By: Steve Grumm

Happy Friday/Labor Day Weekend/September, dear readers.  As summer is (unofficially) winding down this week, we wish you all a happy Autumn, and we wish the best of luck to law students, clinicians, and law school administrators who are beginning a new academic year. 

This week: the first months of the Last Resort Exoneration Project; indigent counsel reform in Tennessee(?); USAJobs due for some downtime in October; AtJ news in the Mountain State; a dispatch from the ABA’s oval office; reaction to an ACLU report about Utah’s rickety indigent defense infrastructure; in NOLA, physical altercations and officers of the court and lawsuits, oh my!; unpaid legal internships raise eyebrows across the pond; USA Today presents the short version (as always) of legal services funding struggles nationwide; changes (and hiring!) in the Massachusetts indigent defense system; pro bono on a DLA Piper salary ain’t so bad.    

• 9.1.11 – the new Last Resort Exoneration Project, housed at the Seton Hall University School of Law, is complementing the work of the Innocence Project.  While the Innocence Project operates nationally and primarily uses DNA evidence to free the wrongfully convicted, Last Resort operates only within the Garden State and focuses on cases in which DNA evidence is not in play.  Check out this profile of Last Resort, which began operations this past February, on MyCentralJersey.com.

• 8.31.11 – is change afoot in the way that Volunteer State public defenders are assigned?  The Tennessean reports on a proposal being kicked around by the Tennessee Supreme Court: “To rein in the state’s fast-growing indigent defense fund, the court has drafted an amendment to its rules that would allow the cash-strapped state Administrative Office of the Courts to solicit bids and award contracts to lawyers or firms ‘to provide legal services to indigent persons for a fixed fee.’ The proposal has come under a barrage of criticism from lawyers, judges and state and national legal organizations who warn that flat-fee contracts will put many lawyers out of work, undermine the authority of local judges and deny poor people the effective assistance of legal counsel.”

• 8.31.11 – heads up, federal job seekers!  Government Executive reports that USAJobs will go down temporarily in October while Uncle Sam readies a new version of the website: “The Office of Personnel Management will take the government’s job application platform offline in October to transition to a new system. USAJobs 3.0, designed to make the process smoother for potential hires and federal recruiters alike, will debut on Oct. 13. Agencies will have to close all open job announcements before Oct. 6, when the system will be made unavailable to all applicants for nearly a week. The downtime will allow agencies to transition data to the new platform built by OPM and create a level playing field for job seekers and human resources staff, said Angela Bailey, the agency’s associate director of employee services.”

• 8.30.11 – two access-to-justice developments in West Virginia. 
• First, the Journal reports on hearings held by the state’s 2 year-old AtJ Commission to explore the problems that low-income West Virginians confront in navigating the justice system: “A shortage of funding for more Legal Aid attorneys [and] the difficulties citizens face when trying to hire an attorney…were among several issues discussed Monday night in Martinsburg during the second of six statewide public forums on the issue of access to the state’s civil justice system. The forum was held by the West Virginia Access to Justice Commission, which was formed two years ago.”  Here’s a troubling statistic (emphasis mine): “There are only 52 Legal Aid attorneys for the state’s 55 counties.”  And of course many of those attorneys are concentrated in population centers, which makes things very difficult for would-be clients in rural locales.
• Second, on a more positive note the Record reports that Legal Aid of West Virginia has launched a LawHelp site to empower litigants with self-help resources.

• 8.30.11 – In a letter to editor of the New York Times, new ABA president William T. Robinson, III offers perspective on a recent NYT editorial which presented solutions to narrow the civil justice gap. The letter supports the Times’s view that LSC funding should be expanded, but takes issue with the Times’s call to deregulate the delivery of legal services.  Writes Robinson: “[A] rush to open the practice of law to unschooled, unregulated nonlawyers is not the solution. This would cause grave harm to clients. Even matters that appear simple, such as uncontested divorces, involve myriad legal rights and responsibilities. If the case is not handled by a professional with appropriate legal training, a person can suffer serious long-term consequences affecting loved ones or financial security. It also could lead to a violation of the law.”  (Personally I’d look at unbundling – i.e. limited-scope representation – innovations before farming traditional lawyer work out to nonlawyers.  In practice, those outfits that market to low-income clients by offering quasi-legal services have patchy records, and are certainly not substitutes for legal services providers.  Although I grant that it’s the people who are over-income for legal services but can’t afford to retain counsel who present a very difficult challenge.)

