By: Steve Grumm

Happy Friday, dear readers.  First, the Friday Trivia Question is a fairly simple one.  Four of the United “States” are actually commonwealths.  Which are they?

This week:

• bad news for Florida legal services providers;
• good news for Florida legal services providers;
• the House’s proposed LSC appropriation is $328 million;
• HUD money to Vermont Legal Aid;
• the tug of war for mortgage foreclosure settlement money in AZ;
• ABA Question of the Week: Should pro bono be required?
• this D.A. has remarkable success getting people out of jail(?);
• a pro bono appeal from a West Virginia justice;
• coverage and opinion about New York requiring 50 pro bono hours of bar applicants;
• indigent defense funding needed in Massachusetts;
• indigent defense funding needed in Tennessee;
• the increasing sophistication of corporate counsel pro bono programs;
• a report on the state of legal services funding nationwide;
• legislative efforts to raise funds for Louisiana indigent defense.

The summaries:

• 5.11.12 – the Orlando Sentinel looks at the problem of the “new poor” who are, in large numbers, seeking help from Broward and Palm Beach County legal services providers.  Those providers are laboring under extraordinary budget strains even while trying to deal with increased client demand.   

• 5.10.12 – on the other hand, class-action residuals will offer some financial help to cash-strapped legal services providers in the Sunshine State.  “More than $825,000 in unclaimed settlement money is about to be donated to eight local organizations. The donations came from four Tampa law firms, which said the organizations were selected because of their public service and consumer advocacy efforts. Recipients include Bay Area Legal Services and Gulf Coast Legal Services, two groups that provide free legal counseling for people who otherwise couldn’t afford it.”  (Story from Tampa Bay Online.)

• 5.10.12 – from the Legal Services Corporation: “The U.S. House of Representatives today approved funding legislation that provides $328 million for the Legal Services Corporation (LSC) in Fiscal Year 2013, after turning back two amendments that would have further cut or eliminated funding for the Corporation. Rep. Austin Scott’s (R-Ga.) proposed amendment to the 2013 Commerce, Justice, Science (CJS) Appropriations bill, which would have eliminated all funding for LSC, was defeated Tuesday night by a vote of 289-122.  The House also rejected, 246-165, a proposal from fellow Georgia Republican Rep. Lynn Westmoreland to cut the Corporation’s budget to $200 million.

• 5.9.12 – some good news in Vermont.  The US Department of Housing and Urban Development today awarded more than $324,987 to Vermont Legal Aid, Inc [VLA] to assist people in Vermont who believe they have been victims of housing discrimination.  VLA will use its grant to conduct a full service, coordinated and comprehensive fair housing program of testing, targeted private enforcement actions, broad systemic investigation, engagement with the land use and transportation planning process, and collaborative efforts to raise public awareness of housing discrimination….  The competitive grants are funded through HUD’s Fair Housing Initiatives Program (FHIP), and are part of nearly $41.18 million distributed nationwide to 99 fair housing organizations and other non-profit agencies in 35 states and the District of Columbia.  (Story from Vermont Business Magazine.)

• 5.9.12 – a debate in Arizona over the government’s distribution of national mortgage class-action settlement funds highlights the fiscal tugs of war at play in many states as cash-starved governments and public interest advocates try to wrestle – I am really maximizing this metaphor – away as much funding as possible for their causes.  “State Attorney General Tom Horne said Tuesday he has to implement an Arizona law taking $50 million from a settlement paid by mortgage lenders over their loan practices though he thinks the transfer to help balance the budget is poor public policy.  Public interest law firms are threatening to sue to block the transfer, contending the money should be reserved for helping stressed homeowners and coping with the effects of the housing collapse.”  This greatly impacts some legal services providers who would use settlement funds to aid clients in foreclosure.  (Story from Bloomberg Businessweek.)

• 5.9.12 – the ABA Journal’s Question of the Week: “Many readers and law bloggers had a strong reaction to last week’s Law Day announcement by New York Chief Judge Jonathan Lippman that all would-be lawyers will have to perform 50 hours of pro bono before they can get a law license in the state…. So this week, we’d like to ask you: Should all lawyers be required to do pro bono or monetarily contribute to legal services offices?

• 5.8.12 – the L.A. Times looks at Dallas (Texas) District Attorney Craig Watkins’ nationally acclaimed work on exonerating the wrongfully convicted. 

• 5.8.12 – “West Virginia Supreme Court of Appeals [J]ustice Brent Benjamin is imploring attorneys to come to the aid of Legal Aid of West Virginia…..’Before the [recent round of Legal Services Corporation budget] cuts, Legal Aid only had 51 attorneys covering 55 counties…,’ Benjamin noted.  [Legal Aid was subsequently force to lay off staff and close an office.]   ‘Since the most recent cut happened, they are doing the best they can with what they’ve got. We, as a Supreme Court, are stepping up to try to help them as well as help lower income West Virginians by going to the lawyers and asking directly for help.”  (Story from The State Journal, whose tagline is “West Virginia’s Only Business Paper.  Hot Damn!”  (I added the hot damn.  I should have gone into marketing.)

