In a recent episode of the “Talk Justice” podcast by the Legal Services Corporation (LSC), the Honorable Nathan L. Hecht, the 27th Chief Justice of the Supreme Court of Texas, shared his profound perspectives on access to justice. LSC President Ron Flagg engaged in a compelling conversation with Justice Hecht, who retired at the end of 2024 after an extraordinary tenure on the bench. Hecht’s career is marked by his distinction as the Longest Serving Supreme Court Justice in the history of the Texas Supreme Court, offering him a unique vantage point on the evolution of the justice system and the persistent challenges in ensuring equal access for all.
A Distinguished Career on the Texas Supreme Court
Nathan Hecht’s journey on the Texas Supreme Court began with his first election in 1988. His commitment to public service and legal expertise led to his appointment as Chief Justice by Governor Rick Perry in 2013. Throughout his career, culminating in his retirement in 2024, Justice Hecht not only became the longest serving supreme court justice in Texas history but also earned recognition as a member of the esteemed American Academy of Arts and Sciences. Further underscoring his national influence, he served as President of the Conference of Chief Justices, demonstrating his leadership within the broader judicial landscape.
Early Recognition of the Access to Justice Gap
Justice Hecht recounted that even early in his tenure, the Supreme Court of Texas recognized the pressing need to improve access to justice. He vividly recalled a pivotal all-day hearing in the late 1990s dedicated to examining the state of access to justice, not only in Texas but across the entire United States. This concentrated exposure to the realities of individuals struggling within the legal system had a profound impact on him. As Hecht stated, “Of course, it was deplorable [to hear] all of this in a concentrated version. You couldn’t come away from that without thinking to yourself, ‘you know, I don’t want to spend my years working as a judge over a justice system that’s doing anything but justice.’” This experience solidified his commitment to addressing the systemic barriers preventing many from receiving fair legal representation.
Deepening Involvement with the Texas Access to Justice Commission
The early 2000s marked a significant step forward with the establishment of the Texas Access to Justice Commission. Justice Hecht became deeply involved, serving as the Supreme Court’s liaison to both the Commission and the Texas Access to Justice Foundation. This role allowed him to immerse himself in the intricacies of the issue, working to bridge the gap between those in need of legal assistance and the resources available. His commitment grew from an early awareness to active participation in shaping solutions.
Championing Non-Partisan Support for Legal Aid
Drawing upon his understanding of the Legal Services Corporation’s history and the bipartisan support for legal services at the federal level, Justice Hecht recognized the critical need to establish similar non-partisan efforts in Texas. Despite being a Republican himself, he observed early on that some conservatives viewed government investment in legal aid with skepticism, sometimes politicizing the issue. Hecht astutely argued for a more balanced and rational perspective. “The truth of the matter was, if you looked at it evenly and reasonably, everybody should support [access to justice] because it’s about the promise of law,” Hecht emphasized. He effectively framed access to justice not as a partisan issue, but as a fundamental principle of the legal system that benefits all members of society.
The Stark Reality of Unrepresented Litigants in Courts
Justice Hecht highlighted the staggering statistics that underscore the urgency of improving access to justice. Referencing recent data, he noted that approximately 30,000 state court judges across the United States handled an estimated 69 million cases in 2023. Of these, around 20 million were civil cases. Alarmingly, in 75% of those civil cases, at least one party, or often both, lacked legal representation. To illustrate the disadvantage faced by those without lawyers, Hecht drew a compelling parallel to healthcare: “Hecht explains that this can be thought of as similar to medicine—the same way it is unwise for people to attempt to care for their own medical needs instead of seeing a doctor, a person with a legal problem greatly benefits from access to the expertise of a lawyer.” This analogy effectively conveys the complexity of the legal system and the vital role of legal professionals.
The Systemic Strain of Unrepresented Parties
Beyond the individual challenges faced by pro se litigants, Justice Hecht explained the broader systemic impact on the courts themselves. “From the structural side of it, it’s just very difficult for courts to function without the assistance of lawyers in the courtroom handling the papers, filing the papers, getting people to hearings, getting the case presented,” Hecht stated. He elaborated on how the absence of legal representation slows down court processes, leading to docket congestion and backlogs. When judges must guide individuals unfamiliar with legal procedures, the entire system becomes less efficient and effective, hindering the delivery of timely justice.
Post-Pandemic Opportunities for Systemic Improvement
Looking towards the future, Justice Hecht expressed excitement about the potential for positive change within the court system. He believes that the systemic changes prompted by the focus on access to justice, coupled with the adaptations forced by the pandemic, have created a unique opportunity. He observed a shift in court culture, fostering a greater openness to innovation and a willingness to explore new approaches to improve efficiency and accessibility. “It’s exciting to think that we’re moving towards a better system that’ll work better,” Hecht remarked. He further suggested that the COVID-19 pandemic has had a more profound and potentially transformative effect on the American justice system compared to those in many other countries, offering a chance to build a more effective and equitable legal framework.
Conclusion: A Legacy Focused on Justice for All
Justice Nathan L. Hecht’s reflections on the “Talk Justice” podcast provide valuable insights into the ongoing efforts to enhance access to justice. His distinguished career as the longest serving supreme court justice in Texas history lends significant weight to his observations and perspectives. His commitment to ensuring that the justice system lives up to its name, providing justice for all, remains a crucial message. Listeners interested in delving deeper into Justice Hecht’s thoughts and the broader conversation on access to justice can access the full episode of “Talk Justice” on various platforms, including available online and on Spotify, YouTube, and Apple Podcasts.
