basic civil legal services.