• 5.7.12 – some coverage stemming from New York Chief Judge Jonathan Lippman’s much-publicized announcement that, starting later this year, would-be bar admitees will have to perform 50 hours of pro bono service to be licensed in New York.
  • 5.7.12 – a New York Law Journal piece looks at the raft of implementation questions that must be answered (including an interesting one from our friend Tom Maligno about whether pro bono performed in law school would count toward the 50-hour requirement);
  • 5.7.12 – likewise, Pro Bono Institute prez Esther Lardent, writing in the National Law Journal, moves past the question of policy wisdom to look at practical implementation challenges.
  • 5.3.12 – former Association of Corporate Counsel official Susan Hacket is critical of Lippman’s proposal.

• 5.7.12 – in Massachusetts, the state house is working on a bill to shore up funding for the state’s indigent defense program, whose coffers are depleted.  (Story from the Boston Herald.)

• 5.5.12 – in Memphis, two public defenders make the case for remedying a “20-year recurring state budget miscalculation that has resulted in a multimillion-dollar funding shortage for public defense in Davidson and Shelby counties.”  (Story from the Memphis Commercial Appeal.)

• 5.4.12 – the Washington Post looks at the increasing sophistication of in-house pro bono programs: “In-house attorneys have historically gotten their hands on pro bono cases through legal aid groups or law firms on an individual basis, often without systematic backing from their employers. Now that model is changing, with several major corporations such as DuPont pushing to create more structured programs for attorneys and legal staff to do pro bono work by allocating company resources and personnel to handle client calls and paperwork, and setting benchmarks for how much time should be spent doing pro bono projects. (Capital One suggests 20 hours a year; at DuPont, it’s 2 percent of total work time).” 

• 5.4.12 -the Washington Council of Lawyers, DC’s public interest bar association (of which I’m a board member), has released a report on the beleaguered state of legal services funding nationwide.  (Read the 2012 Legal Services Funding Report.) 

• 5.4.12 – the New Orleans Times-Picayune looks at efforts in the Louisiana Senate to boost funding for public defense programs.

By: Steve Grumm

Equal Justice Works opened the early-bird registration for employers to participate in the 2012 conference & career fair.  Details here.

(Law student registration, FYI, opens on August 15.)

By: Steve Grumm

Happy Friday, dear readers.  Today is the 140th anniversary of Arbor Day, which has its roots, so to speak, in a Druidic tree-worship ritual.  I made that up.  It is the 140th.  But we’re just supposed to plant trees, not worship them.  Unless that’s your thing.  Anyway, for the occasion here’s the Screaming Trees’ 90s indie anthem “Nearly Lost You”, a favorite from my flannel-clad adolescence.  Great drums.  Blistering guitar lick.  (Far be it from me to give credence to gender stereotypes, but I predict the fellas will like this one more than the ladies.)

Unrelated: huzzah(!) to our partners at Street Law, Inc., who celebrated a 40th anniversary here in DC on Wednesday.  Special shout-out to exec. director Lee Arbetman, who, based on the photographic evidence I’ve heard about, was an even more dapper dresser in Street Law’s early days than now.  (Congrats, Lee, Megan and company!)

Friday Trivia: there are three words in the English language that begin with “dw”.  What are they?   

Now to business.  This week in access-to-justice, funding, pro bono, and related news:

• the websites of for-profit AZ law firms can use the ol’ dot-org, says ethics opinion;
• in Spokane, WA, client demand for legal aid rising but funding is a challenge;
• the NY AG directs $3 million to legal services on foreclosure matters;
• last week’s White House Forum on the State of Legal Assistance;
• $450K in grants from the NY Bar Foundation split amongst 67 groups;
• Two grants will help U. of Wisconsin law students help vets in need;
• funding challenges confronting the Vermont Bar Foundation and legal services community;
• in the UK, the House of Lords still opposed cuts to legal aid funding;
• Florida governor’s veto of $2 million legal services appropriation draws lots of reaction;
• support for state funding of legal services in Connecticut;
• the LSC board chair on closing the justice gap;
• Illinois AG directs $20 million to legal services.  Nice way to close.

The summaries:

• 5.1.12 (from the future!) – the forthcoming ABA Journal runs a short piece about an Arizona state bar ethics opinion that allows for-profit law firms to use “.org” website domain extensions.  I predict that the “.org” will never, ever be misused by a for-profit outfit providing “legal assistance services” or some such.  No chance.  Right? 

• 4.26. 12 – the Spokane Journal of Business looks at the increased demand for legal services within the local, low-income community even as providers struggle with funding pressures.  (Password-protected.  Sorry.)
  • Personal aside: I gained my first exposure to civil legal aid in Washington State while working as a Jesuit Volunteer with the Northwest Justice Project’s Yakima field office.  One of my fondest Eastern Washington memories is running Spokane’s annual Bloomsday race, a 7.5-miler that, amazingly, draws upwards of 50,000 people.  It’s a beautiful course. 

• 4.25.12 – the New York Attorney general directed $3 million to be shared by 31 public interest law offices for foreclosure defense funding.  The funding comes from settlements over questionable mortgage lending practices.  (Here’s the Legal News Line story.)

• 4.24.12 – last week’s White House Forum on the State of Legal Assistance gathered access-to-justice stakeholders from the legal services world, law firms, and government.  (Read the full summary from the DOJ’s Access to Justice Initiative.)
  • Phyllis Holmen, executive director of the Georgia Legal Services Program, recounts her experience participating in the forum: “Six of us were chosen from around the country, directors of legal aid and legal services organizations accustomed to toiling quietly in the hinterlands. We work on behalf of low-income folks with the kind of life-and-death legal problems that the poor face: the plague of domestic violence, the near impossibility of maintaining a family structure in the face of grinding poverty, the gut-wrenching choices that have to be made between paying medical bills or buying groceries.  The opportunity to tell the president of the United States why we think our work is important was unprecedented. It was a chance to speak at the highest level of our government about the cause to which I have devoted my career: justice for all.”  (From the Daily Report.)

