By Chief Justice P. Scott Neville, Jr.
Sixty-five years ago, Congress made May 1 Law Day to honor the rule of law. Every year, the American Bar Association picks a theme. This year’s theme is “The Rule of Law and the American Dream.”
The rule of law upholds the American Dream by ensuring access to legal assistance. But many people end up in court without a lawyer, not by choice but due to circumstances. This places them at a disadvantage, as lawyers bring the skills and structure needed to present facts, explain issues, and apply the law.
Our legal system relies on trained advocates. When only one side has a lawyer, or when neither side does, the system may not work as it should. The United States Supreme Court has recognized the central role of legal representation, “The right to counsel is the foundation for our adversary system.” This is often mentioned in criminal cases, but it extends with the same force to civil cases.
Indeed, appearing in court alone puts the American Dream at risk. As Justice Thurgood Marshall once said, “Mere access to the courthouse doors does not by itself assure a proper functioning of the adversary process.”
The Illinois Supreme Court is addressing this gap by, among many initiatives, designing strategies to expand the availability of lawyers in communities with too few lawyers, advancing remote access to court hearings, simplifying legal procedures, and revamping rules on mediation and arbitration to resolve disputes more efficiently.
Yet another effort involves Illinois Free Legal Answers, a virtual legal advice clinic where volunteer lawyers answer civil online legal questions for low-income Illinoisans. (For information about the online clinic, visit https://il.freelegalanswers.org/.)
And our Commission on Access to Justice has been leading efforts to remove barriers that prevent people from using the courts in a meaningful way.
In criminal cases, where the stakes are highest, Illinois has strengthened representation for people accused of crimes with consistent standards and support across the state under the Funded Advocacy and Independent Representation Act (FAIR Act), which established a statewide Office of the State Public Defender.
This effort requires coordination across all three branches of government. The legislature created the framework, the executive branch supports its operation, and the Illinois Supreme Court is helping guide its development. Work is underway to line up funding, structure, and operations for the Office of the State Public Defender’s launch on January 1, 2027.
When people have access to a lawyer, they can be heard and their case can be fully presented. That is how the rule of law endures. That is how the American Dream endures. Nothing else will do.