By: Steve Grumm

Greetings, dear readers.  We’ll get to the news bulletin after we deal with the make-it-or-break-it contest tonight between the Glorious Philadelphia Phillies Baseball Franchise and the nefarious Cardinals of St. Louis.  I’m not prone to hyperbole, but this is Luke against Darth, Holmes against Moriarty, and Chief Brody against Jaws all rolled into one.  Turns out I am prone to hyperbole.  Game 5 takes place this evening.  I trust that all of our regular readers (all four of you) will don Phillies regalia and wave the rally towels in a show of solidarity with your author.  Go Phils!

What’s new in the public interest world this week?  The towering announcement, of course, came right from us, when we congratulated the law-student winner of the 2011 PSLawNet Pro Bono Publico Award.  Also this week: a protracted union battle involving LA County prosecutors; an NY judge ponders an AmeriCorps-like program for recent law grads to represent indigent clients; a Civil Gideon in the Badger State(?); funding cuts threaten prosecutors and defenders in The OC; defenders in Riverside County are faring a little better; Montana’s new(ish) indigent defense program is searching for a new head honcho; and a look at the need for legal services among the increasing numbers of poor people in New York.

• 10.7.11 – a development in a nasty, ongoing battle between unionized Los Angeles County prosecutors and the local district attorney.  From the Contra Costa Times: “The union representing Los Angeles County prosecutors took a big round this week in its battle with District Attorney Steve Cooley, with a tentative settlement granting it a permanent injunction and $575,000 in penalties. The deal calls for the county to pay $125,000 to the Association for Deputy District Attorneys and $450,000 to Deputy District Attorney Marc Debbaudt, who had alleged retaliation for his union activities. The settlement, still subject to Board of Supervisors’ approval, also made permanent a temporary court injunction ordering Cooley to refrain from harassing or intimidating ADDA members based on their union membership. Cooley and the ADDA have been at odds since the union was formed three years ago, resulting in numerous administrative and legal battles.”  I am a friend of organized labor. But, man, a union full of lawyers can’t be easy to deal with.

• 10.5.11 – an AmeriCorps-like program for recently graduated civil legal services attorneys(?).  The Albany Times-Union reports that one New York jurist is thinking outside the box about how to narrow a widening justice gap in light of large numbers of un- or underemployed law grads.  Judge Michael Coccoma offered, “…'[W]hen I hear that an increasing number of recent law school students are unable to find jobs, I ask myself, why can’t we develop funding streams and programs which would provide an opportunity for these attorneys, who are eager to put their skills to work in a public-service program, providing legal services for the poor?’.  Coccoma suggested that in exchange for a two- or three-year commitment in that type of program, the new lawyers could receive a reduction in their student loan. He compared it to AmeriCorps programs which enables college graduates entering health care fields to get assistance with their tuition.”  My reaction to such a proposal is mixed. 

• 10.5.11 – the cheeseheads ponder a civil Gideon.  From the State Bar of Wisconsin: “The Wisconsin Supreme Court held a public hearing on a rules petition that would create a right to publicly funded counsel for indigent litigants in certain civil cases.  The court took no immediate action following the public hearing yesterday (Oct. 4), but may take the petition up again on Oct. 17 at a previously scheduled open administrative conference.  The concept advanced by the petition…would provide that in certain civil actions, an indigent litigant would have an attorney appointed at public expense when needed to protect the litigant’s rights to ‘basic human needs, including sustenance, shelter, clothing, heat, medical care, safety and child custody and placement.’ The petition was filed in September 2010 by attorney John F. Ebbott, the executive director of Legal Action of Wisconsin (LAW). Ebbott presented the petition to the court at the public hearing, supported by many other professionals in the legal aid community. 

• 10.5.11 – in California, funding cuts threaten Orange County prosecutors and public defenders.  The Voice of Orange County reports that the district attorney (along with the sheriff) pressed the county board of supervisors not to go through with cuts.  A day before the Orange County Register covered the impact of cuts on the public defense program: “The County of Orange will be forced to pay for private attorneys to represent indigent defendants after the Board of Supervisors agreed to make $29.5 million in emergency budget cuts Tuesday, including laying off seven public defenders. The public defender says the cuts will cripple its ability to perform its constitutionally mandated duties.”   

