One year later, Montana advocates celebrate protecting access to justice
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Last Thursday marked the one-year anniversary of a Montana Supreme Court decision ensuring equal access to justice, even for people who cannot afford court costs and fees.
The Montana Department of Justice requires a court to waive filing fees in civil cases for people who receive certain government benefits like SNAP, WIC and Medicaid.
Victoria Deschamps, plaintiff in Deschamps v. Montana 21st Judicial District Court, petitioned for a divorce in court and qualified for a waiver of the $200 filing fee, but it was denied by a lower court, which asked for more details on her finances, twice.
Amy Reavis, staff attorney for the Montana Legal Services Association, brought her case to the Montana Supreme Court and won.
"This makes it just a lot more uniform and a lot more fair to folks, especially low-income Montanans - that you don't just get to access the court if you can pay," Reavis explained. "Everybody gets to access court."
Reavis emphasized it matters in civil cases, which cover family law, eviction, people facing creditors in court and more. After the decision, she and others with the association traveled to 18 courts in eastern Montana to familiarize clerks with the waiver. She added they are planning more outreach this year.
Deschamps said navigating a court case was "daunting." She knows a lot of Montanans are struggling in ways she can relate to.
"There's people that are maybe stuck in bad situations, just because they didn't get the help that they deserve," Deschamps observed. "People are willing to help you, so don't be afraid to ask for help."
In a given year between 2016 and 2021, nearly one quarter of Montana households, about 120,000 families, received at least one form of income-based public assistance, according to a Headwaters Foundation report.
