By: Steve Grumm

Hi, folks.  There is much news to cover in the access-to-justice, pro bono, and public interest arenas – including, of course, information about New York State’s newly implemented rule requiring 50 hours of pro bono service before getting licensed to practice.  Before that, a few other items that caught my attention this week: 

• as I mentioned in a previous bulletin edition, new data are out looking at poverty in the U.S.  Here, from the Census Bureau, is Poverty: 2010 and 2011 – American Community Survey Briefs. 
• nonprofit news: the Chronicle of Philanthropy reports on a Forbes study of wealthy charitable donors’ giving habits: “The richer a donor is, the less likely he or she is to make unrestricted gifts, a new study of the world’s wealthiest donors has found. Nearly 70 percent of donors with $1-million to $5-million in investable assets say they prefer to give unrestricted gifts to charity, while among those with assets of $50-million or more, just 45 percent say they prefer to make unrestricted gifts.”
• a report getting much attention this week was this one, from the New York Times, about collaborations between debt collection agencies and prosecutors’ offices through which the former issue notices to debtors on the latter’s letterhead. 

Okay, the public interest news in very brief:

• more legal aid funding from the national mortgage foreclosure fraud class-action settlement (MA and RI):
• Missouri public defenders about to implement new policies to limit caseloads;
• the legal aid community should use more research and data to make progress on the access-to-justice front;
• a new veterans initiative from 2 Florida legal services providers;
• an update on San Fran’s Neighborhood Prosecutor Initiative;
• details on NY’s new 50-hour pro bono requirement for admission to the bar;
• light on lawyers to help the poor in NW Texas;
• Contra Costa County prosecutors headed for the picket lines(?);
• rolling out the Ohio Veterans and Military Legal Assistance Project;
• trouble in Warren County, NY meeting new state indigent defense standards;
• educating nonprofit funders about legal aid’s importance;
• LSC has a new VP for grants management;
• call for proposals for the Equal Justice Conference’s law school pro bono pre-conference;
• more self-help legal centers in Illinois (keeping w/ a national trend);
• NorCal pro bono all-stars;
• public defenders should not post pictures of clients’ underwear (leopard-skin or otherwise) on the Facebooks;
• Harvard, Stanford, NYU, and Yale law schools get Ford Foundation funding to promote student public interest work;
• Super music bonus!

The summaries:

• 9.20.12 – some good legal-aid funding news out of New England, stemming from the national foreclosure fraud class-action settlement:
  • Rhode Island: “To assist low and middle income families facing foreclosure, Attorney General Peter Kilmartin today announced a two-year, $1.57 million grant to Rhode Island Legal Services (RILS) to fund the Foreclosure Prevention Project.  The Foreclosure Prevention Project grant is funded through the National Mortgage Settlement between the five largest mortgage service providers and attorneys general nationwide…. With the grant, RILS expects to help stop, prevent, or delay the foreclosure of approximately 1,800 homes each year.”  (Full article on LoanSafe website.) 
  • Massachusetts: “The Massachusetts Legal Assistance Corporation (MLAC) and the National Consumer Law Center (NCLC) are set to launch a two-year effort to give legal help to homeowners facing foreclosure or eviction.  The Borrower Representation Initiative is being funded by a $6 million grant from the Massachusetts Attorney General’s office.”  (Story from the Boston Business Journal.  And here’s more info from AG’s website.

 

• 9.20.12 – Missouri public defenders are about to implement new policies regarding caseload restrictions in order to alleviate pressures and increase quality of service to defendants.  Here is an interview with Cat Kelly, head of the statewide indigent defense program.  An excerpt of Ms. Kelly explaining forthcoming changes: “As of October, 17 district public defender offices serving 54 counties will be operating on limited availability — meaning they will be able to take cases during that month only up to their maximum allowable monthly caseload and then their doors will have to close.  Any remaining applications will have to go on a waiting list for defender services unless the judges choose to do something else with them — e.g. dispose of the cases without jail time (since the possibility of jail time is the constitutional trigger that requires appointment of counsel) or appointing private attorneys to handle the cases pro bono (without pay).  Another 10-12 offices are in line to do the same in the next month or two.  All but three public defender trial offices are significantly overloaded and those three (Moberly, Maryville, and Kirksville) are operating right at or just slightly over their capacity.” More coverage: 
  • 9.20.12 – a story from TV station KY3: The Missouri State Public Defenders office is bursting at the seams. It’s a problem that’s been brewing since the early 1990s.  Caseloads keep growing but staffing increases are not keeping up.   In 2008, the Public Defender Commission decided enough was enough.  It limited the number of cases each district could take as a way to deal with the growing overload.   The commission’s ability to impose such caps was tied up in litigation.  That changed in last July.  That’s when the Missouri Supreme Court decided judges cannot appoint public defenders to additional cases after they’ve reached their
  • 9.13.12 – “Boone and Callaway County attorneys who practice civil law found out yesterday they might be assigned criminal defense cases as soon as next month as the result of a new cap local public defenders are placing on their caseloads…. Thirteenth Judicial Circuit Presiding Judge Gary Oxenhandler [went on to say,] ‘Don’t think for a moment that somehow this crisis is the fault of the public defender. It is not. For the past 40 years, the public defender has been the savior of the private bar.”  (Story from the Columbia Tribune.)   