• 10.4.11 – the Riverside County PD’s office is faring better than its OC counterpart.  As we noted in the Bulletin a couple of weeks ago, the Riverside County public defender’s office was trying to get legislators to cancel a 5% budget cut.  Success!  From the Valley News:  “Riverside County Public Defender Gary Windom’s request for an additional $1.4 million to close a gap in his budget and keep current positions filled was approved today by the Board of Supervisors.  Without comment, the board voted 4-0 … to make the appropriation, without which an investigator position and 18 clerical and technical jobs would have been in jeopardy. In June, Windom told the board that a 5 percent cut in general fund appropriations for the Office of the Public Defender would strain the agency’s resources and lead to delays in moving cases through the courts.”

• 10.3.11 – help wanted in the Treasure State!  Montana is running a nationwide search for a new chief public defender.  From the Billings Gazette: “The four-year-old system provides legal representation to people accused of crimes who can’t afford attorneys. Its first chief, Randi Hood, resigned four weeks ago, saying she wanted to leave her administrative post and continue work in the courtroom as a public defender. Montana overhauled its system for defending the poor in court in response to a lawsuit by the ACLU, which alleged that the old system run by the counties provided unequal treatment for indigent defendants across the state. The system has a $23 million budget this year and about 200 full-time positions. Its headquarters are in Butte.”

• 9.30.11 – a short WNYC article highlights the need to bolster funding for legal services funding at a time when more and more New Yorkers are eligible for, and in need of, legal services.  It references chief judge Jonathan Lippman’s present and past efforts to shore up funding in hard times.  (The article botches a statement about how, on the federal level, Senate and House appropriations committees have both recommended 2 budget cuts to the Legal Services Corporation.  In fact the House committee wants to axe 26% of LSC’s congressional funding.)

by Kristen Pavón

The Guardian published a thought-provoking article asking what people really mean by “access to justice” in light of the proposed 60% budget cut for the U.K.’s publicly funded law.

The author, Job Robins, asks whether “access to justice” is a noble aspiration or a load of meaningless tosh. He went straight to leading lawyers, thinkers and campaigners for answers.

Ultimately, he found that the definition of access to justice has changed since the 1970s.

In the 1970s, [Italian jurist Mauro] Cappelletti directed a research project funded by the Ford Foundation on “access to justice in modern societies” and which led to a four-volume series (called, you guessed it, Access to Justice). Cappelletti once said: “The right of effective ‘access to justice’ has emerged with the new social rights. Indeed, it is of paramount importance … Effective access to justice can be seen as the most basic requirement, the most basic human right, of a system which purports to guarantee legal rights.”

However, James Sandbach, the social policy officer for Citizens Advice Bureau, told Robins that the “prevailing philosophy is one of self-help and personal responsibility” rather than representing low-income individuals through legal aid. This philosophy would help explain the types of legal aid reforms currently being proposed in the U.K.

The main theme Robins seems to have found among the responses he received is that although legal redress is of paramount importance, legal advice is never at the top of the public’s priorities. It’s only important when you’re already in trouble and your rights are in jeopardy.

Read the whole article here.

Interesting. Do we, in the U.S., have a more unified understanding of what we mean by “access to justice”? Thoughts?

Chattanooga Neighborhood Enterprise (CNE) is looking for a policy research intern for Summer 2012. CNE is a non-profit housing organization that was founded to provide all Chattanoogans the opportunity to live in decent, fit and affordable housing and, in the process, eliminate substandard housing in Chattanooga.

CNE’s mission is to build and sustain livable neighborhoods by providing home ownership counseling, providing affordable loans, working in partnership with like-missioned organizations and encouraging neighborhood engagement.

CNE’s intern will conduct essential, in-depth research regarding all kinds of pressing home-ownership and tenancy issues, including landlord tax delinquency, government designated revitalization areas, land banking and abandoned housing, CRA credits/partnerships with banks, comprehensive neighborhood revitalization strategies, and neighborhood revitalization strategies that relate to a specific complementary field (e.g. the Promise Neighborhood program as a way to improve education through neighborhoods).

If you’re committed to affordable housing issues and will be in Chattanooga, Tennessee, learn how to apply at PSLawNet!

We’re delighted to announce that Felicia Cantrell, a 3L at the Sandra Day O’Connor College of Law at Arizona State University, has been recognized as the 2011 PSLawNet Pro Bono Publico Award winner!

