By: Steve Grumm

Happy Friday, ladies and gents.  Quite a week here in DC.  One of the most noteworthy election stories involves the changing faces of the American electorate.  Much ink has already been spilled about the youth (i.e. Millenial Generation), Latino, and women’s voting blocs’ influences on the election.  But it’s not just the voters who are changing.  It’s those whose candidacies are being voted upon.  For the first time, the women’s caucus in the Senate will swell to 20 next January.  And the Senate will also welcome its first openly gay member in the person of Tammy Baldwin.  Change is afoot. 

In other election-related news, here’s some unsolicited financial planning advice: I’m bullish on Frito-Lay sales in Colorado and Washington State.

On to the public interest news.  By way of transition I ask for your help in circulating NALP’s just-launched Public Interest Employment Market Snapshot Survey, a brief, anonymous survey of U.S.-based nonprofit and government public-interest law offices about 1) recent law student and attorney hiring and 2) hiring expectations for the immediate future. We will use the gathered data to produce a report about what the public interest employment market looks like.  We will make the report freely available in January, 2013.  The survey is available here.  Thanks for supporting this unique endeavor. 

This week’s news in very, very short:

• Making the economic case for civil legal aid in the glorious Keystone State;
• Stanford Law students help throw a little chin music at CA’s three strikes law;
• The  op-ed battle over who’s responsible for the tough circumstances confronting Missouri’s public defense program;
• Election Day proves to be Independence Day for New Mexico’s public defense program;
• It’s Pro Bono Week in the UK;
• A new MLP in Houston;
• Wisconsin Law opens a veterans clinic;
• Foreclosure fraud settlement funds channeled to the Legal Aid Society in TN.

The summaries:

• 11.8.12 – making the economic case for civil legal aid in PA: “Poverty legal services fill this void and have a long history of defending the most vulnerable among us from both fraud and abuse, but recent cuts to their funding guarantee that they will be able to help fewer and fewer people and– studies show– that affects all of us.  ‘This is the type of funding that not only rights wrongs but makes clear economic sense,’ explained Al Azen, Executive Director of Pennsylvania’s Interest on Lawyers Trust Accounts (PA IOLTA), a non-profit program that provides funding for civil legal aid.  A new study by PA IOLTA, shows that over the last fiscal year the work of poverty legal services created $594 million for the Pennsylvania economy, an unheard-of eleven fold economic return on their funding.”  This story’s from the Pittsburgh Post-Gazette.  Unfortunately I can’t find the referenced report from the IOLTA board.  [EDIT: here’s the report, which was released in April.]

• 11.7.12 – “Stanford Law School students and faculty celebrated on election night, after years of hard work paid off when California voters overwhelmingly approved Proposition 36, which reforms the state’s tough ‘three strikes’ sentencing law.   The…school’s Three Strikes Project worked with the New York-based NAACP Legal Defense Fund to draft and promote the legislation, which won widespread support among California law enforcement and civil rights advocates. Proposition 36 represents the first time that voters have approved more lenient sentencing for offenders already serving prison time. With the change, offenders who commit nonviolent crimes as their third offense will no longer receive life sentences.”  (Story from the National Law Journal.)

• 11.7.12 – after a Missouri prosecutor blamed the state public defense program’s leadership, and not high caseloads, for the program’s struggles, a return volley: “Missourians deserve undistorted facts when faced with such serious criminal justice decisions. Instead, prosecutors take technical disagreements about how best to calculate public defender case overload — as raised in a new state auditor’s report — and conclude that the report ‘shatters the myth’ that public defenders are overworked. In reality, the report found “MSPD’s growth in caseload has outpaced its growth in staffing resources….”  (St. Louis Post-Dispatch op-ed from the director of the Sixth Amendment Center.) 

• 11.6.12 – “New Mexico voters have approved a constitutional amendment that establishes the Public Defender Department as an independent state agency….  The amendment calls for forming an independent commission that would appoint the state’s chief public defender, who would then oversee the department. Currently, the governor appoints the chief public defender.”  (AP story via KKOB’s website.)

• 11.6.12 – It’s Pro Bono Week in the UK, so there’s been a rash of stories about what is, and isn’t being accomplished by the bar across the pond.  Here’s a little bit about pro bono performed by UK’s “Biglaw” firms: “The value of pro-bono work in the UK is almost half a billion pounds a year, with research from legal recruitment company Laurence Simons finding that the top 20 firms carried out £180m of free work – the equivalent of 1.85 per cent of their budgets – in 2011….  The research, which was released to coincide with pro-bono week, show that the average value of voluntary work for each lawyer was £5,194. However, with the survey suggesting that 52 per cent of lawyers did no pro-bono work at all last year, the figure is likely to be double that amount.”  (Article from The Lawyer.)
  • an op-ed in The Guardian looks critically at how pro bono numbers demonstrate a polarization in the legal profession, and what that could say for the future of promoting access to justice.   

• 11.4.12 – ” Texas Children’s Hospital and the Houston Bar Association’s Houston Volunteer Lawyers recently announced the formation of a medical-legal partnership (MLP) that will provide Texas Children’s low-income patients and patient-families with critical legal assistance. This is the first partnership of its kind to be offered in the Houston area.  Through the program, a dedicated Houston Volunteer Lawyers staff attorney will provide legal advice and representation to Texas Children’s patients and their families with assistance from outside pro bono lawyers. The project is being funded in part by a donation from Walmart, which created a successful MLP with Arkansas Children’s Hospital last year with plans to expand the benefits of MLPs to other major pediatric hospitals nationwide.”  (Story from the Bellaire Examiner.)

• 11.2.12 – Wisconsin Law goes to bat for local vets.  “Legal assistance for Dane County veterans will be available starting Thursday, Nov. 8 when the University of Wisconsin Law School launches the new Veterans Law Center….  The free legal center is funded by a $5,000 Pro Bono Initiative grant from the State Bar Legal Assistance Committee. The project is administered by the UW Law School’s Pro Bono Program and is a collaborative effort with support from the Dane County Veterans Service Office, the Dane County Bar Association, Porchlight, Inc. and representatives from the William S. Middleton Memorial Veterans Hospital in Madison. Habush Habush & Rottier SC recently contributed an additional $5,000 to fund the center.”  (Here’s the story from the Univ. of Wisconsin.)   

• 11/2/12 – funds from the national mortgage foreclosure fraud class-action settlement flow to legal aid in Tennessee: “The Legal Aid Society has launched a new initiative to help Tennessee homeowners dealing with foreclosure and mortgage rescue scams.  The expanded project is funded through an agreement with the state attorney general’s office.  The money is the result of a nationwide settlement between state attorneys general and major banks that engaged in questionable mortgage practices.”  (Story from CBS MoneyWatch.)

Music!  This week’s song is dedicated to campaign TV commercials.  We hardly knew ye.  On second thought, we knew ye all too well and saw ye all too often.  Ye were never welcomed.  Good riddance.