CIVIL LEGAL NEEDS OF CRIMINAL DEFENDANTS
Across California, thousands of residents face civil legal challenges involving essential needs, such as housing, access to healthcare, and issues around child custody and visitation. Such challenges can be further compounded for individuals involved in the criminal justice system. The socioeconomic realities of public defender clients often mean they are at greater risk of experiencing civil justice gaps, making them a critically underserved population.
In fall 2024, the State Bar surveyed California public defenders to shed light on the intersection of civil legal needs and involvement in the criminal justice system. The survey was distributed to public defender contacts in all 58 counties.[1] Recipients were asked to fill out the survey if they were public defenders and to forward it to other public defenders within their offices. The State Bar received at least one response from 37 out of 58 counties. For 15 counties, more than one public defender participated in the survey; this resulted in 89 completed surveys.[2]
The findings discussed are not definitive but rather point to opportunities for further analysis to better understand the civil legal needs and barriers faced by public defender clients. Moreover, it is important to keep in mind that the results reflect public defenders’ perceptions and professional understanding of their clients’ civil legal needs and barriers to receiving legal help; a survey of criminal defendants might yield different insights. The findings below are intended as an exploratory first step in examining this understudied aspect of the justice gap.
Nearly 90 percent of public defenders reported that their clients experienced civil legal issues that substantially impacted their lives or the lives of others in their households.
Public defenders were asked to reflect on the clients they served throughout 2024, including those they were assisting at the time of the survey. They were asked: “Did your clients experience any civil legal issues during the time you represented them that, in your opinion, substantially impacted their lives or the lives of others in their household?” Most (88 percent) responded “Yes” to this question. Respondents who answered “Yes” were asked a series of follow-up questions. Key findings include:
- Nearly half (44 percent) of public defenders estimated that most of their clients had unmet civil legal needs that substantially affected their lives or the lives of others in their households.[3]
- The majority (59 percent) estimated that only a few of their clients sought help from a lawyer or legal professional for their civil legal problems.[4]
- The most common civil legal issues identified by public defenders as substantially affecting their clients were housing (71 percent), immigration (58 percent), and family law (48 percent).
Nearly all public defenders reported that their clients cited the high cost of legal services for not seeking legal help.
When asked what reasons their clients give for not seeking help from a lawyer or a legal professional for their civil legal problems, nearly all public defenders (96 percent) identify the high cost of legal services, and 84 percent pointed to clients’ lack of knowledge on how to find legal assistance. Additionally, nearly one-third of public defenders indicated that clients refrained from seeking legal help due to lack of time (32 percent) and fear of pursuing legal action (32 percent). See figure 21. Thirteen percent of public defenders selected the response option “Some other reason” and noted additional insights into why clients do not seek legal help from a lawyer or legal professional for their civil legal problems in an open-ended response.[5] Their insights include the following factors:
- Lack of awareness, such as not recognizing that they have a civil legal problem or that legal help is available;
- Personal barriers to accessing legal help, such as language barriers and disabilities;
- Limited availability of resources in their area;
- Feelings of being overwhelmed by their circumstances; and
- A lack of community support to guide or encourage them.
Figure 21. Reasons Criminal Defendants Do Not Seek Legal Help for Civil Legal Issues According to Public Defenders
Note: Survey respondents were asked, “What reasons do your clients give about why they don’t seek help from a lawyer or legal professional for their civil legal problems?”
Most public defenders reported directing their clients to legal aid organizations to seek help with their civil legal problems.
Most public defenders (84 percent) reported directing their clients to legal aid organizations for assistance with their civil legal problems. Nearly three-quarters (73 percent) directed their clients to self-help centers and 67 percent directed them to community-based organizations. Around 30 percent of public defenders also referred clients to legal helplines, online legal resources, and public county law libraries for assistance with their civil legal problems.
Public defenders offered unique insights into their clients’ civil legal needs, particularly surrounding areas of housing, immigration, and healthcare, noting a shortage of resources and legal aid services in some counties. Public defenders were asked to share additional insights or comments about their clients’ civil legal needs in an open-ended, free-response question.
- Housing instability is a recurring theme across multiple responses. Public defenders report clients facing eviction, inadequate housing conditions, and a general lack of affordable housing options. They reported that lack of sufficient legal aid services in many counties exacerbates this problem, leaving individuals ill-equipped to navigate complex housing laws and protect their rights.
- Access to immigration services is another critical area of need. Respondents describe clients struggling to find and afford legal representation for immigration-related matters.
- Difficulties accessing healthcare were also frequently mentioned.
- Many respondents emphasized insufficient resources and legal aid services to address these needs. One respondent describes their county as a “resource desert,” with limited access to legal and other essential services. Another noted that even pro bono clinics often turn away potential clients due to overwhelming demand.
CONCLUSION
The survey results, while exploratory, shed light on the often-overlooked problems faced by California criminal defendants. The vast majority of public defenders reported that their clients had civil legal needs that substantially affected their lives or the lives of others in their household and much of the need was unmet, with housing, immigration, and family law emerging as the most prevalent concerns. The results underscore the importance of public defenders not only addressing criminal cases but also being armed with robust and current information about civil legal resources to respond to their clients’ other significant needs.