Happy Seis de Mayo, dear readers!  This is the day when many Cinco de Mayo revelers reflect, remorsefully, on just how easy it is to drink margaritas on a nice Spring day.  Your PSLawNet Blog permitted himself no such indulgences, however, as he scrambled to produce this week’s News Bulletin after having spent the first half of the week hiking in the Grand Canyon and driving throughout rural California and Arizona, of which there is much.  But that’s not why you’re here.  Without further ado…

This week: Indiana University law students pitch in to help taxpayers in need; the head of the Pro Bono Institute argues for allowing in-house lawyers to more easily do pro bono; New York Chief Judge Jonathan Lippman wants to bolster the state’s indigent defense system; a new plan in LA courts to help low-income individuals facing evictions; the Press of Atlantic City worries about the Garden State’s legal services infrastructure; public interest contributions by Charlotte College of Law students; Alabama law students and lawyers rally to assist tornado victims; the importance of better salaries for Wisconsin prosecutors.

• 5.3.11 – April 15th–err, April 18th–meant a little bit more to some this year.  In Indiana, the IU Newsroom reports that there are some low-income, elderly, disabled, and limited-English speaking residents who are appreciative of the efforts of 29 students at Indiana University Maurer School of Law.  The students volunteered 230 hours of their time to aid in filing 63 tax returns.  The students participated in the VITA (Volunteer Income Tax Assistance) program, and thus were trained and certified by the IRS.  Participants estimated the refunds to be “many thousands of dollars.”

• 5.2.11 – In the National Law Journal this week, Esther Lardent contends that corporate lawyers should be allowed to provide pro bono services, unsupervised, in states where they work, even if not admitted there.   Many state rules allow in-house attorneys licensed in another jurisdiction to work for an employer-client, but do not allow those same attorneys to provide pro bono legal services.  Lardent argues that states that expressly  permit nonlocally admitted attorneys to undertake pro bono often handcuff them with restrictions that are “unnecessary, insulting and unjustifiable in the face of the crisis in access to justice.”   There are beacons of hope found in some states’ exceptions.   Recently, Colorado and Virginia changed rules for in-house pro bono work by removing problematic obstacles.  Perhaps other states will follow? Until then, we’ll need to keep thinking creatively to fill the widening gap between the legal needs of the low-income and disenfranchised and the assistance available.

• 5.2.11 – In New York, Judge Jonathan Lippman calls state’s routine failure to provide lawyers for poor criminal defendants being arraigned in local courts a problem that cannot be tolerated any longer. The New York Times reports about Judge Lippman’s speech at the State Court of Appeals, in which he cited that too many New Yorkers were needlessly spending nights in jail after appearing without legal counsel at criminal arraignments in small-town and village courthouses.  He vowed that the state would spend $10 million in an effort to improve the availability of legal defense provided to the poor. Acknowledging the ambitious timeline, Judge Lippman said that within a year he hoped to make it rare for criminal defendants to lack counsel at their first court appearances.  After all, we claim to be living in a modern, principled society governed by the rule of law.  Judge Lippman, a longtime favorite of the PSLawNet Blog for his advocacy on the civil legal aid front, seems to be concerned that such a society is actually realized.

• 5.2.11 – from the LA Times, we learn that a quartet of legal services providers is collaborating to bolster services to low-income persons facing evictions: “Thousands of residents in Los Angeles’ poorest neighborhoods will get new legal help in fighting high-stakes eviction cases involving slumlords and foreclosures under a pilot project approved by the state’s judicial leaders Friday.  The new Eviction Legal Assistance Center at Los Angeles County Superior Court’s downtown civil courthouse will provide legal representation to about 15,000 people facing eviction over three years, according to legal aid groups, which will be jointly running the center.”  The Inner City Law Center, Legal Aid Foundation of Los Angeles (LAFLA), Neighborhood Legal Services, and Public Counsel are joining forces to staff the new project.

• 5.2.11 – sobered by a recent report from Legal Services of New Jersey, the editorial board of the Press of Atlantic City (AC, by the way: great HBO show, great Springsteen song, lousy town) wonders whether slashing government funding for legal services may do more harm than good: “Even the most rabid of the budget-cutters, deficit hawks and don’t-dare-raise-my-taxes crowd must, at some point, think about what kind of nation we are creating” if budget cutting results in the poor being unable to meaningfully access the justice system.  The LSNJ report, released late last month, is indeed sobering.  And as the PofAC editorial notes, at a time of increased client need, LSNJ has been forced to downsize from 720 staff members to 490 in less than three years.  

• 5.2.11 – as we noted in a blog post earlier this week, the Charlotte Observer reports on pro bono and public interest work at the Charlotte College of Law: “Students must perform at least 20 hours of free legal work….  Since the for-profit school opened in 2006, students have performed 27,000 pro bono hours. Under supervision of lawyers, they’ve provided legal assistance to immigrants, the elderly, an entrepreneur program at Central Piedmont Community College and helped nearly 450 buyers of Beazer-built homes file claims from the company’s $50 million restitution fund.  With externships and internships, Charlotte Law students have donated 40,000 hours of legal service.

• 5.2.11 – the National Law Journal reports that advocates from all corners of Alabama’s legal community are coming together to offer pro bono services to victims of last week’s storms.  Those groups which have rolled up their sleeves include the Alabama State Bar, the Alabama Association for Justice, law firms, and the Univ. of Alabama School of Law.  Roll pro bono tide.  (Here’s a little more from the School of Law about a pro bono partnership they’ve forged with the state bar to aid tornado victims: “Disaster Relief Assistance Project will provide free legal services both on-site at local area aid centers and at the law clinic programs office at the University of Alabama School of Law…. Legal advice will be provided concerning public benefits and programs, insurance claims and processes, housing rights, and other civil matters related to the storm and the displacement that resulted from it.”)

• May, 2011 – Wisconsin State Bar president Jim Boll makes the case for adequately funding prosecutors’ offices and boosting prosecutor salaries so that the state can retain talented, experienced lawyers: “District attorneys (DAs) face significant challenges as their offices around the state continue to be inadequately staffed and underfunded…. A 2007 report issued by the Wisconsin Legislative Audit Bureau showed that prosecutor positions have been cut while prosecutors’ workload has continued to rise, forcing them to spend less time on each case or even to choose which offenses to prosecute…. Further exacerbating the problem is the lack of pay progression, which leads to high turnover and very few mid-level prosecutors…. Thus, DA offices are staffed by a small number of highly experienced attorneys and a large number of recently hired attorneys, with nearly no one in the middle…. The governor has taken a step in the right direction in his proposed biennial state budget by providing $1 million annually to increase retention of experienced assistant DAs in each year of the biennium. However, for the criminal justice system to function effectively the state must be willing to fund all the essential parts of the system.”