IN A PARTICIPATORY democracy, it is essential that citizens have faith in their institutions. A judiciary that is seen as fair and independent is an important component in sustaining their trust and confidence. In the early days of the nation, the drafters of the U.S. Constitution debated how best to guarantee a transparent court process and a judiciary free of political manipulation in which those accused of crimes would be given a fair trial with proper legal representation. Their discussions resulted in the Bill of Rights, the first 10 amendments to the Constitution, being adopted in 1791. The Sixth Amendment states:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

Living up to this ideal is a challenge. It requires the involvement of many people, including educators, legislators, legal professionals, and ordinary citizens. Efforts to guarantee "equal justice for all" take many forms within the U.S. legal system. This journal describes several aspects of the ongoing process of ensuring legal protections and educating citizens of their rights and responsibilities.

American Bar Association President Robert J. Grey provides an overview of the U.S. commitment to equal access to the legal system for all citizens. Access to the courts has been redefined by court decisions to become more inclusive, going beyond the right of the poor to legal counsel to include special provisions for minors and the disabled. Mr. Grey also describes the ABA's efforts in the United States and abroad to improve access to the courts and strengthen democracies around the world.

Andrew A. Guy, a practicing attorney in Washington State and chair of the Washington State Bar Association's Pro Bono and Legal Aid Committee, describes the various systems for ensuring that the poor have fair representation in court. For those accused of serious crimes, there are court-appointed attorneys, contract attorneys, and public defenders. But even when the poor need help in civil matters, there are a number of options available. Bar associations, special interest attorneys, and private law firms work together to ensure that the poor have proper representation.

Professor Peter A. Joy discusses clinical legal education programs that enable law students to provide legal assistance to persons and groups too poor to hire lawyers. Working under the supervision of law professors or other lawyers in their communities, law school clinic students learn how to practice law and solve client problems while providing access to the courts for those in need. These programs are growing in popularity because they provide practical training for students as well as needed services for citizens without resources. Professor Joy also describes efforts to set up similar programs throughout the world.

When there are problems with a system, it's important to acknowledge the issues and take steps to affect changes. Shira Goodman and Lynn Marks from the nongovernmental organization Pennsylvanians for Modern Courts describe their organization's efforts to work in coalitions with citizens, bar associations, and the state legislature to improve and reform the Pennsylvania court system.

Washington File writer Darlisa Crawford interviews Georgetown University Law Professor Richard Roe about his work in the Street Law program, which encourages individuals from all walks of life to become involved in civic legal programs. Professor Roe has taught Street Law to children, the homeless, inmates, and many other groups in the United States and around the world.

The Editors