• 4.24.12 – “Sixty-seven organizations across New York State have received grants totaling $450,000, The New York Bar Foundation announced today….Thirteen grants will support Youth Court activities, while others will support programs that assist domestic violence victims, low-income immigrants, public service attorneys, vulnerable senior citizens and incarcerated women.”  There’s a slew of organizations receiving grant money, all of which are listed in the story from the Saugerties Post Star.

• 4.24.12 – “Two new grants will help University of Wisconsin law students gain valuable experience while helping veterans who need legal assistance.  The two Pro Bono Initiative grants for $5,000 each come from the State Bar Legal Assistance Committee and have been awarded to Dane County Veterans Legal Clinic to start a free legal clinic and to the UW Law School Pro Bono Program to expand its efforts to involve more law students in pro bono activities.”  (Story from the University of Wisconsin’s website.)

• 4.24.12 – “[L]ike so many organizations, the Bar Foundation has found itself with less money to give out in the past few years, while the need for the kind of legal services it helps fund has risen.  Vermont Supreme Court Associate Justice John Dooley is a member of the board of directors of the Vermont Bar Foundation. He spoke with VPR’s Jane Lindholm about the financial challenges faced by the organization. (Listen to the interview on Vermont Public Radio.) 
  • As an aside, when I was a 3L my dad and I went skiing in Vermont.  We stayed at a family-owned place called the Swiss Inn.  Turns out the owner was a native Philadelphian (like me and Pa Grumm) and he owned a couple of the Jersey Shore video-game arcades that sucked quarters from my pockets like a vacuum cleaner when I was a youth.  He was very generous to me at the Swiss Inn afternoon happy hour.  My quarters, after all, had paid for his inn. 

• 4.23.12 – in the UK, the House of Lords still refuses to go along with broad-based proposed cuts to the legal aid system. Watch the video on BBC.  Watching British legislative sessions is downright enjoyable.  Ever seen the SNL spoofs? 

• 4.22.12 – all kinds of coverage about Florida Gov. Rick Scott’s veto of $2 million in proposed funding that would have supported the financially embattled legal services community.
  • A News Chief editorial, “Veto Takes Jobs, Help for Poor,” is critical of the governor’s action.
  • “Budget Cuts Impact Legal Aid Society of Palm Beach County” is a WPTV story.
  • The Palm Beach Post runs “Lawyers for the Needy Decry Florida Veto.” 

• 4.21.12 – “Shelby County Public Defender Stephen Bush claims state finance officials have been misinterpreting state law regarding funding for the public defenders in Shelby and Davidson counties for 20 years and that the offices are owed $45.2 million — $28.4 million for Shelby and $16.8 million for Davidson.  The public defenders, who appeared before a state legislative committee this week, are asking the state legislature to restore that funding and fix the error going forward.”  (Here’s more in the Commercial Appeal.)

• 4.20.12 – a Hartford Courant op-ed makes the case for a legislative measure that would boost funding for legal aid in the Nutmeg State: “The Judicial Branch has recognized the seriousness of this problem. It has proposed legislation that would use increased court fees to raise $5.2 million for legal aid — enough to maintain the current level of services. There has been broad bi-partisan support to address the legal aid funding crisis. And the Judiciary Committee of the General Assembly has approved the bill on a 45-to-1 vote.  The pending legislation would successfully restructure funding for legal aid, and provide a future anchor to fund access to justice. It is vital that the Connecticut legislature approve this measure. Our system of justice depends on it.

• 4.20.12 – writing in The Hill, LSC Board chair John Levi, who has been very active in his public advocacy of LSC’s mission, explores the “widening justice gap, and why we must close it.”
  • Speaking of closing gaps, as noted last week a House proposal would cut LSC funding from the current, FY12 figure of $348 million –  which itself represents a ~14% cut from the FY11 figure – to $328 million.  A Senate proposal would ratchet funding back up to $402 million.  To put the House proposal in context: in 1981 LSC’s appropriation was about $321 million.  If that figure simply kept up with inflation, LSC’s funding in 2011 should have been over $800 million.  We’ll be lucky to get to half of that this year.

• 4.18.12 – great funding news out of Illinois, from the state attorney general’s website: “Attorney General Lisa Madigan announced that $20 million in funding from the national foreclosure settlement reached this year will be given to legal assistance programs in Illinois to address the current foreclosure crisis and to provide access to the justice system for homeowners and renters.” 

Credit: TrailerFoodDiaries

By: Steve Grumm

Happy Friday, dear readers.  Greetings from Austin, TX, where NALP’s Annual Education Conference will adjourn manana.  Over 1400 people, all told.  I’ve spent much of my time this week wandering about in a state of sleep deprivation with the law-school public-interest career advisors and clinicians who comprise NALP’s Public Service Section.  I realized once again how fortunate I am to work with a group of such selfless folks. Big high-five to Jessica Kitson, who’s just stepped down as the section chair.  Big Warning to incoming chair Leeor Neta: you’re stuck with me for a year.