Felicia, a third-year law student, is described as a leader, change-maker and fearless optimist when it comes to her zealous advocacy against sex trafficking. As a 1L, Felicia founded the student organization, 13 – Advocacy Against Sex Trafficking (13 being the average age of child sex workers in the U.S.). As a result of her leadership, the group has collaborated with various organizations and has facilitated victim advocate trainings and educational programming for hundreds of law students, attorneys, judges, social workers, teachers and the public-at-large. Additionally, Felicia and the more than 100 students who make up Felicia’s organization volunteer their time to providing legal assistance and screening for domestic violence and human trafficking situations at a local clinic.  Currently, Felicia is representing abuse victims in civil legal matters as a student-attorney with the law school’s Family Protection Legal Clinic. She plans on becoming a prosecutor of sex crimes and hopes to found a human trafficking law school clinic.

We will be delighted to honor in person Felicia during NALP’s 2011 Public Service Mini-Conference in Washington, DC.

We also extend our congratulations to this year’s Pro Bono Publico Award runner-up and those who received honorable mention.  It is truly heartening to see so many talented law students doing such tremendous work to help those on society’s margins.  Read our announcement to learn more about the entire slate of honorees.

By: Steve Grumm

The Albany Times-Union reports on one jurist thinking outside the box about addressing the justice gap:

That was the recommendation of one of New York’s top judges Monday in his testimony to the Task Force to Expand Access to Civil Legal Services, which was formed to address the issue. Michael Coccoma, the deputy administrative chief judge for counties outside New York City, suggested the panel consider the graduates as he urged “new ideas” during a hearing at the Court of Appeals.

“For example, when I hear that an increasing number of recent law school students are unable to find jobs, I ask myself, why can’t we develop funding streams and programs which would provide an opportunity for these attorneys, who are eager to put their skills to work in a public-service program, providing legal services for the poor?” Coccoma asked.

Coccoma suggested that in exchange for a two- or three-year commitment in that type of program, the new lawyers could receive a reduction in their student loan. He compared it to AmeriCorps programs which enables college graduates entering health care fields to get assistance with their tuition.

Hmmm.  I have profoundly mixed feelings on this issue.  On the one hand, it’s undeniable that there are signficant numbers of un- or underemployed law grads.  And there is certainly a need for more advocates for low-income people with legal problems.  But, civil legal services lawyers are already the lowest paid public interest lawyers.  The problem of low salaries has plagued legal services organizations for years.  I can appreciate how a program structured like AmeriCorps or Teach for America would be term-limited.  Thus you’re not dealing with the same problem of underpaying permanent employees.  Still, it gives me pause.

by Kristen Pavón

At a rules hearing in Wisconsin, more than two dozen legal professionals told the Supreme Court that they support a rule change requiring circuit court judges to appoint lawyers in some civil cases in which basic human needs were at stake.

This suggestion comes after the realization that pro se programs and legal aid organizations are just not enough.

Opposition to the idea is rooted in its unknown costs.

“The costs are unknown and could be huge,” said David Callender of the Wisconsin Counties Association. “The argument is always that it saves money on the back end. But we just don’t know.”

People have dubbed the idea — Civil Gideon — after the landmark case Gideon v. Wainwright, which established a poor defendant’s right to a free lawyer in a criminal cases.

There is still a lot of skepticism about how the program would work and if it would be worthwhile.

Get more details here.

My guess is that it would work the same way the public defender program does. Some states have tried similar programs. Do you know more about these programs?

What do you think about Civil Gideon? A workable solution?

by Kristen Pavón

An article in U.S. News and World Report has some great advice for getting into the non-profit world, especially if you’re looking to transition into it from the corporate arena.

Some of the advice, we’ve already heard — network, meet people who work in the field you’re trying to break into and stay up-to-date on non-profit news.

However, there are a couple of pointers that you may have never thought of before!

Become a “slasher.” (e.g. sales rep/literacy mentor). This could play out in two ways. Slashing can help you transition from your current field into a non-profit job. If that’s your target, Alboher suggests you hold onto your day job while you dip into the nonprofit world on the side (using the suggestions below). By taking the slash approach, you’ll be able to continue earning a living and simultaneously build skills and relationships to help you transition to the non-profit sector. Keep in mind, you may earn less in a new non-profit job, so your financial plan may include saving some money while you are planning your career change.

