Philadelphia Bar Association Chancellor Marc Zucker issued the following statement commending Pennsylvania Governor Josh Shapiro and the Pennsylvania General Assembly for enacting measures last week that will expand the Commonwealth's Clean Slate structure, provide a right to counsel and other reforms of guardianship laws and fund indigent defense at the state level for the first time in Pennsylvania history.
"We are gratified that Governor Shapiro and the General Assembly, led by Speaker of the House Joanna McClinton and Senate President Pro Tempore Kim Ward, have enacted these three measures, all of which were top legislative priorities of our Association this year," Zucker said. "All of these initiatives were bipartisan efforts that increase access to justice and level the playing field for our clients.
"The latest expansion of the Commonwealth's innovative Clean Slate Law, encompassing certain non-violent felonies for the first time as 37 other states already do, will make it easier for former offenders who have turned their lives around to access housing, education and employment opportunities more easily, integrate back into the community and become more productive members of society.
"The reform of the state's guardianship law will create a uniform structure guaranteeing the appointment of counsel for allegedly incapacitated persons before their personal liberty, autonomy and decision-making control can be shifted to a court-appointed guardian. In the past, whether such counsel was appointed would depend on the county in which the proceeding was filed. The new law also requires clear and convincing evidence to establish the need for a guardian and to prove that less restrictive alternatives would not suffice, and it requires criminal background checks and other safeguards to avoid exploitation. These changes are critical for older adults, in particular, to maintain their agency and dignity and to avoid abuse while also receiving the support that they need. Our association passed a resolution last year in support of this legislation and has actively pressed for it, together with the Senior Law Center and other legal service organizations.
"Finally, the fiscal code signed by Gov. Shapiro provides $7.5 million to fund indigent defense in Pennsylvania, the first dedicated funding in the history of the Commonwealth. In March, in conjunction with the 60th anniversary of Gideon v. Wainwright, our association convened the leaders of all three branches of government, together with thought leaders and other experts, to explore potential reform of our criminal and civil justice systems in order to expand access to justice for the most vulnerable Pennsylvanians. The lack of uniformity of funding for public defenders was one of the primary concerns raised at the symposium, and we are gratified by this important and historic step forward. We stand ready to continue our critical role as convener and advocate to provide guidance for future reforms."