• 8.29.11 – in Utah, a Deseret News editorial reacts to a recent ACLU of Utah report on the state’s indigent defense system: “This week, the ACLU released an in-depth study of criminal defense for the poor in Utah, and found the state system woefully inadequate. Utah is one of only two states that doesn’t fund public defenders, requiring counties to foot the bill and resulting in a funding rate of $5.22 per capita, less than half the national average of $11.86.  Attorneys [in rural counties] are ‘chronically underfunded and overworked,’ according to the report, receiving an average of just $400 per case…. There are several things the state can do to remedy the situation, and not all of them require money. For starters, public defenders should be granted greater access to the state’s crime labs, on par with that of prosecutors. It should also institute statewide standards for selecting public attorneys, eliminating conflicts of interest, and provide more oversight of county justice systems. But ultimately, funding for public attorneys must increase.”  Here’s a link to the ACLU report: Failing Gideon.

• 8.28.11 – now this is an adversarial justice system.  A New Orleans Times-Picayune opinion piece looks at the recent, bizarre goings-on between NOLA public defenders and court staff.  “Chief Public Defender Derwyn Bunton was getting a bit worried a couple of years ago because his attorneys were coming back injured after appearing before Judge Ben Willard.  First Steve Singer had to have surgery for a torn ligament after Willard ordered sheriff’s deputies to kick him out of the courtroom. A few months later, Stuart Weg also needed medical treatment following a similarly unceremonious departure, and Bunton asked for a Judiciary Commission investigation.”  This quoted passage notwithstanding, it does not appear as if the defenders are entirely without blame.  They seem to take seriously their responsibilities as zealous advocates.  (On a related note, the PSLawNet Blog interviewed Mr. Bunton several months ago.  He struck us as one cool cat.  Let’s hope cooler heads prevail in the Big Easy.)

• 8.29.11 – a little legal internship hullabaloo across the Pond.  A piece in the Guardian laments the increased number of unpaid legal internships in both public interest and for-profit law firm settings.  The author argues that some “employers” may be skirting regulations that distinguish paid employment relationships from volunteer learning opportunities, and that blossoming lawyers are too vulnerable at this early stage in their careers to raise a stink.  The author further contends that the entities charged with regulating the legal profession are not paying sufficient attention to the issue.  It’s hard for me to draw parallels with the U.S market because it seems that our labor regulations may be a bit more permissive, particularly in allowing government and nonprofit entities to take on unpaid interns. Nonetheless, it’s an issue worth watching in the U.S. given the glut of law graduates looking for practice experience.

• 8.29.11 – a piece in USA Today highlights the deteriorating condition of the nation’s civil legal services infrastructure, especially as the Legal Services Corporation is threatened with a 25% funding cut by congressional appropriators.  Some notable data points:
• “The House Appropriations Committee has proposed slashing…$104 million [from LSC’s budget] for fiscal 2012, rolling back funding to $300 million — a level not seen since 1999.”
• “The number of people eligible, based on income levels, for LSC programs across the country has gone up 27% since 2007. About 64 million people qualify [according to LSC president Jim Sandman].”
• “Idaho Legal Aid Services has started unpaid monthly furloughs, and offices are closed one day each month. Several employees have been downgraded from full-time to part-time status.”
• “Legal Services of New Jersey plans to lay off 100 employees by the end of the year.”

• 8.28.11 – big news on the indigent defense front in Massachusetts, including some new public-defender hiring.  From the Milford Daily News:  “Leaders of the state’s public defender system will soon detail a plan to hire more staff attorneys to represent the poor and contract less of that work to about 3,000 private lawyers across Massachusetts. The cost of defending low-income people came under the spotlight on Beacon Hill this year when Gov. Deval Patrick proposed hiring about 1,000 new state attorneys and ending the use of private attorneys altogether….  After lawmakers offered less sweeping proposals of their own, Patrick ultimately signed a state budget last month that makes less ambitious reforms. It requires at least 25 percent of cases with indigent defendants to be handled by state attorneys by next July, up from about 10 percent now…. Lisa Hewitt, the committee’s general counsel, said the plan will likely require hiring 346 new full-time employees, including attorneys, support staff, social workers and investigators.  A final number is still in the works, she said. The state now has 252   public defenders on its payroll.”

• 8.26.11 – DLA Piper creates a pro bono immersion program of sorts for public-interest minded associates.  From AmLaw Daily: “DLA Piper unveiled a program…that creates what many first-year associates might call a dream job–the opportunity to work on pro bono cases while taking home a six-figure salary unheard of at most public service organizations.  Starting in January, two incoming DLA Piper associates each year will be selected to do exclusively pro bono work for a year as part of the firm’s DLA Piper/Krantz Fellowship Program.”

Autumn being my favorite season, I leave you with this pop music gem from one of the most unlikely songwriters to write a cartoon movie soundtrack.