By: Steve Grumm

Happy Friday, folks.  This week’s bulletin comes to you from Chicago, where I’m attending the National Legal Aid & Defender Association’s annual conference.  Before the public interest and access to justice news, here are two interesting legal-education developments:

• 12.4.12 – another law school creates a hang-your-shingle incubator – Shincubator? Well, perhaps not – for recent grads: “The Cleveland-Marshall College of Law is the latest to announce plans for a solo incubator. The school will spend approximately $1.2 million to create a suite of offices in its library for rental at low prices to recent graduates launching their own practices.  Solo incubators are widely seen as a way for schools to help graduates establish practices at a time when law firm hiring has slowed. Around 10 such programs have been created at schools including the City University of New York School of Law; Thomas Jefferson School of Law; Chicago-Kent College of Law; the University of Missouri-Kansas City School of Law; the University of Maryland School of Law; and Pace Law School.”  (Full story from the National Law Journal.)
• 12.3.12 – news of a “proposal backed by all three Arizona law schools to allow 3Ls to sit for the bar during the February before they graduate, rather than making them wait until after graduation. The Arizona Supreme Court is slated to consider the proposal on December 5. If the court approves, Arizona would be the only state that allows students to take the bar exam midway through their final school year.”  (Full story from the National Law Journal.)

The week in public interest and access-to-justice – short version:

• pushing for higher prosecutor and defender salaries in FL;
• pro bono can pay;
• Legal Services of Eastern Missouri wrestles with high caseloads;
• King County (Seattle) public defense controversy;
• the long-running Missouri public defense controversy continues;
• a report from NY’s access-to-justice task force;
• the importance of legal aid for tenants facing eviction;
• how do Presidential Management Fellows feel about the PMF program?;
• a labor-law win for a law school clinic;
• NLADA launches new legal aid research site;
• Chicago Music Bonus!

The summaries:

• 12.7.12 – “Representatives of state attorneys and public defenders began making a renewed case Thursday for increasing salaries, saying low pay causes many attorneys to leave for private law firms after only a few years. Bill Eddins, state attorney for the 1st Judicial Circuit of Florida (which includes Escambia and Santa Rosa counties) and  president of the Florida Prosecuting Attorneys Association, told a Senate panel that high turnover is reducing the number of experienced prosecutors.”  (Story from NorthEscambia.com.  And here’s more from the Florida Times-Union.)

• 12.6.12 – a Purpose Prize for the retired lawyer who did pro bono foreclosure defense work and sniffed out the “robo-signing” practice (which led to tens of millions of funding dollars for the legal services community): “[In] April 2008, Cox joined Pine Tree Legal Assistance and began representing consumers fighting foreclosures. In 2009, while representing Nicolle Bradbury, Cox discovered that a GMAC Mortgage official was signing thousands of foreclosure affidavits in 23 states, though he had not verified their accuracy. Cox won the case but the impact was more widespread. His findings helped spur 49 of 50 state attorneys general to sue the five biggest mortgage servicers for fraudulent foreclosure practices, leading to a $25 billion settlement.”  (Story from the ABA Journal.)

• 12.5.12 – from the Missourian: “Legal Services of Eastern Missouri (LSEM) has experienced budget cuts, followed by the loss of grant funding, yet continues to assist an increasing number of clients.”

• 12.5.12 – “The leaders of King County’s four public defense agencies today sent a letter to Metropolitan King County Council President Larry Gossett and Councilmember Kathy Lambert, who heads the council’s Law, Justice, Health and Human Services Committee, to voice opposition to a county plan that would dissolve the independent agencies and make public defenders county employees.  Last week, David Chapman, who heads the King County Office of Public Defense, announced that nearly 400 employees of the four agencies — The Defender Association, Society of Counsel Representing Accused Persons, Associated Counsel for the Accused and Northwest Defenders Association — could potentially become King County employees by July 1. Chapman’s office assigns cases to the four firms, dividing the nearly $40 million per year the county spends on public defense.  The proposal for the county to hire the public defenders stems from a lawsuit filed in 2006 against the county by Kevin Dolan, a public defender at the Associated Council for the Accused. Dolan said he filed the lawsuit on behalf of employees of the four defender groups who sought enrollment in the county’s retirement system. Since the 1960s, King County has contracted public defense services from the non-profit firms.”  (Full blog post from the Seattle Times.)

