By: Steve Grumm

Bloomberg News

Happy Friday, folks.  If you were affected by the storm earlier this week, I hope you are safe and well.  Sandy delivered a painful reminder of our fragility.  One of the world’s most developed, sophisticated population centers found itself completely subject to nature’s whim.  Humbling.  And tragic for too many people.  On the legal front, the National Disaster Legal Aid website is serving as a resource both for those seeking help and those wishing to render it.  And while the news coverage has focused on the New York/Jersey region, it’s noteworthy that the storm’s impact has been felt far and wide.  I heard from a Cleveland-based legal aid lawyer who’s gone the week without electricity.     

For some post-Sandy escapism, here’s word that a new Star Wars movie is in the making (and that George Lucas is selling his empire to Disney).  Since I grew up loving the original trilogy and watching too many saccharine 80s sitcoms, I’m tempted to greet this development with unmitigated joy.  But I’ve got real questions about the franchise that inflicted Jar Jar Binks upon the world turning itself over to the company that gave us The Little Mermaid II: Return to the Sea.  Be warned, Disney: take good care of this galaxy far, far away.  

This week in very, very short:

• Texas counties pooling resources to provide indigent defense in capital cases
• Mandatory pro bono, Singapore style
• Low-paid FL prosecutors and defenders
• Pushback on pushback on Income Based Repayment
• More on NY’s new 50-hour pro bono rule
• Missouri prosecutor minces no words in assigning fault for indigent defense system woes
• NOLA PD may see big cut in city funding
• We can hear you now.  Corporate lawyers should be freed up to do more pro bono, says Verizon general counsel.
• Even Harvard’s public interest minded law students face a difficult career path
• Great work from Iowa Legal Aid, but times are tough
• Low-paid Pittsburgh prosecutors and defenders
• New masters-in-law course in animal law
• Recent hiring by the Land of Enchantment’s (great state nickname!) public defense program
• Online ATJ in IL
• Super Music Bonus!

The summaries

• 11.1.12 – in Texas, counties banding together to provide capital defense counsel: “Parker County commissioners recently voted to join the Regional Public Defender for Capital Cases program, an action that could save the county thousands of dollars during the prosecution of expensive capital murder cases.  The program, funded through the Texas Indigent Defense Commission, represents defendants who are charged with the offense of capital murder and are eligible for the death penalty but cannot afford to hire their own attorneys.  The organization helps participating smaller counties meet the legal requirement to provide access to counsel for those defendants by providing a core team of four — two…attorneys, a mitigation specialist and a fact investigator — as well funds for an investigation…. Of the 240 counties eligible for the program … 193 have agreed to participate so far.”  (Story from the Weatherford Democrat.)

• 11.1.12 – I work hard to offer a global worldview, dear reader.  So here we have news about a potential move to mandatory pro bono in Singapore.  Only 16 hours, though, which is odd.  Here’s some detail from Today Online: “Lawyers could soon be required to contribute a minimum of 16 hours of free legal services, as part of a high powered committee’s proposal to make it mandatory for practitioners to provide legal aid to low-income and disadvantaged Singaporeans….  The scheme will cover legal assistance in four broad areas: Criminal legal aid, civil legal aid, community mediation including other voluntary services in the Subordinate Courts, and legal advisory work to institutions and charities.”

• 10.31.12 – “Florida prosecutors and public defenders can’t keep over-worked young lawyers very long without at least a break-even pay raise to offset the state’s 3 percent pension deduction, lawyers told state budget planners at a public hearing Wednesday….  ‘We have two kinds of assistant state attorneys today,’ said Buddy Jacobs, general counsel for the Florida Prosecuting Attorneys Association. ‘We have those that are leaving and those that are looking.’  Jacobs said 56 percent of assistant prosecutors are five years, or less, out of law school, and that the typical young prosecutor starts at $40,000 a year — with $80,000 to $100,000 in college debt…. The state attorney offices have had about 15 percent turnover in each of the past two years, he said.”  (Story from the Florida Current.)

• 10.31.12 – student debt expert Heather Jarvis pushes back on a report that was itself critical of the Income Based Repayment program: “The New America Foundation released ‘Safety Net or Windfall:  Examining Changes to Income-Based Repayment for Federal Student Loans’… arguing that changes to Income-Based Repayment (IBR) should be better targeted towards low-income borrowers rather than “high-income borrowers with graduate and professional degrees.”   The analysis in the report clearly demonstrates what advocates have long known is a weakness in the IBR program—the lowest-income student loan borrowers need more and different help.  But the wealthy certainly do not benefit the most from Income-Based Repayment.  Wealthy students and families have money to pay for education, do not need to rely on student loans, and neither need nor will receive many benefits from Income-Based Repayment.  We have a debt-based system of access to higher education.  Unless or until that changes, student loans enable middle- and lower-income students and families to pay for…advanced degrees.  Middle- and lower-income students…must borrow substantial amounts or decide not to pursue advanced graduate and professional degrees.”
  • Speaking of student debt, the federal “Pay As You Earn” regulations were finalized this week.  PAYE makes two significant changes to the Income Based Repayment program. It first lowers the debtor’s monthly contribution from roughly 15% of disposable income to 10%.  Second, it knocks down the 25-year forgiveness period to 20 years.  (Distinguish this, however, from the Public Service Loan Forgiveness provision, which forgives eligible loan balances after 10 years of payments into IBR.)  (Here’s some coverage from the St. Louis Post-Dispatch.) 

