New guidance from NCSC on civil fee waivers to improve court access
Access to justice should not depend on a person’s ability to pay. Yet for many court users, filing fees and other litigation costs can create significant barriers to resolving matters involving family, housing, personal safety, and financial stability.
The National Center for State Court’s “Civil Fee Waivers: National Trends and Best Practices” offers practical guidance to help courts strengthen and modernize their civil fee waiver processes by examining how state courts determine eligibility for waivers, what documentation applicants must provide, and who has the authority to approve requests. The report also highlights best practices for fee waiver administration that make the process more accessible and efficient.
“People come to courthouses to address issues that have a significant impact on their lives,” said Hannah Makowske, an NCSC access to justice consultant. “Fee waivers ensure that the justice system is available to everyone who needs it.”
The report identifies several practices that can improve the experience of both court users and court staff. These include providing clear information about court costs and available fee waivers, using plain language in forms and instructions, streamlining the application process, developing consistent tools for evaluating a person’s ability to pay, and explaining court users’ options when a fee waiver request is denied.
These recommendations align with NCSC’s strategic agenda priority of supporting fair and impartial courts. By ensuring that eligible individuals can request fee waivers through a transparent, understandable, and consistent process, courts can improve public trust while advancing the fundamental principle of equal access to justice.
Explore the NCSC report and article, Removing Financial Barriers to Court Participation, for additional examples and implementation strategies (www.ncsc.org/ resources-courts/removing-financial-bar riers-court-participation). Together, these resources provide a roadmap for making civil justice more accessible for everyone.
SBM encourages confirming contact information
All Michigan attorneys are required to keep a current email address and physical address on file with the State Bar of Michigan.
Updating contact information is important as fall approaches so that attorneys receive important updates regarding license renewal, which will open after Labor Day.
To confirm contact information, attorneys should first log into the Member Area at michbar.org/MemberArea. Under the Profile heading, click “Manage” to check and/or edit contact information.
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