• 12.4.12 – from the News-Tribune: “The Missouri public defender system says it is easing off its caseload limits that have led to disagreements over whether they have the time and resources to represent some criminal defendants.  Public defender director Cat Kelly said Tuesday she has instructed local public defender offices to treat the caseload limits with more flexibility. The move has the approval of the Public Defender Commission.”   The Fulton Sun reports that “Missouri public defenders have decided to resume taking indigent cases after Missouri prosecutors last Wednesday threatened to sue the Missouri Public Defender System…. Cathy R. Kelly, director of the Office of State Public Defender, said the decision to resume taking indigent cases came before the lawsuit was threatened by prosecutors last Wednesday.”

• 12.3.12 – “Calling the unmet need for civil legal services among indigent New Yorkers a “continuing crisis,” a new report says increased state funding and greater collaboration is needed between law schools, legal aid providers and law firms.  At best, 20 percent of the demand for civil legal services is being met, leaving more than 2.3 million New Yorkers without representation each year, according to the report, released Friday by the Task Force to Expand Access to Civil Legal Services.”  (Full article from Thomson Reuters.  And here’s the task force’s report.)

• 11.30.12 – an op-ed on the importance of  tenants in eviction court having access to legal services: “Millions of Americans face eviction every year. But legal aid to the poor, steadily starved since the Reagan years, has been decimated during the recession. The result? In many housing courts around the country, 90 percent of landlords are represented by attorneys and 90 percent of tenants are not. This imbalance of power is as unfair as the solution is clear.”  (Full piece in the New York Times.)

• 11.30.12 – Presidential Management Fellows are happy with their first days on the job but believe agency supervisors and program coordinators could provide better guidance and mentoring, according to a new study.  Overall job satisfaction among the class of 2011 fellows who participated in a study conducted by the nonprofit Partnership for Public Service scored 72.7 points out of 100 points. The study, which included the views of 274 new fellows gathered from November 2011 to December 2011, found that PMFs like and respect their bosses, have realistic expectations of the program and are committed to public service. In particular, fellows who thought their first job assignment matched their skill level and took into account their developmental needs tended to rate the overall program more positively. The class of 2011 includes 420 fellows who work on various assignments in different agencies for two years.”  (Full article on the Government Executive website.)

• 11.27.12 – a labor law win for a law-school clinic. “Eighteen current and former employees of a Long Beach hotel have reached a $130,000 settlement over the denial of meal and rest breaks required by California law, attorneys for the workers announced Tuesday.  The settlement with HEI Hotels and Resorts arose from claims filed with the California Division of Labor Standards Enforcement by employees of the Hilton Long Beach and Executive Meeting Center, which has been owned and managed by HEI since 2005…. The 18 current and former employees were represented by the UC Irvine School of Law-Immigrant Rights Clinic and Legal Aid Society-Employment Law Center.” (Story from the San Jose Mercury-News.)

• NLADA has launched the Civil Legal Aid Research site to “make existing research easily accessible and understandable to busy administrators and lawyers within civil legal aid programs. Therefore, NLADA has created this blog-database that captures the information about successful evidence-based practices and the results of research and posts those findings in an easily accessible web-based format.  In order to support state justice systems and civil legal aid programs in increasing their efficiency and effectiveness, NLADA will share existing and newly determined evidence-based practices with other programs to match their service delivery to those evidence-based practices that have shown most promise to maximize fair and justice results for clients. State justice systems and programs will then be able to focus their resources more effectively and support qualitative, in addition to the already widely done quantitative, assessment of outcomes to further test and tweak these practices.

• Music!  Chicago has me thinking about the electric blues and that has me thinking about Muddy Waters.