 

• 9.20.12 – the Pro Bono Institute’s Esther Lardent calls for increased use of statistical- and research-based processes in evaluating access-to-justice needs in the civil legal services community.  “All too often in the civil legal services and pro bono worlds we simply rely on our sense of what works and anecdotal information, rather than rigorous and evidence-based research on what strategies, fora, and approaches work best for which low-income clients. With so many low-income families facing foreclosure, can we identify with any degree of confidence and evidence of outcomes, which approaches – mediation, litigation, negotiation – work best for which types of homeowners? As the number of bankruptcies grows, have we analyzed the outcomes of these cases to identify the most effective steps and protocols? At a time when more and more people come to court without a lawyer, have we examined the different models of pro se/self-representation and their usefulness for various matters such as landlord/tenant versus small claims?  Sadly, the answer is that, with some notable exceptions, we have not.”   Here’s Lardent’s full piece.

• 9.20.12 – in Florida, the Legal Aid Service of Broward County and Coast to Coast Legal Aid of South Florida are collaborating on a goal “to create a veterans’ initiative, expanding upon current services provided to military members and their families. Expanded services include representation in securing veterans’ benefits and Social Security benefits for homeless veterans, and obtaining driver’s licenses and birth certificates. The initiative will assist in eviction and foreclosure prevention; family issues such as child support, custody and divorce, and probate and consumer matters.”  (Full op-ed in the Sun-Sentinel.)

• 9.20.12 – in San Francisco, “District Attorney George Gascón updated reporters Wednesday morning on his office’s 18-month old Neighborhood Prosecutor Initiative and announced his plan for a program for juvenile offenders throughout the city.  The initiative aims at curbing recidivism and keeping non-violent crimes such as infractions out of the criminal court system.  There are currently nine neighborhood courts, each with prosecutor assigned to work with two police districts.”  The initiative uses volunteer “adjudicators” who work with prosecutors to determine criminal punishment and treatment options that will help defendants avoid future criminal activity.  (Story from the MissionLocal website.)

  

• 9.19.12 – Details of the new 50-hour pro bono requirement for applicants to the New York bar were unveiled yesterday by Chief Judge Jonathan Lippman…. The first-in-the-nation requirement will take effect immediately for first- and second-year law students, who will have up to 34 months to fulfill the mandate. Current third-years are exempt.  Starting Jan. 1, 2015, every applicant to the bar will be required to fulfill the requirement….  Approved pro bono work includes legal services for people of “limited means”; not-for-profit organizations; individuals or groups seeking to promote access to justice; and public service in the judiciary and state and local governments….  Participation in law school clinics for which students receive credit would count.   (Here’s a New York Law Journal article.)  Also noteworthy is that New York Law School, where Chief Judge Lippman made the announcement, rode its momentum by announcing a new pro bono program to help its students meet the requirement.  Finally, some additional materials from the state high court: 
  • an FAQ sheet;
  • a press release;
  • a report from the committee tasked with crafting the rule.

• 9.18.12 – despite the efforts of Legal Aid of Northwest Texas and a group of pro bono volunteers, “the demand [for legal aid] is still far greater than the available help”  (Article on the NewsWest 9 website.) 

• 9.18.12 – “Deputy district attorneys in Contra Costa County said that a strike is a distinct possibility given the wave of deep cuts that have swept through their office.  Since 2006, the Contra Costa District Attorney’s Office has lost more than 30 prosecutors – many to neighboring counties that pay more with lighter workloads…. In July, the county imposed a contract on deputy district attorneys, cutting wages by 5.25 percent while also reducing benefits.”  (Report on the KCBS website.)
  • Here’s more coverage, from the San Jose Mercury News, on how budget cuts are adversely affecting Contra Costa’s criminal justice system.

 

• 9.18.12 – well, “OVMLAP” doesn’t exactly roll off the tongue, but this is still good news: in Ohio, diversionary courts have helped veterans to avoid getting into criminal trouble.  But many Ohio vets  have unmet civil legal aid needs.  With grants from Walmart Foundation and Ohio State Bar Foundation, the Ohio Veterans and Military Legal Assistance Project is starting now.  “The project will connect low-income veterans to lawyers who are willing to help them with landlords, credit-card companies or some family-law cases.”  (Article in the Columbus Dispatch.)