Yesterday, Texas RioGrande Legal Aid attorney (and Equal Justice Works fellow) Adriana Rodriguez keynote-ed our public service luncheon.  Adriana’s doing impactful work, in an under-served area, at a time when low-income client needs are swelling.  If the next generation of access-to-justice advocates is anything like Adriana…well…I’ll rest easier.      

This week on the access-to-justice front:

• ABA on AtJ;
• Senate bill would boost LSC funding; House bill would slash LSC funding;
• Veto of legal services funding in Florida;
• Cornhuskers!  Omaha prosecutors and defenders to get salary bump;
• Asking legal services clients to pay it forward;
• Access-to-justice news from England;
• Florida’s high court to weigh in on public defender caseload woes;
• Maryland legislature scales back court ruling on right-to-counsel in criminal matters;
• Pro bono news from DC, Denver and North Carolina.

The summaries:

• 4.18.12 – ABA president William T. Robinson, III weighs in the importance of promoting access to justice.  (Op-ed in The Hill.)

• 4.18.12 – Good news/bad news.  Good: Senate appropriations committee pushed forward a bill that would fund LSC at $402 million in FY13.  This would basically bring the appropriation back to the level it was at before an FY12 cut slashed it to $348 million.  Bad: a house subcommittee bill would slash funding further, to $328 million.  (LSC announcements about the Senate and Housebills.)
  • On a related note, earlier in the week the Maryland State Bar Association’s president made the case for LSC (writing in the Baltimore Sun).

• 4.18.12 – state funding for legal services in Florida falls victim to Gov. Rick Scott’s veto.  “A $2 million veto by Gov. Rick Scott will mean fewer attorneys to represent low-income residents through foreclosure proceedings, domestic violence hearings and consumer fraud cases, legal aid officials and a top Democrat lamented Wednesday. A day after the governor vetoed $142 million from the budget, officials at an organization that provides legal help for low income Floridians said Scott’s decision will mean a 25 percent reduction in the number of attorneys available for legal assistance in the coming year. A year later, the number of available attorneys will drop even further.” (Story from the News-Press.)
  • More coverage from Ocala.com: “Legal Aid Funding Cut Hurts”

• 4.18.12 – a salary bump for prosecutors and public defenders in Douglas County, Nebraska.  (That’s Omaha.)  Salary specifics in the World-Herald.    

• 4.17.12 – Legal Aid Services of Oregon’s Roseburg office is asking clients to pay it forward.  “Legal Aid provides Douglas County with a vital service. They have a mission to give legal services to as many people as possible, but they knew they couldn’t do it alone.  So, they’ve started a new program. ‘The pilot program was our answer to the question of how to achieve justice for the low income communities we serve, with the resources we already have,’ said Sharon Lee Schwartz, the LASO Regional Director.  For every hour those at…LASO put in on a case, they’re asking the clients to do the same.  But not necessarily with legal work.  Those in the program can donate their time to non-profits, help someone with yard work, basically put their skills to work for the community.”  (Full story from KPIC.)

• 4.17.12 – a pair of stories from Blighty:
  • in the UK, a reversal by the government should open up legal aid access to more domestic violence victims. (Story from the UK Press Association.)
  • 4.17.12 – “The annual LawWorks & Attorney General Student Awards were held recently, in the elegant surrounds of the House of Commons, to recognise the outstanding pro bono achievements of students and law school staff throughout the United Kingdom.” (Story from LawCareers.net .)

• 4.16.12 – “The Florida Supreme Court will hear arguments June 7 in a dispute about whether the Miami-Dade County public defender’s office can refuse to represent some clients because of excessive caseloads.”  (Story from the News-Press.)

• 4.13.12 – from the Baltimore Sun: “The Maryland General Assembly passed bills this month that effectively reverse a Court of Appeals ruling that would have required public defenders for indigent defendants at thousands of initial bail hearings held before court commissioners each year. The legislation instead requires lawyers for poor people at reviews of those hearings, which occur less frequently and take place in front of a judge — sometimes days later. That means some of those arrested and denied bail or unable to afford it could spend a weekend or longer in jail awaiting representation.”

• 4.13.12 – not sure if this was a pro bono conspiracy or not, but the local Business Journal publications in DC, Denver, and North Carolina ran articles on pro bono work in their respective communities.  They’re all password-protected, though.  Boo.
  • Denver!
  • North Carolina!
  • DC!

By: Steve Grumm

Happy Friday (the 13th), dear readers.  This week I’ve been thinking about how I’m inspired – not what inspires me, but rather how inspiration strikes me.  The Atlantic is collecting readers’ thoughts on this topic.  My own conclusion is that I’m pretty boring.  Mostly, I’m a linear, process-driven thinker.  “Inspiration” comes after collecting data and viewpoints, consciously and/or subconsciously mulling them over, evaluating alternatives, and then crafting a solution.  If all of those wheels are turning subconsciously and at a quick pace, then I have what feels like an epiphanic moment.  But I still must consciously start the process if I’m to get to that endpoint.   In any case it seems to work for me.

And more importantly, the exercise of thinking about how we are inspired is in itself worthwhile.  By understanding how we work best we can bring those tools and approaches to bear on future problems.  I encourage you to think about your inspiration process (and contribute your thoughts to The Atlantic if you’re so moved).            