On the other hand, you may wish to create a permanent “slash” career, where you have one foot each planted in both the for-profit and non-profit worlds. Either way, follow the advice below and carefully carve out time for each of the sides of your “slash.”

Consult. Take on a consulting project for a nonprofit as a way to showcase your skills. If you choose to work for free, make sure you’re building relationships, knowledge, or something else to help you as you try to find a paying job. Non-profits appreciate and seek employees who are passionate about their missions, so it makes sense to identify issues and organizations you may want to work with for the long term.

Remember, you can always find non-profit legal career resources at PSLawNet!

Read more here.

Mental Health Legal Advisors Committee (MHLAC) is looking for a deserving law school student with a demonstrated commitment to mental health advocacy to serve as a Summer 2012 Edward F. Hennessey Fellow.

MHLAC an independent state agency of the Massachusetts Supreme Judicial Court. Its mission is to help children and adults with mental disabilities by providing advice and direct legal representation.

MHLAC covers a wide range of legal issues in areas that include access to services, treatment, custody and visitation, guardianship, insurance, education, housing and inpatient and institutional rights.

If you’re interested, check out the listing at PSLawNet!

by Kristen Pavón

I’ve been a bit quiet on the Internets today, and here’s why!

Fortune’s Most Powerful WomenVirtual Summit 2011 (you can still register) is going on today and tomorrow, and there are lots of great interviews and sessions with incredible women leaders.

I listened in on a session called “Your Network for Social Good” with Gerri Elliott, Executive Vice President and Chief Sales Officer of Juniper; Cheryl Fields Tyler, board member for Not for Sale; and Alyse Nelson, co-founder, president and CEO of Vital Voices Global Partnership.

The panelists focused on how technology can further non-profits’ missions and take their efforts to another level.

Here are a few of my notes from the program:

1. The online social network has become important for businesses in general but the person-to-person network is still important and should not be neglected.

2. Technology has allowed non-profits to give the community tools for education (the example that was given was Not for Sale’s online SlaveryMap that shows users where in the world reports of trafficking have occurred).

3. Technology and social media have created a global network that enables users to learn best practices from other users across the world.

4. Non-profits are just beginning to scratch the surface in terms integrating technology into their goals and missions.

How are legal-related non-profits using technology? I want to know!

by Kristen Pavón

If you are a staff attorney/law clerk/intern for a legal services organization or public interest law firm, you know that interviewing clients is an important part of what you do. It’s a critical skill that can always use honing.

I came across a great interviewing tip sheet focused on interviewing low-income clients in my inbox and thought it could be helpful for you!

Here are a few of the highlights:

1. Be Prepared

Have copies of all forms your client may need to fill out or take home with them. Find out ahead of time whether they anticipate coming to the office with anyone and make adjustments (ex. kids, relatives). If there are special parking arrangements, make sure you let the client know.

2. Introductions

Start with small talk. This may be the first time your client is in a law office and a) may be nervous and b) may not know what’s going to happen next. Also, depending on your practice area, the client’s issues may be emotionally trying for them — so ease them into it.

3. Lay out the Agenda

First, explain your role in his or her case (direct representation, no relationship just yet, intern, etc.). Next, give the client a roadmap of how the meeting will go so they know what to expect — you’ll ask them to tell you why he or she came in, explain that you’ll occasionally jot down notes, you’ll interrupt him or her with more specific questions, etc. Also, talk about confidentiality.

4. Start with open-ended questions.

This allows you to get a lot of information right at the beginning and you can choose what issues to focus on next.

5. Listen!

Actively listen. Give the clients nonverbal and verbal cues that you’re listening and you understand what they’re saying.

6. Follow-up.

Make sure you clarify any lingering issues. You want a full picture of what’s going on.

7. Summarize.

Before you let the client go, summarize the information they’ve given you to make sure you’ve gotten the whole story.

8. Is there anything else?

Ask this question. Always. You never know.

9. Future Communication

Talk to the client about how you will communicate with them — email, phone, work phone, etc. Also, set up your next date, time and place for next contact.

For more helpful tips about interviewing, check out this great slideshow from the Legal Aid Association of California.

What are your tried-and-true interviewing tips?