• 9.17.12 – “Warren County (NY) officials are protesting a change to the way the state funds legal services provided to the indigent [criminal defendants].  The county Board of Supervisors Mandate Relief Committee plans to contact the state Mandate Relief Council about the change.  The new policy requires the county Public Defender’s Office to add or improve services each year or risk losing a quarter of its $213,000 annual state funding.” (Article in the Post-Star.)

• 9.17.12 – educating nonprofit funders about civil legal aid’s importance.  From the Lawscape blog: “The Public Welfare Foundation has been making important grants in the area of access to civil justice.  Mary McClymont, PWF President, has also been making a major effort to talk to her foundation colleagues about the importance of supporting civil legal aid. She was interviewed recently by Tamara Lucas Copeland, president of Washington Regional Association of Grantmakers, about the needs of low-income people and what private funders can do to help. This video, aimed at the funder community, is available on the PWF’s website, www.publicwelfare.org . It’s also found on YouTube here.”

• 9.17.12 – a Legal Services Corporation staffing announcement: “Amid continuing tough times for the Legal Services Corp., the group has announced a new vice president.  Lynn Jennings joins the LSC, the largest source of funding nationwide for civil legal aid, as vice president for grants management. Her duties include overseeing programmatic operations, the competitive grant process, and assessment and oversight of grantees.” (Story from the National Law Journal.)

• 9.17.12 – The 2013 Equal Justice Conference Law School Pre-conference planning team invites you to submit program recommendations for this year’s pre-conference.  Please refer to the proposal guidelines and complete the training proposal submission form online.  If you have questions about filling out the online form, please contact Adrienne Packard at adrienne.packard@americanbar.org.  Training proposals are due no later than October 15, 2012.

• 9.14.12 – the continuing rise of self-help centers for litigants who represent themselves in civil matters (in most cases b/c they can’t afford a lawyers and legal aid doesn’t have the resources to handle the case): People in Macoupin County [Illinois] who can’t afford to hire an attorney soon will be getting online help through the efforts of the court system and the Carlinville library.  A free online legal self-help center will be accessible to anyone with a computer connected to the Internet….  The Macoupin legal self-help center is one of 91 throughout Illinois, each in a separate county.  Start-up funding for the legal center is provided by the Illinois Equal Justice Foundation through a state appropriation.” (Story from the State Journal-Register.

• 9.14.12 – The Recorder recognizes the outstanding pro bono efforts of 10 law-firm offices in Northern California.

• 9.14.12 – this news items contains a good lesson for law students about a very, very inappropriate use of social media.  “A Miami-Dade judge declared a mistrial in a murder case Wednesday after a defense lawyer posted a photo of her client’s leopard-print underwear on Facebook.  [Defendant Fermin Recalde’s] family brought him a bag of fresh clothes to wear during trial. When Miami-Dade corrections officers lifted up the pieces for a routine inspection, Recalde’s public defender Anya Cintron Stern snapped a photo of Recalde’s briefs with her cellphone, witnesses said.   While on a break, the 31-year-old lawyer posted the photo on her personal Facebook page with a caption suggesting the client’s family believed the underwear was ‘proper attire for trial.’  Although her Facebook page is private and can only be viewed by her friends, somebody who saw the posting notified Miami-Dade Judge Leon Firtel, who declared a mistrial.  And Cintron Stern was immediately fired, according to Miami-Dade Public Defender Carlos Martinez, whose office represents clients who cannot afford a private attorney.”  (Article from the Miami Herald.)

• 9.13.12 – “The Ford Foundation…announced plans to place as many as 100 students from Harvard Law School, Stanford Law School, New York University School of Law and Yale Law School in public interest summer jobs in 2013.   Public interest fellowships typically pay stipends just large enough to cover basic costs. By contrast, the Ford fellows will receive $15,000 for summer work at an array of high-profile public interest organizations, including the Brookings Institution, the Environmental Defense Fund and the NAACP Legal Defense and Educational Fund. The foundation has committed $1.75 million for the inaugural year.”  (Article in the National Law Journal.)

• Music!  A few weeks ago I went to a great concert featuring punk-rock legend Bob Mould.  Mould’s had a fascinating music career trajectory.  He started off as the front-man in legendary punk band Husker Du, moved into indie rock, then electronica, then back to rock.  Now one never knows quite what he’s going to get into.  But he played a great rock show here in DC a couple of weeks back.  So here’s “See A Little Light,” a lighter song from his 1989 s0lo debut.