Okay, the latest access-to-justice, pro bono, funding, job market, and related news:

• Texas moving toward adoption of standard forms for pro-se, uncontested divorces;
• Minnesota law students are pitching in big-time to narrow the justice gap;
• a class-action lawsuit against a PA county alleges underfunding of indigent defense;
• MassMutual pledges pro bono assistance and funding in the Bay State;
• Community Legal Services of mid-Florida is one fine place to work;
• the “profound transformation” of pro bono over the past three decades;
• gun-totin’ prosecutors in Minnesota;
• pro bon-Oh, Canada;
• Texas high court honored for AtJ commitment;
• more pro bono volunteers in the Volunteer State;
• re-examining welfare reform’s “successes” in a recession’s aftermath;
• spotlight on South Texas College of Law’s Human Trafficking/Immigration Clinic;
• a Wisconsin-based legal services lawyer offers the basics on managing student debt. 

The summaries:

• 4.12.12 – from the Public News Service: “The state Supreme Court is considering whether to make it easier for low-income Texans to handle simple legal cases without hiring attorneys. An advisory committee will be hashing out recommendations Friday in Austin.  At issue is whether to require all Texas courts to accept standardized do-it-yourself legal forms in uncontested divorces.”  The San Antonio Express editorial board favors the move, writing, “Texas is only one of a few states without universal divorce forms. The majority of the 43 states that have adopted the forms also mandated their courts to accept the forms. Texas needs to follow suit.  As Public Citizen and other citizen advocates have noted, many Texans can’t afford the $203 median hourly rate Texas family law lawyers charge, but that should not keep them from having access to the justice system.”  The main argument against: standardized forms could encourage a large number of people to go pro se, and could thus clog up the court system. 

• 4.10.12 – the Minneapolis Star Tribune looks at the “…growing force of Minnesota law students who are wielding more influence in courtrooms as funding for legal aid services declines and economic forces reduce paid clerkships…. The number of law students who [completed a volunteer program via the] Minnesota Justice Foundation (MJF) has grown exponentially, from 43 in 2000 to 287 in 2010. Many…are placed with nonprofits that serve low-income clients. About 19 currently work in public defenders’ offices…”  The piece goes on to cite numbers about funding cuts and job losses in civil legal services.

• 4.10.12 –  in Pennsylvania, the “Luzerne County chief public defender…filed a lawsuit against the county…alleging that a lack of funding and staffing has led to his inability to represent indigent clients. The complaint, listed as a class action, was filed by the [Pennsylvania ACLU] and Dechert LLP in Philadelphia. The ACLU has had similar complaints about the Allegheny County public defender’s office.  Al Flora Jr,, who was named the Luzerne County chief public defender in 2010, stopped accepting new applications for representation on Dec. 19 except in [certain cases].  (Story from the Pittsburgh Post-Gazette.)
  • Update: following the class-action filing on Tuesday, “Chief Public Defender Al Flora Jr. on Thursday filed a motion seeking a court order that would permit him to immediately hire six more attorneys and direct Luzerne County to pay private attorneys to represent indigent defendants who have been denied representation by his office.”  (Story from Wilkes Barre Times-Leader.)

   

• 4.10.12 – in Massachusetts, a locally-based company pitches in to address the justice gap.  From a press release: “Massachusetts Mutual Life Insurance Company (MassMutual) and the Hampden County Bar Association announced today MassMutual’s increased support for the Hampden County Legal Clinic, including a $15,000 grant and additional volunteer support through the company’s in-house legal team.  The grant is also intended to help support the expansion of pro bono activities currently administered by the Hampden County Legal Clinic.

• 4.10.12 – big props to Community Legal Services of Mid-Florida, which is a mighty fine place to work.  “Community Legal Services of Mid-Florida has been named one of the nation’s “50 Best Nonprofits To Work For In 2012″ by The NonProfit Times.  For its third annual list…publication selected nonprofits in three categories: small, medium and large organizations.  Community Legal Services was ranked ninth among medium-sized nonprofits and 18th overall, according to a news release from the Daytona Beach-based nonprofit agency.”  (Story from the Daytona Beach News-Journal.)

• 4.9.12 – the Pro Bono Institute’s Esther Lardent has occasion to look at pro bono’s “profound transformation” in the past three decades.  Pro bono’s evolution toward a sophisticated national movement began with threats to eviscerate Legal Services Corporation funding in 1980 and continued with the institutionalization of pro bono in law-firm (and now in-house) culture.   (This National Law Journal piece is password-protected.)

• 4.9.12 – It’s cold in Minnesota, so now the state’s prosecutors can pack heat.  “Gov. Mark Dayton signed a bill into law…that will allow prosecutors to arm themselves while on duty.  The legislation was drafted after a courthouse shooting nearly killed Cook County Attorney Tim Scannell last December. Previously, a quirk in state law had prohibited prosecutors from carrying weapons while on duty even though no such restrictions were imposed on judges or public defenders.  During debate on the bill, lawmakers were assured that judges will retain the right to ban guns from courtrooms and courthouse grounds.”  (Story from the Minneapolis Star-Tribune.)

• 4.9.12 – Pro Bon-Oh, Canada.  (LOL!)  Help for pro se litigants in Ontario who wish to go to the country’s high court: “Pro Bono Law Ontario (PBLO), in partnership with the Canadian Bar Association (CBA) and the Supreme Court of Canada, launched a new pilot project today to provide free legal services to low-income self-represented Ontarians seeking leave to appeal to the Supreme Court of Canada. Initiated at the Court’s request, the project will help eligible litigants determine the merits of their leave applications and offer assistance to those found to have prospects for success. The volunteer lawyers are former law clerks at the Supreme Court.” (Here’s the full press release.)

