Public Interest News Bulletin – February 12, 2010

Reminder: all content from past editions of the Bulletin is archived here on PSLawNet.

  • 2.11.10 – Press Release from Office of Washington State Attorney General Rob McKenna – using proceeds from a court settlement stemming from an unfair-lending-practices lawsuit against Countrywide Financial, the attorney general will direct $1.8 million to restitution, debt counseling, and other support services for Washington homeowners.  Of that $1.8 million, $320,000 will go to the Washington State Bar Association “to fund the Home Foreclosure Legal Aid Project, which provides pro bono legal services to homeowners facing foreclosure.”  Link to full press release
  • 2.11.10 – National Law Journal – the presiding judge of the Los Angeles County Superior Court warned that 300 staffers may have to be laid off in March on account of a $79 million deficit.  More layoffs could follow later in the year.  The president of the L.A. County Bar Association is arguing in favor of releasing funds from a construction bond account to shore up the court system, predicting long trial delays and a backlog if staffers are laid off.  Link to article.
  • 2.10.10 – Boston Globe (Op-ed) – newly elected U.S. Senator Scott Brown (R., MA) was incorrect when he stated that “federal employees are making twice as much as their private sector counterparts” while he argued for a freeze on federal hiring and pay raises.  First, comparing salaries generally between the public and private sectors is misleading because there are no low-paying, minimum wage jobs in the public sector, and federal workers tend to be older and better educated than their private sector counterparts.  Further, “[d]irect comparisons show professionals in government routinely make far less than their private sector counterparts.”  Second, shrinking the federal workforce is an ill-considered proposal.  “The unintended result of such [hiring] freezes is to leave a federal workforce that is wildly uneven in its capabilities.”    Link to article.
  • 2.9.10 – Minneapolis Star-Tribune – in an act of recession-era fiscal belt-tightening, Minnesota governor Tim Pawlenty unilaterally “unalloted” $2.7 billion in state funding that had been budgeted to support various initiatives, including social services programs.  A Ramsey County judge had put the kibosh on the governor’s efforts, ruling that his move violated the constitutional separation of powers.  The governor, with support from three law professors, will take his case to the state’s high court in March.  Link to article.  [Ed. Note: this sequence of events exemplifies the tension between state (and local) governments’ efforts to right their own foundering fiscal ships while continuing to offer a social safety net for increased numbers of poor citizens.  As was reported on the MinnPost news site in late January, another target of unallotment was the state’s General Assistance Medical Care program.  After the Legal Aid Society of Minneapolis threatened a lawsuit, the state postponed the program’s discontinuation.]
  • 2.9.10 – Hartford Courant [Op-ed] – Connecticut’s legal services programs have been walloped by a drop in IOLTA revenues and declines in other funding sources.  Now, the state judiciary, an initial supporter of state funding to shore up the legal aid infrastructure, “has proposed diverting $1.5 million of funds that were appropriated for legal aid to the poor to help cover a rescission of $7.8 million in the judicial budget.  The governor, General Assembly and judicial branch must find a way to ensure this $1.5 million reaches legal aid. Legal aid staff members have responded to the crisis with heart. Faced with pay cuts and uncertainty, they continue to fight for thousands of domestic violence victims, elderly people pressured by creditors, low-wage workers not being paid, disabled children seeking an education, disabled people seeking state and federal benefits.”  Link to piece.
  • 2.9.10 – Baltimore Sun – the recent snowstorms in the mid-Atlantic have left more than snowdrifts piling up.  In Baltimore, and in counties throughout Maryland, court closures are clogging up the criminal justice system as hearings and trials back up while some defendants spend additional nights in jail until they can get to a judge for a bail hearing.  While some prosecutors and defense attorneys are doing all they can to keep up with trial prep, judges and court personnel must weigh a number of factors in making decisions on closures, including the ability of witnesses and jurors to safely travel to courthouses.  Link to article
  • 2.9.10 – Vicksburg Post (Mississippi) – in Warren County, a proposal to create a public defender’s office has met with support from the local district attorney, who cited potential cost savings as the county would have to contract with fewer appointed counsel for indigent defendants.  Also, a consultant hired by the county to review its jail capacity noted that a public defender’s office may be able to expedite cases and keep more defendants out of jail, easing the burden on the jail facility.  Link to article.
  • 2.9.10 – National Law Journal –  Harvard Law School’s newly created Public Service Venture Fund will support graduates on public service career paths by dividing “$1 million per year among qualified graduates who start their own nonprofit organizations or seek jobs at government agencies or public interest groups.”  The addition of this program is one of a series of modifications that Harvard has made in its offerings to support aspiring public service lawyers.  The school has added a fellowship program to financially support grads who were unable to find work and who desired to work for one year in a public interest setting, and, due to budget constraints, it has temporarily done away with an initiative to waive third-year tuition for students who commit to five years of public service work upon graduation.  Link to article, and see Harvard’s announcement
  • 2.8.10 – WSBT Television Station Website [CBS Affiliate in Indiana] – in April the Michigan Supreme Court will hear arguments in a case brought by the American Civil Liberties Union on behalf of indigent defendants whose constitutional rights, the ACLU claims, have been violated because of Michigan’s poor indigent defense infrastructure.  Through the lawsuit, the ACLU “asks the state to step in and fix the problem: to make sure each county provides the funding, policies, and oversight so every defendant gets justice.”  Link to article.  [Ed Note: past coverage related to apparent troubles in the Michigan indigent defense network is available via the National Law Journal and the Michigan Citizen.]
  • 2.8.10 – San Jose Mercury News (California)- the Santa Clara County District Attorney, who had appeared to direct her staff to take action amounting to a full boycott of a judge on criminal matters last month, has softened her stance a bit, indicating that it will not oppose the judge’s participation in some misdemeanor criminal proceedings.  The D.A.’s decision to boycott the Judge Andrea Bryan, which came after Bryan had ruled that a prosecutor from the D.A.’s office committed misconduct, was highly controversial in the local legal community.  Link to article.   [Ed. Note: past coverage by the San Jose Mercury News is available here.]
  • 2.8.10 – Daily Record (Jacksonville, FL) – the Northeast Florida Medical Legal Partnership, one of a handful of advocacy programs that take a more holistic approach to serving low-income client communities, is expanding its services with the addition of Holland & Knight, LLP as a new organizational partner.  Link to article.