Will Mississippi Become the First State to Mandate Pro Bono?
This will remain an open question for some time . . . we began our coverage of the debate over the adoption of mandatory pro bono in Mississippi back in September. The Clarion Ledger reported this week that the state’s Supreme Court Rule’s Committee is still considering the proposal that would require lawyers to complete 20 pro bono hours annually or in lieu of that service contribute $500 to the state bar for legal services programs. 
The need for increased access to legal services is clear – “one in five Mississippians lives in poverty” and “many of [the state’s] poorest residents lack knowledge of the legal system and/or the financial resources to secure legal help.”
The majority of lawyers in the state (that have voiced their opinion) are opposed to the adoption of such a requirement. The former chief-of-staff to Governor Kirk Fordice, attorney Mark Garriga, categorized the adoption as a separation of powers issue:
“[i]t’s nothing more than a tax on 6,000 people (lawyers)” and the judicial branch does not have authority to impose a tax.
Sandy Middleton, the Executive Director of the Center for Violence Prevention in Pearl, Mississippi, while acknowledging the need for more lawyers to assist victims of domestic violence is still opposed to mandatory pro bono because she fears “if [lawyers] are forced to do it, they may not give their all in cases.”
While the Rules Committee continues to deliberate, the Mississippi Volunteer Lawyers Project (MVLP) has established Advancing Justice, Restoring Hope. This annual campaign aims to raise $50,000 to:
Increase the number of volunteer lawyers statewide, Boost the number of legal clinics to match volunteer lawyers with pro bono clients, Ensure small fees do not impede legal actions, Provide outreach, and Support operations.
What do you think? Should Mississippi (and other states for that matter) adopt mandatory pro bono requirements?