• 4.9.12 – everything’s bigger in Texas, including the high court’s AtJ commitment.  “The Texas Supreme Court will receive a 2012 American Bar Association Grassroots Advocacy Award for leading an extraordinary effort to preserve state funding for legal aid programs and also for encouraging support for legal services in other states. The award will be presented April 18 during a reception at the United States Supreme Court.  Last year, the Texas Supreme Court played a key role in obtaining funding for Texas legal aid programs at a time when state-directed support was in serious jeopardy. The…justices lobbied extensively in support of an amendment on a general appropriations bill, which led to $17.6 million in legal services funding from the Texas state legislature.”  (Full ABA release.)

• 4.7.12 -pro bono advocates in Tennessee appear to be answering the call to help overwhelmed legal services providers.  From the Tennessean: “The state Supreme Court requires lawyers to report their pro bono service each year. In 2010, 4,400 more lawyers reported volunteering their time than the year before, a 100 percent increase, according to a commission report that is headed before the Supreme Court later this year.

• 4.7.12 – in 2003, when I was a 3L, I wrote a paper on how the mid-1990s welfare-reform policy changes were faring over time.  One of the main concerns raised by reform critics was that if the economy went south, and welfare recipients ran up against newly-imposed time limits on how long they could receive benefits, thousands of people could fall through the safety net’s holes.  Fast forward to post-recession 2012.  From the New York Times: “Perhaps no law in the past generation has drawn more praise than the drive to ‘end welfare as we know it,’ which joined the late-’90s economic boom to send caseloads plunging, employment rates rising and officials of both parties hailing the virtues of tough love.  But the distress of the last four years has added a cautionary postscript: much as overlooked critics of the restrictions once warned, a program that built its reputation when times were good offered little help when jobs disappeared. Despite the worst economy in decades, the cash welfare rolls have barely budged.”

• 4.7.12 – the Houston Chronicle highlights the work of the Human Trafficking/Immigration Clinic at the South Texas College of Law: “By 2011, the…Clinic had scored some major victories.  [Clinic director Naomi] Bang’s students had helped secure visas allowing 15 Vietnamese human trafficking victims to remain in the country. Second- and third-year law students were clamoring to get into the class, and a long waiting list developed for the 10 coveted spots.

• Writing in the April edition of the Wisconsin Lawyer, 2009 law grad and current legal services lawyer Karen Bauer reviews educational debt relief options and repayment approaches for today’s grads.

By: Steve Grumm

Here’s a nice piece in the Houston Chronicle about the clinic’s work with local immigrants and refugees who may feel trapped between extraordinary hardship both in the US and in their country of origin.

By 2011, the South Texas College of Law’s Human Trafficking Clinic had scored some major victories.

[Clinic director Naomi] Bang’s students had helped secure visas allowing 15 Vietnamese human trafficking victims to remain in the country. Second- and third-year law students were clamoring to get into the class, and a long waiting list developed for the 10 coveted spots.

That fall, three of those places went to Sheridan Green, a clean-cut father and husband from St. George, Utah; Jamie Lauren Morrison, a former eighth-grade teacher from suburban Cy-Fair; and Sharon Sulami, the Houston-raised daughter of Israeli immigrants.

By: Steve Grumm

Happy Friday, dear readers.  It pleases me to report that the Glorious Philadelphia Phillies Baseball Franchise is undefeated this season, having shut out the Pirates of Pittsburgh yesterday.  While we’re talking baseball, I encourage you to check out the artwork of Will Johnson.  Johnson, who is steeped in baseball history, produced a series of paintings that profile some of the game’s most fascinating and impactful personalities, like this one of Cubs great Mordecai Brown.  (That’s for you, Mr. Glaves.)  Johnson is also the frontman of Centro-matic, a great rock band out of Denton, Texas.

This week in access-to-justice, pro bono, and related public interest news:

• sharing the wealth across counties to fund indigent defense in Nebraska;
• making the business case for nonlawyer professionals to provide pro bono services;
• the early end of the Cincy defender’s tenure;
• the Wash. State Bar Association’s “Moderate Means” program provides sliding-scale legal help to the (not quite) poor by partnering with the state’s 3 law schools;
• the Virginia Legal Aid Society is charting a course to maximize services with less anticipated future funding;
• how law student pro bono is done by those hippie kids in Berkeley;
• the Early Resolution Project in Alaska seeks to make the legal dimension to divorces quick, inexpensive, and as pain-free as possible;
• more nonlegal pro bono, this time focusing on the value of “secondment” projects;
• the Media Access Project will soon cease to be;
• a New Hampshire lawmaker opposes the state’s move from a voluntary to mandatory IOLTA jurisdiction.
• the Illinois AG and defender press for funding to boost attorney salaries.

The summaries:

• 4.5.12 – a Nebraska state legislator has withdrawn a bill that would have diverted funds away from indigent defense in rural counties.  (Story from the Omaha World-Herald.) 

• 4.5.12 – a Taproot Foundation blog post explores the business case for pro bono, with a focus on how pro bono provides experiential learning opportunities.  But here, we’re dealing with pro bono by nonlawyer professionals who offer free technical and strategic planning assistance to nonprofits.  Recently I’ve seen more and more coverage of “nonlegal pro bono.”  This probably speaks to 1) the increasing sophistication of the Corporate Social Responsibility (CSR) movement, and 2) the post-recession need among resource-strapped nonprofits for free professional services.   

