Montana Lawyer October/November 2025

Community Justice Workers: Utilizing the Boots on the Ground to Fill the Justice Gap MONIQUE VOIGT AND JAIN WALSH, MONTANA LEGAL SERVICE ASSOCIATION FOR YOUR REFERENCE

an attorney. Community Justice Workers do not “take work” from attorneys: instead, they work in a supportive role by pro viding basic assistance to individuals who otherwise cannot afford legal services, especially in rural areas where lawyers are scarce. They can help keep issues from escalating to the point where an attorney is required. In addition, their work would be restricted to providing basic legal assistance in defined areas. MLSA will help Community Justice Workers to identify and refer more complex legal matters to attorneys. MLSA has developed a curriculum to start a pilot program focused on training domestic and sexual violence casework ers to represent survivors in order of protection hearings in courts of limited jurisdiction. This program acknowledges the unique position domestic and sexual violence casework ers have in the judicial system. Caseworkers, also referred to within the law as advocates 8 , are not only regularly interacting with Montana’s courts in a supportive role for their clients, but they are trained to do so in a way that recognizes the trauma and impacts of abuse on the people that they serve. Domestic violence is not just a series of isolated incidents of aggression; it involves complex psychological and emotion al patterns of behavior, often driven by control and power dy namics. Caseworkers are trained to understand these dynam ics in depth. They are skilled in identifying the signs of abuse, recognizing patterns of manipulation, and understanding the psychological trauma that victims often face. Caseworkers are specifically trained to offer emotional support and guide victims through the legal process in a compassionate and empathetic manner. They can provide critical reassurance, help victims understand their rights, and give them the confi dence to move forward with their case. Caseworkers can also prepare victims for court by helping them stay focused on their safety and their long-term goals, offering them a sense of empowerment. One of the primary goals of orders of protection is to en hance the safety of individuals who are at risk of domestic vio lence. However, the mere issuance of an order is not always enough to ensure the victim’s safety. Abusers often violate these orders, and the process of enforcement is not always smooth. Caseworkers regularly play a crucial role in address ing this situation by providing victims with safety planning, monitoring compliance, and offering ongoing support. Expanding the role of trained and certified Caseworkers to include legal services will help many Montanans secure safety. There are several safeguards to ensure victims receive appro priate legal services. MLSA will work with select community partners to identify people who would be good candidates for a Community Justice Worker. MLSA will train and certify

In a recent petition (AF-11-0765) Montana Legal Services Association (MLSA) asked the Montana Supreme Court to adopt rules authorizing certified lay advocates to provide lim ited legal services in courts of limited jurisdiction. On October 1, 2025 the Court issued an Order allowing a 60-day public comment period on the proposal. This article is intended to provide readers with context and details of MLSA’s proposed Community Justice Worker project. There are simply not enough lawyers in Montana to meet people’s legal needs, and rural lawyers are overloaded. Studies routinely show that over 70% 1 of civil 2 and family law 3 cases have at least one party representing themselves, with over 90% of evictions 4 and debt-collection 5 cases involving an unrepre sented defendant. The Montana Access to Justice Commission estimates that 9 out of 10 low-income Montanans do not get any or enough legal assistance 6 . Because the typical Montana attorney charges an hourly rate of $200 or more and requires a retainer, many low or even moderate-income Montanans are unable to hire a private attorney, particularly if the issue they face involves financial distress or abuse. The inability to afford or find a lawyer leads to people ignoring their legal problem and not responding to legal actions filed against them or representing themselves when it is impossible to avoid going to court. These self-represented cases not only burden Montana Courts and clog dockets, but also devastate individual Montanans. MLSA hopes to address this issue by training lay advocates and implementing a Community Justice Worker project. Researchers have found that there is significant opportunity and demand for non-attorney advocates to provide legal ser vices, and the difference between non-attorney and attorney assistance is a straightforward choice for Montanans who may have few options but to navigate “a life-changing justice problem with no legal assistance at all, which is the situation many currently confront.” 7 Community Justice Workers are community members trained specifically to help low and moderate income people with their legal needs. Community Justice Workers can take on basic legal tasks which lawyers do not want and which civil legal aid lacks the resources to represent, helping to bridge the justice gap for vulnerable Montanans. For example, Community Justice Workers can be trained to handle several types of cases where legal aid currently provides the most rep resentation in Montana: public benefits representation, tenant representation in eviction cases, debt collection defense, and domestic and sexual violence protective orders. These cases are not sought after by members of the private bar, nor do the clients with these issues have money to pay for

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