• 10.31.12 – New York’s newly implemented 50-hour pro bono requirement for admission to the bar just will not leave the news.
  • New York Chief Judge Jonathan Lippman delivered remarks to a DC-based audience earlier this week.  The Blog of the Legal Times has coverage: “The pro bono requirement, which is the first of its kind for a state bar, is ‘conceptually unassailable,’ Lippman said, even as he acknowledged concerns raised by law schools and legal services providers about how it would work in practice. He also said that the requirement was not a precursor to a mandatory pro bono requirement for the bar, another concern within the legal community.  Lippman said he hoped other states would consider similar requirements
  • And from the New York Law Journal, we learn that the chief judge expects that few bar applicants will be exempted from the rule’s requirement.

• 10.30.12 – pulling no punches regarding Missouri’s troubled indigent defense system, the state prosecutor association’s president blames the indigent defense program’s leaders, not overwhelming caseloads, for the program’s woes: “Simply put, the current public defender system is broken beyond repair because its top brass has surrendered in the face of its challenges. The only suggestion the public defender leadership ever offers is that they need more money. When the state budget is already stretched too thin, Missourians deserve a better solution….  We need to consider a new model where we reserve state-paid public defenders for the most serious felonies, such as murders and sexual offenses, while contracting representation of misdemeanors and low-level felonies to private counsel who could do the work more efficiently.  (Op-ed in the St. Louis Post-Dispatch.)

• 10.30.12 – the city of New Orleans is funding the district attorney’s office at just slightly less than it did last year, but the public defender’s office will see funding slashed by 33% (from $1.2 million to $800,000.)  Here’s the story from the Times-Picayune. 

• 10.29.12 – loosen up state practice rules so that in-house counsel – who may not be licensed in the states in which they physically work – can do more pro bono.  This is the case made by Verizon general counsel Randal Milch in a Corporate Counsel op-ed.

• 10.29.12 – the Harvard Crimson looks at the difficulties confronted by public service minded law students when they choose between a relatively robust law-firm recruiting system and the more difficult path to public service, which involves a tight, low-paying job market.

• 10.29.12 – a piece on Iowa Legal Aid trumpets the organization’s work on behalf of thousands of vulnerable Hawkeye Staters, but closes on a somber note: “All of that work is being done with fewer people, though. Iowa Legal Aid served nearly 17 percent fewer people than in 2010 because of reduced revenue and reductions in staff. At the end of 2011, the organization had 12 fewer attorneys and 8 fewer support staff than it had at the beginning of 2010. Funding from the Supreme Court was reduced to $172,000 for 2012, which is down from the $828,572 grant received three years ago, and federal funding was cut by 15 percent.”  (Full piece in The Hawkeye.)

• 10/29/12 – citing NALP data, the Pittsburgh Post-Gazette looks at how low pay harries the Steel City’s junior prosecutors and defenders, forcing some to moonlight in order to make ends meet.

• 10/28.12 – the pet industry is booming – Big Pet? – and Lewis & Clark Law School has created a masters-in-law certificate program for tomorrow’s animal rights/law lawyers.  From the Columbia Tribune: “Enrollment in the yearlong program [which has an initial class of six students] is expected to grow to 15 or 20 students in three to five years, said attorney Pamela Frasch, assistant dean and executive director of the [school’s Center for Animal Law Studies].”

• 10/26/12 – New Mexico’s public defender program has done a fair amount of recent hiring.  That’s tapering off but they’re still looking for lawyers.  From the Las Cruces Sun-News: “Vacancies in the agency have declined from 20.8 percent in 2011 to 15 percent today.  Moreover…the chief public defender…said she expected vacancies to drop to 8 percent by January.  Her department is filling 70 jobs, she told the Legislative Finance Committee this week. In raw numbers, the public defender has 211 attorneys and 182 support employees. [The chief defender] said she had begun to reduce the vacancy rate because the Legislature increased her budget by $1.2 million last session. Overall, the [program’s] budget is $40.14 million. It stood at $42.6 million in 2010, then legislative cutbacks began because of the national fiscal crisis.”

• 10.26.12 – this Government Technology story is ostensibly about the launching of a successful online, self-help legal aid website in one county.  But it points to a larger trend in Illinois toward empowering low- and moderate-income residents with online legal resources.  

Music!  This week I’m having all kinds of trouble not listening to Centro-matic’s “Patience for the Ride.”  If I had to guess, I’d say the song has to do with the Enron fallout and similar instances of corporate malfeasance.  But as with all well-written songs, it draws upon more universal themes.  And I hear “Patience for the Ride” as an anthem for public interest lawyers who face long odds and powerful opponents.  The song also contains a somehow-unpretentious use of the word “eleemosynary”.  That’s straight badass, is what that is.