• 4.4.12 – the rocky tenure of Cincinnati’s public defender came to an early end after a report pointed to an abrasive management style and failure to inspire trust among staff.  Full story from the Cincinnati Enquirer.

• 4.4.12 – the Washington State Bar Association’s Moderate Means “low bono” program: “Washingtonians of moderate means now have a better chance of getting legal representation when they need it.  More than 350 lawyers have volunteered to adjust their fees on a sliding scale to accommodate people who are neither rich nor poor. The attorneys are part of a partnership between the Washington State Bar Association (WSBA) and the state’s three law schools….  People are eligible for the Moderate Means Program if their household income is between 200 percent and 400 percent of the federal poverty level for their family size. That would be household incomes between $45,622 and $91,244. The bar association said that includes about 30 percent of Washington households.”  Full piece in the Seattle Times.  And here’s more from the Seattle Business Journal.

• 4.4.12 – “Because of federal budget cuts, the Virginia Legal Aid Society needs help to determine how best to use limited resources to help residents.  While more low-income residents in Danville and Southside need free civil legal services every year, Legal Aid revenues have declined by about 20 percent in the past two and a half years, said VLAS Executive Director David Neumeyer. Next year, Legal Aid faces a deficit of $500,000 for a $2.6 million budget. Without significant help, the nonprofit law firm would need to reduce staff or close an office next year, he added.”  VLAS is seeking community input as it charts a course forward.  (Story from Roanoke-based WSLS.)

• 4.4.12 – law student pro bono. The ABA Center for Pro Bono’s blog features a guest post from our friend Sue Schechter (Hi, Sue!) of Berkeley Law.  Sue reviews Berkeley’s law student pro bono program, a model that provides staff and academic support to students but that also allows much autonomy as students make their own volunteer commitments with local agencies.  This latter dimension reflects the fact that pro bono at Berkeley law has historically been a student-run initiative. 

• 4.4.12 – the Early Resolution Project set up by an Alaska judge uses pro bono attorneys to help bring about amicable – and brief – divorce resolutions.  The underlying philosophy is that the longer divorces stay in litigation, the more painful and financially draining they are likely to be for the parties.  So brief, low-stress proceedings are the ERP’s goal.  Here’s the story from Alaska Public Radio and NPR.

• 4.3.12 – more nonlegal pro bono.  Global public relations outfit Ketchum blogs about the advantages of pro bono “secondments,” through which Ketchum professionals are embedded within a nonprofit organization to provide pro bono services for a period of time.  This pro bono model is of course not new to the law firm world, but it is still interesting to see how and why pro bono work is structured in other professions.   

• 4.3.12 – “The Media Access Project announced on Tuesday that it will be shutting down its operations in May because of funding difficulties.  The public interest law firm said its board has decided to suspend operations on May 1 because of the ‘difficult funding environment facing MAP and other progressive public interest groups.’  The group was founded in 1973 and represents clients that promote the free flow of information and free speech and diversity in electronic and other forms of new media.”

• 4.3.12 – in the recession’s wake New Hampshire’s high court converted the state’s IOLTA program from voluntary to mandatory in order to boost funding for beleaguered legal services providers.  One state legislator, attorney Gregory Sorg, is proposing a bill to undo this change and return to a voluntary program.  “’I moved to New Hampshire because this was the one state left in the Northeast where a person could own his own soul’, says [Sorg]…. But to [New Hampshire Legal Assistance exec. director John Tobin,]…Sorg’s focus on the principle of the issue ignores the very real consequences.  ‘Even if we lose the funding that costs us one lawyer or one paralegal, that means that several hundred New Hampshire people will not have an advocate,’ says Tobin. ‘And that means that some of them will lose their housing, some of them won’t get health care, some of them won’t be able to escape from domestic violence’.”  Story from New Hampshire Public Radio.

• 3.30.12 – In Illinois, the AG and state public defender pressed for higher salaries during budget hearings in the state senate.  (The Chicago Daily Law Bulletin article is password-protected.)

By: Steve Grumm

That kind of rhymed.  Anyway, from the Washington Post:

The burden of paying for college is wreaking havoc on the finances of an unexpected demographic: senior citizens.

New research from the Federal Reserve Bank of New York shows that Americans 60 and older still owe about $36 billion in student loans, providing a rare window into the dynamics of student debt. More than 10 percent of those loans are delinquent. As a result, consumer advocates say, it is not uncommon for Social Security checks to be garnished or for debt collectors to harass borrowers in their 80s over student loans that are decades old.

That even seniors remain saddled with student loans highlights what a growing chorus of lawmakers, economists and financial experts say has become a central conflict in the nation’s higher education system: The long-touted benefits of a college degree are being diluted by rising tuition rates and the longevity of debt.

Some of these older Americans are still grappling with their first wave of student loans, while others took on new debt when they returned to school later in life in hopes of becoming more competitive in the labor force. Many have co-signed for loans with their children or grandchildren to help them afford ballooning tuition.

As noted, some of this debt was incurred by parents and grandparents who co-signed on others’ education loans.  Nevertheless this story offers a helpful scare about how even our own “first generation debt” can hang with us if we don’t borrow wisely and take full advantage of repayment solutions.  You can learn more about solutions/resources through folks like Heather Jarvis and the people at Equal Justice Works.

