By: Steve Grumm

Happy Friday, dear readers. From my perch at the NALP Global Headquarters I’m looking out at a gray-but-still-beautiful autumn morning.  Well, actually now I’m looking out at a trash truck picking up garbage from a restaurant.  So much of urban beauty is in the eye of the beholder.   

This week: LSC funding movement on the Hill (or in French: le Hill); how Virginia prosecutors and defenders are weathering funding challenges; speaking of, are layoffs coming to the Chicago PD’s office?; the lawyers representing “Occupy” protestors; DV funding for New Hampshire Legal Assistance; controversy surrounding a proposal to put caseload limits on Washington State defenders (story from the glorious city of Yakima, which I once called home). 

• 11.2.11 – our friends at the National Legal Aid & Defender Association offered a useful update about Legal Services Corp. appropriation developments in Congress: “Yesterday the Senate approved by a vote of 69 to 30 a package of three appropriations bills, including the Commerce, Justice and Science (CJS) appropriation bill for FY 2012.   The measure includes an appropriation for the Legal Services Corporation of $396.1 million for next year.  This amounts to a 2 percent cut from the current level of $404.2 million…”  Read on for discussion of how this may be reconciled with the much lower House LSC appropriation.
• The Wall Street Journal’s Law Blog opened up debate about the importance of funding LSC.  You can read the blog post and some commentary (which is pretty good by Internet standards) here.

• 11.1.11 – a piece in the Virginian-Pilot provides numbers on how Virginia prosecutors and PDs are handling funding challenges.  Some data points:
• “In Virginia, the State Compensation Board decreased the budgets for commonwealth’s attorneys statewide by 10 percent in 2010.”
• “Norfolk has lost five prosecutors since last July, dropping the number of attorneys from 44 to 39, Commonwealth’s Attorney Gregory Underwood said.”
• “Chesapeake Commonwealth’s Attorney Nancy Parr said in an email that she…lost two attorney positions, which she said she was able to do through attrition rather than layoffs.”
• “A handful of open positions in the Portsmouth Commonwealth’s Attorney’s Office have remained unfilled, prosecutor Earle C. Mobley said.”
• “Virginia Beach public defender Peter Legler said his office has gone several years without raises but has not lost any attorney positions.”

• 10.31.11 – layoffs among Chicago public defenders?  Quite possible.  From the Sun-Times: “Cook County Board President Toni Preckwinkle sent out the first wave of layoff notices Monday to roughly 100 employees under her authority, a spokesman said….The layoffs will hit a range of offices under her control, from the public defender’s office to the highway department….County Public Defender Abishi Cunningham didn’t have a precise count of workers in his office receiving notices today but said he hopes the county and the unions will work out a deal as they did before.  ‘We’re still negotiating,’ Cunningham said, adding that he initially thought he was going to have layoffs in his office at the start of this year but negotiations avoided that through furloughs.”

• 10.30.11 – a McClatchy piece looks at the role of lawyers assisting “Occupy” protestors throughout the country.  Noting that many protestors are running into legal entanglements, the piece goes on, “The resulting legal skirmishes have spurred the largest mobilization of pro bono protest attorneys since the anti-war movement of the 1960s and ’70s. ‘It’s probably bigger than the anti-war movement, because there are so many simultaneous demonstrations. I’ve never seen anything like it,’ said Carol Sobel, co-chair of the Mass Defense Committee of the National Lawyers Guild.  Some of the volunteer lawyers draft and file motions, or simply monitor the protests as legal observers. Some advise the activists on how to negotiate with city leaders. Others show up in court – usually on short notice – to represent jailed protesters at their initial court appearances.” 

• 10.29.11 – New Hampshire Legal Assistance received good funding news: the DOJ’s Office on Violence Against Women renewed a grant which allows NHLA to serve DV victims.  The Nashua Telegraph reports: “The grant, $540,000 over two years, is the prime funding source for the statewide program that offers civil legal services to low-income victims and survivors of domestic and sexual violence….”  It’s been a tumultuous funding year for NHLA (as has been the case with so many other programs), so this is certainly welcome news.  (Congrats, John and company!)

• 10.29.11 – the Yakima Herald-Republic reports on the controversy surrounding the Washington State Supeme Court’s consideration of a proposal to put upward limits on public defender caseloads:  “In an effort to make sure indigent clients are receiving adequate legal representation, the state Bar Association recently recommended limiting the number of cases public defenders can handle at any one time.”  The story focuses on arguments against the proposal by Washington cities, including Yakima, which don’t have a way to finance the costs that could attend the rule’s promulgation.  (Unsolicited autobiographical tidbit: I spent a post-college year volunteering with a legal services program in Yakima.  Such a wonderful, formative experience.  And I sure miss hiking the eastern Cascades.)