By: Steve Grumm

Happy Friday, dear readers.  I’ve largely tuned out of non-legal news coverage this week.  The weather in DC – no humidity and plenty of sun – has been awfully seductive.  And things around the office have kept me occupied.  But one of my favorite weekly rituals is to rise around 4:30 on Friday mornings to enjoy the quiet predawn, go for a run, and catch up on news I’ve missed.  It’s a sort of relaxing beginning to the end of the week. 

So having looked at the news, the two big political items have been the presidential race taking form – both in terms of fundraising and messaging – and of course the Wisconsin recall election.  I do not underestimate how difficult and divisive are the times in which we live.  Pressures in the economy, the workplace, and the home will pull at our social fabric.  But it has still surprised me to see Wisconsinites so bitterly divided over the past several months.  (In my view, the recall’s real outcome has less to do with Gov. Walker retaining his post and more to do with the cloud of long-term uncertainty looming over unions.)

As for the recall itself, what a weird bit of business.  While dozens of local and state officials have been recalled throughout U.S. history, only two governors have.  Of course the infamous one that everybody remembers is the……1921 recall of Gov. Lynn Frazier of N. Dakota.  He was a popular guy but the agricultural economy went south and he got booted.  Then there was that other one from America’s beautiful, wondrous loony bin – California.  In that one The Terminator ousted Gray Davis to save Cal-eeee-for-knee-yaa from itself.

Oh, and speaking of California, it’s June and they’re still playing hockey in Los Angeles to determine the NHL’s Stanley Cup winner.  June.  Los Angeles.  C’mon now.  Shorten up the playoffs, NHL.

I’ll segue into public interest news with news of the broader legal economy.  NALP just put out employment data for the graduating law school class of 2011.  Not rosy.  View some data points and analysis here.  Two items worth highlighting:

• The overall employment rate for this cohort was 85.6%, which is the lowest since 1994.  But more alarming is this: [O]f those graduates for whom employment was known, only 65.4% obtained a job for which bar passage is required. This figure has fallen over 9 percentage points just since 2008—when it was 74.7%—and is the lowest percentage NALP has ever measured.

• The figures in the public service arena have been relatively static.  But one must remember that the greater number of law-school funded “fellowships” and bridge programs which place grads in public service positions factors into these data.  And this report measures the percentage of grads going into different types of jobs, not how many jobs there are all told.  Anecdotally we’ve all seen cuts in public service jobs.

Okay, this week in short:

• Florida’s high court hears arguments about whether overly burdened public defenders can limit caseloads;
• the CBS law department’s successful, wide-ranging pro bono program;
• IOLTA disbursement in the Hawkeye State;
• county budgets & weighty criminal dockets & prosecutorial discretion – it’s a tough mixture;
• NALP research shows that public interest lawyers took greater advantage of clinical programs while in school, relative to law firm attorneys;
• DOJ promotes AtJ on the international stage;
• some long-form reporting on LSC’s funding history;
• great legal services funding news from the Empire State;
• Oklahoma City School of Law put DOJ anti-domestic-violence funds to use;
• an Illinois attorney license fee bump will benefit legal services providers;
• foundation funding to support public interest scholarship programs at U. of Minnesota Law;
• huzzah, Illinois Legal Aid Online!;
• discussion of the NY 50-hour pro bono rule continues.
• BONUS MUSICAL TREAT! for those who read all the way to the bottom.  Or just see this and scroll to the bottom.  It’s a loophole.

The summaries:

• 6.7.12 – from the Miami Herald: “Grappling with whether poor people are getting adequate representation, the Florida Supreme Court heard arguments Thursday about whether the Miami-Dade County public defender’s office should be able to decline to take cases because of overwork. The dispute raises constitutional questions about the quality of representation provided to criminal defendants and the relationship between the courts system and the Legislature. Attorney General Pam Bondi’s office and a statewide group of prosecutors have fought the Miami-Dade public defender’s attempts to decline to take certain types of felony cases.”
  • More coverage from the Associated Press.
  • And here’s a Tampa Bay Times editorial published before the arguments. “What’s needed are objective workload standards for public defenders that set manageable limits. Florida’s high court should allow public defender offices to decline new appointments when caseloads exceed reasonable limits, pushing the Legislature to provide the necessary resources. A new workload study will soon be conducted through the Florida Public Defender Association with money appropriated in 2012 by the Legislature.  In the meantime, the justices have a responsibility to ensure that public defenders are not so overwhelmed that poor defendants receive an attorney in name only.
  • And a little more from the Orlando Sentinel. 

• 6.7.12 – here’s an informative interview with the CBS Law Department’s bigwigs about their corporate pro bono program, which was started in 2006 and has since grown considerably in breadth and depth.  (From the Metropolitan Corporate Counsel.)

• 6.7.12 – the Iowa Supreme Court has made IOLTA fund disbursements, splitting $232,000 among 14 organizations.  (Short story from KCRG.)

  

• 6.7.12 – here’s an interesting piece that highlights how concerns of budgeting and efficiency affect county criminal justice systems.  A recent report out of Yakima, WA is critical of the county prosecutor’s policy of taking so many cases to trial.  Fully 82% of the county’s general funds have been going to courts and law enforcement.  The report also dismissed the idea of doing away with the county’s public defense program, noting that mix of full-time defenders and assigned counsel seems to work efficiently in Yakima.  (Story from the Yakima Herald-Republic.)
  • The reason you got a picture of Yakima atop this week’s bulletin is because I spent some time there before law school.  Some of my fondest hiking memories involve hiking the Cascade foothills in Eastern Washington. 