Photo Credit: ChicTraveler website

By: Steve Grumm

Happy Friday, dear readers.  The Spring Equinox has…equinoxed, and with it come Washington DC’s cherry blossoms.  The annual explosion of cherry blossoms, tulips and other cheerful-looking flora has become one of my favorite observances in almost six years of DC residency.  This year marks the 100th anniversary of the planting of two cherry trees just off the tidal basin which sits between the National  Mall and Potomac River.  As for the public interest funding news… 

This week:

• private seed funding for a new diversionary program serving at-risk offenders in Philly;
• a group antagonistic towards LSC enters the appropriations debate;
• Florida’s family lawyers fork over $ to support legal services for children;
• indigent defense funding in Maine needs a boost;
• some judges in Houston aren’t referring cases to the newly created PDs office;
• fiscal woes for Pelican State public defense offices;
• LSC president talks about funding, using technology, and his career path while speaking in NY;
• the DC Bar Foundation awarding over $3 million in grants to local providers;
• the importance of boosting state funding for legal services in Florida;
• a new federal defender’s office in the W. District of Arkansas will open….whenever it gets funding;
• UVA law students volunteered about 10,000 hours over the recent winter break.

Here are the summaries:

• 3.22.12 – a public-private partnership including the Philadelphia DA’s office, the local defender’s office, and two charitable foundations has launched “The Choice is Yours,” a diversionary program that will offer education and other supports for at-risk offenders to help them avoid future criminal activity and offer opportunities to better their education and income prospects.  No tax dollars are used to fund the program.  The story notes that participants in a similar program in San Francisco have a recidivism rate of 10%, compared with a 54% recidivism rate for other offenders.  (Story from the Philadelphia Inquirer.) 

• 3.22.12 – the National Legal & Policy Center, a small-government-minded watchdog group which has long been critical of the Legal Services Corporation, has entered into the LSC appropriations fray with “What the Legal Services Corporation Doesn’t Want Congress to Know.” 

• 3.21.12 – the Florida Bar’s family section donated $75,000 to support legal aid for Children in the Sunshine State.  (Story from the Sunshine State News.) Between IOLTA revenue shortfalls and other funding cuts, Florida’s legal services programs have been among the hardest hit in the Great Recession’s aftermath.

• 3.20.12 – from the Maine Public Broadcasting Network: “The state commission that provides legal services to the poor may run out of money for court-appointed lawyers six weeks before the fiscal year ends June 30. The latest projected budget shortfall for the Maine Commission on Indigent Legal Services may delay payments to the lawyers who represent low-income clients.  The commission requested $1 million in the state’s supplemental budget, an amount that was reduced to $400,000 in the budget proposed by Gov. Paul LePage.”

• 3.20.12 – Houston launched a public defender’s office for the first time in 2011, but some local judges are still referring cases through the old appointed counsel system rather than using the defender.  Is this force of habit?  A form of protest at the decision to move away from the appointed counsel system?  Are politics involved?  It is alleged that the local Republican Party sent a letter to judges urging them not to use the defender’s office.  (Story from Fox 26.)

• 3.19.12 – in Louisiana, the Daily Iberian looks at fiscal woes of Pelican State public defenders’ offices.  

• 3.19.12 – while in Rochester, NY, Legal Services Corporation president Jim Sandman praised New York’s Chief Judge’s efforts to promote access to justice, looked at the state of legal services funding generally, highlighted the effective use of technology in serving clients, and talked about his motivation for leaving law-firm practice for the “best job in American law.”  (Story from the Daily Record.) 

• 3.19.12 – some good AtJ news on the local front.  The DC Bar Foundation is awarding over $3 million in grants to local service providers, according to the Blog of the Legal Times.  This amount is slightly up from last year’s awards.  The Bar Foundation administers funds appropriated by the DC city council, runs the District’s IOLTA funding program, and conducts other fundraising initiatives to raise money for the legal services community. 

• 3.19.12 – an editorial in the Lakeland Ledger urges Florida Gov. Rick Scott to include civil legal aid funding the in the forthcoming budget.  

• 3.18.12 – the go-ahead’s been given to open a new federal defender’s office that would operate in the Western District of Arkansas.  But this development has to wait for funding to materialize.  From the AP: “Available funding from the government will determine when the federal court system’s western Arkansas district can establish its own federal public defender office.  The 8th U.S. Circuit Court of Appeals in August approved a request from then-Chief Judge Jimm Larry Hendren that the Western District be allowed to open such an office.”  

• 3.17.12 – UVA Law students did some serious volunteering between semesters.  From the Daily Progress: “Students at the University of Virginia School of Law volunteered a record number of hours of pro bono work over winter recess. More than 200 students donated their time and legal services, logging about 10,000 hours in less than a month.” 

Registration is now open for the Washington Council of Lawyers and Arnold & Porter’s annual Litigation Skills Training on May 17 & 18.

Litigation Skills Training is a two-day course that provides a combination of lecture presentations and on-your-feet skills practice.

Topics covered include:

• opening & closing statements
• evidence & impeachment
• direct & cross examination

Registration for the full two-day course for public interest attorneys is $60 (council members) or $90 (non-members). For private attorneys, registration is $90 (council members) or $150 (non-members).

For more details, see the Washington Council of Lawyers website.