By: Steve Grumm

Happy Friday Wednesday, dear readers, from a dreary Washington, DC.  I did quite a bit of grumbling before arriving at the office this morning.  A car running through a puddle splashed me but good while I was jogging.  And at 8am I still didn’t manage to beat the last-minute food rush at the super market.  But now, here I sit with coffee, a bagel, and some quiet.  “Hell is breakfast with other people” is a humorous variation on a quote from John Paul Sartre.  And this morning, a quiet breakfast is perfect.  But as Thanksgiving approaches, I eagerly look forward to sharing a table and a meal with others.  Between the people who inhabit my life, the comforts I enjoy, and the work I do, I have much to be thankful for.  And I will try hard amidst the food and the football (yay!) and the minor holiday stresses to keep feelings of gratitude at the fore.  I hope that you will do the same.  Happy Thanksgiving.   

But you’re not here for sappy rumination.  This is what we’ve got:

• a restrictive cy pres decision from the 9th Circuit Court of Appeals;
• troubles plaguing Michigan’s indigent defense system;
• public defender’s office in Sonoma County, CA feeling $ strains;
• Defense Department to kick a little funding toward pro bono programs for service-members;
• speaking of service-members, this veteran who joined a DA’s office isn’t, well, human;
• LSC cut to hit the Pennsylvania Legal Action Network hard;
• ditto for the two Wisconsin LSC grantees;
• ditto ditto in Virginia;
• A law graduate work program in Utah will have students offering “low bono” services.

This week:

• 11.21.11 – cy pres news from the 9th Circuit Court of Appeals, coming down against an award that would have gone (in part) to the Legal Aid Foundation of Los Angeles (LAFLA).  From the Recorder: “The Ninth Circuit U.S. Court of Appeals on Monday rejected a class action settlement that called for AOL Inc. to give $110,000 to random charities, sending a message that courts should be more careful in doling out money under the cy pres doctrine.  A unanimous panel said the charities had nothing to do with the plaintiffs’ email privacy claims and that too much money was being funneled to Los Angeles groups, despite a class spread out across the country. And the court expressed skepticism about whether judges or mediators should make recommendations on how large sums of money get paid out when the money doesn’t go to the class members.”  

• 11.21.11 – Michigan’s indigent defense system has been foundering.  This is the gist of a Michigan Public Radio story looking at the much-maligned, county-by-county public defense framework in the Great Lake State.  A 2008 report from the National Legal Aid & Defender Association found that the quality of indigent representation varies greatly from county to county, and that overall the state ranks 44th in total indigent defense funding.  In the report’s wake, the ACLU of Michigan has filed a lawsuit to improve the system, and the governor formed a commission to find solutions.

• 11.21.11 – public defense funding woes in Sonoma County, CA.  From the Press-Democrat: “The recession has increased demand in Sonoma County for court-appointed lawyers at a time when the public defender’s office is short-handed.  Retirements and a round of layoffs have reduced the number of lawyers available to serve indigent clients to the lowest level in years. The office is down to 27 lawyers and 18 support staff representing clients in criminal, civil and juvenile courtrooms.  At the same time, caseloads have spiked. Attorneys made 115,000 court appearances in fiscal 2009-2010 compared to about 71,000 appearances a decade earlier.  This month’s loss of two attorney positions through budget cuts forced Public Defender John Abrahams to suspend misdemeanor court coverage and focus on more serious felony cases.” 

• 11.21.11 – good news for service-members who need legal services.  From the National Law Journal: “The U.S. Senate this week is expected to vote on a measure that would help fund programs that provide pro bono legal services to active military personnel. The amendment was introduced by sens. Herb Kohl (D-Wis.) and Lindsey Graham (R-S.C.)… The amendment would allow the Defense Department to designate up to $500,000 of its $184 billion fiscal year 2011 operation and maintenance budget for programs similar to those set up by the ABA and the Thomas M. Cooley Law School in Michigan.”  $500,000 isn’t exactly a huge chunk of change in the larger appropriations scheme, but it’s signifies a recognition that service-members can be hamstrung when confronted with legal problems on the home-front.

• 11.20.11 – speaking of service-mmebers, a veteran of operations in Afghanistan has recently returned to the U.S. and taken up a post in a local D.A.’s office.  Nothing terribly newsworthy about this, right?  Well the veteran, Andy, isn’t a person.  Andy’s a pooch.  When Assistant District Attorney Jason Beato – who is human -joined the DeKalb County (Georgia) prosecutor’s office after service in the Army, he brought with him Andy, a bomb detection dog whom Beato had adopted when Andy’s primary handler was injured.  Of Andy’s service abroad, Beato says, “For all practical purposes he [was] a team member—he just can’t talk and that’s about it—and he sheds a lot more.”  Andy will likely go to work in the D.A.’s office doing courthouse security work – and probably boosting morale along the way.  good story. Read more in the blog post from the Champion Newspaper.  

• 11.20.11 – “Legal aid: The need is there, so should the funding” is the verb-deficient title of an otherwise well-intentioned editorial from the Patriot-News in the Glorious Commonwealth of Pennsylvania.  The editorial laments the recent LSC cut coming on top of legal services funding cuts on the state level: “The Pennsylvania Legal Aid Network expects a $2 million cut in federal funding plus frozen allocations, and funding cuts on the state level during past years have put the organization close to what the appropriation was in 1976…. Legal Aid predicts the funding imbalance means another 10 percent staffing cut, and this is after the service already is at bare bones. It also could mean closing at least two offices statewide.”

• 11.19.11 –  the circumstances are similar in Wisconsin. Both Badger State LSC grantees (Wisconsin Judicare and Legal Action of Wisconsin) are bracing for LSC funding cut’s impact.  This will come on top of a complete loss of state funding.  From the Capital Times in Madison: “The 2011-13 state budget cuts, which took effect this year, stripped Judicare of $350,000 per year in funding, about 17.5 percent of last year’s budget, and cut about $1.3 million a year in revenue for Legal Action. The federal cuts will strip $176,000 more from Judicare’s budget, and $540,000 from Legal Action’s.”

• 11.18.11 – the LSC cut will impact the Virginia Legal Aid Society to the tune of about 7% of its budget, or $180,000.  According the VLAS executive director David Neumeyer (as quoted in the Suffolk News Herald), “Keeping up with the demand for our services is already a huge challenge, and now with this cut I’m afraid we’ll have to turn away even more people who have nowhere else to turn…. This loss of funding will mean we cannot increase capacity and will need to start reducing staff size in 2012 if we do not bring in significant new income,” he said. “Private giving, like donations, foundations and United Ways, are the only hope we have of making up part of the loss, because government funding will not increase for the foreseeable future.”

• 11.18.11 – the University of Utah’s S.J. Quinney College of Law is launching a program through which recent grads will provide legal services to moderate-income clients.  From the Salt Lake City Tribune:  “The…new University Law Group is intended to expand the availability of legal services and service-learning opportunities, according to law dean Hiram Chodosh.”  This is a variation of the law school “bridge” programs which provide work-experience opportunities for recent grads who face a tough employment market.