Abstract
The importance of trauma-informed practices has never been greater. In the United States, most of the population has experienced at least one traumatic event in their life. Experiencing a traumatic event may have long-lasting impacts on physical health, including disruption to all major system functioning. Mental health impacts may include behavior changes, memory challenges, inability to complete routine tasks, difficulty with interpersonal relationships, and other symptoms associated with Post Traumatic Stress Disorder. Extant literature examines the association between past trauma experiences and later interactions with the civil justice system, including litigant conceptualizations of legal system engagement as a traumatic event in and of itself. While the prevalence of traumatic experiences is staggering, there are practices that legal service providers can implement to mitigate the effects of trauma and the risk of retraumatization. Additionally, these trauma-informed and trauma-responsive practices have been shown to help lessen the effects that "trauma exposure response"—the impact from working with those in trauma—have on the practitioner.
A unique reality of service provision in legal vacuums is the dual geographic and social proximity of providers to the communities that they serve. We intentionally use the term legal vacuum in lieu of legal desert because "desert" connotes a naturally occurring environment, whereas absence of legal help should not be considered natural. This is true for service providers in both rural areas, generally, and in large states with remote areas, in particular. Scholarship-activism at this intersection of human need and legal power emphasizes the importance of place-conscious advocacy that centers rural communities' understandings of and existing practices for problem-resolution; as rural communities know well, rural needs require rural- and community-responsive services. In recognition of the convergent ways that trauma, legal vacuums, and community harm are replicated by place-based forms of power, this piece provides a roadmap for advancing "power-conscious legal work," or legal problem-solving that is grounded in linked values of trust, community accountability, and trauma-informed practices.
In examining the intersecting harms that are navigated by legal practitioners, we can understand trauma-informed practices and place-based notions of accountability as service benefits—not labor burdens—to the work of all service providers. By centering rural, Native, and historically marginalized notions of power, this Article looks to Alaska as a source for deep reflection on how the U.S. legal profession might advance access to justice for rural communities through concrete forms of power- and place-conscious work. Reflecting on our own work to advance community-accountable legal empowerment initiatives, we join fellow innovators in reimagining the place and potential of justice-making everywhere.
Citation
Cayley Balser & Antonio M. Coronado,
Power-Conscious Legal Work: Building a Roadmap
for Rural Access to Justice Through Trust,
Accountability, & Trauma-Informed Practices,
41 Alaska Law Review
145-187
(2024)
Available at: https://scholarship.law.duke.edu/alr/vol41/iss1/7