   

• 6.6.12 – “Law firm leaders have made it clear in recent years that they want to hire “practice-ready” associates, but government and public interest lawyers are more likely than associates to take advantage of clinics and other so-called experiential learning while in law school.  A survey of lawyers in a variety of jobs conducted by NALP…reached that conclusion regarding clinics, externships, practical skills courses and pro bono work.  Nearly 56 percent of the responding public-service attorneys said they had participated in a clinic during law school, compared to slightly more than 30 percent of law firm associates.”  Full story from the National Law Journal.

• 6.6.12 – DOJ is promoting AtJ on the international stage.  From the Dep’t. of Justice’s blog: “Recognizing that criminal legal aid – or indigent defense – “is an essential element of a fair, humane and efficient criminal justice system that is based on the rule of law,” the United Nations Commission on Crime Prevention and Criminal Justice (the UN Crime Commission) adopted the first international principles and guidelines on indigent defense at its recently concluded 21^st session.  The United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems affirm the importance of legal aid at all stages of the criminal justice system.”  The U.S. was one of the cosponsors pushing this initiative through.  

• 6.6.12 – here’s a thoroughly reported article exploring the up-and-down history of LSC funding, including look at how much of a political football LSC has become in spite of its straightforward mission to advocate for those on society’s margins: “At first glance, it appears that the LSC’s current budget is marginally higher than it was in 1981: a total of $348 million in this fiscal year versus $321 million back then. But this comparison fails to take into account either inflation or the increasing number of people who are eligible for services. Even if the number of those eligible for services had remained constant, Congress would have had to appropriate $812 million this year to account for inflation over the past three decades.  In view of the fact that the number of people eligible for LSC-funded services had, by 2010, grown to more than 60 million from just under 43 million, the inflation-adjusted and eligible-population equivalent to 1981 services would require a budget of at least $1.1 billion (in fact, the LSC estimates, an additional 5 million people have been eligible for services since 2010, which would mean that a 1981-equivalent budget would need to be in excess of $1.2 billion). Thus, that ostensible 8 percent increase over 31 years represents in real terms a cut of between 69 and 71 percent.”  (Full story on the Remapping Debate website.)

• 6.6.12 – some great legal services funding news from the Empire State: “Nonprofit groups that provide free civil legal services to low-income people in New York have received twice the state funding they were awarded last year, state court administrators said.  At the request of Chief Judge Jonathan Lippman, state lawmakers this year doubled to $25 million total funding for the programs, court administrators announced on Tuesday. The programs have lost millions of dollars in federal and local funding over the last few years.”  (Story from Thomson Reuters.)

• 6.6.12 – great use of DOJ funds by the Oklahoma City School of Law: “The Native American Legal Resource Center (NALRC) housed at Oklahoma City University School of Law, in partnership with the Apache Tribe of Oklahoma, is using a $450,000 grant from the Grants to Indian Tribal Governments Program to assist victims of sexual assault in southwest Oklahoma.  The law school received the grant from the Department of Justice’s Office on Violence Against Women.  With the grant funds, Sexual Assault Nurse Examiner (SANE) examination equipment has been purchased and placed in hospitals in Caddo, Grady, Jefferson and Stephens counties to assist law enforcement with the collection of evidence in sexual assault cases.  Previously, victims would have to travel hours to be examined by a sexual assault nurse.”  Full announcement from OKC School of Law. 

• 6.6.12 – an attorney license fee increase in Illinois may not rub every member of the bar the right way, but it will generate desperately needed funding for legal services providers: “Attorneys will now have to pay an additional $53 a year to practice law in Illinois…. The state high court this week announced the rule change…. Under the amended rule that took effective Tuesday, the annual attorney registration fee jumped from $289 to $342. The court has earmarked the $53 hike for The Lawyers Trust Fund of Illinois (LTF), a nonprofit foundation that awards grants to some of the state’s civil legal aid providers…. The Lawyers Trust Fund has been hit hard in recent years as the tough economy has forced banks to reduce the amount of interest they pay out on pooled trust funds. The court said in its press release that in 2008, LTF received about $17 million in interest from the trust accounts it administers, but expects to get only about $2.7 million this year.”  (Story from the Madison Record.)

• 6.5.12 – some great news for the U. of Minnesota’s Law School’s public interest students: “The University of Minnesota Law School has established a public-interest scholarship program with a $3.5 million donation from the Robina Foundation. The school announced the gift on June 4, saying the program will assist students interested in public-interest law careers from the time they enroll to when they enter the job market. The Robina Public Interest Scholars Program will combine elements of existing programs at other law schools into one, including scholarships; financial support for summer public-interest projects and post-graduate fellowships at public interest organizations; and loan repayment assistance.”  (Story from the National Law Journal.) 

• 6.4.12 – kudos to Illinois Legal Aid Online: “A decade ago a small group of Chicago attorneys mapped out plans on a bar napkin to deliver Internet-based legal services to the poor. Today, 2.5 million people access Illinois Legal Aid Online’s statewide websites, mobile apps and community-based self-help centers when a lawyer is out of reach.”  (Read more via the Skokie Review.)

• 6.2.12 -and how could I go a full week without mentioning the New York 50 pro bono hour rule?  Last week the New York Times solicited reader input on about the rule’s propriety and effectiveness.  Sentiment was most favorable toward the rule, but some interesting points were made on both side.  Check it out here. 

If you’re made it to the bottom of this week’s rather robust – if not meandering – bulletin, you deserve a treat.  Here’s a song from punk rock outfit Bouncing Souls that speaks to me about staying true to my principles as a public interest lawyer.