By: Maria Hibbard

We’ve all heard the call for more “realistic” education experiences while in law school – but two recent reports show that these rallying cries are actually having an impact on both the number of “practical skills” courses available and the number of students that take advantage of these opportunities. WSJ Law Blog reports on ABA research on practical courses:

Seventy-six percent of law schools surveyed said they have modified their course offerings to adapt to the job market for lawyers and are trying to incorporate more clinics, simulations and externships, the National Law Journal reported.

“The survey responses reveal a renewed commitment by law schools to review and revise their curricula to produce practice-ready professionals,” Hulett “Bucky” Askew, the ABA’s consultant on legal education, told NLJ. “The report illuminates the extent to which faculties and administrators have responded to the evolving needs of their students and to changes in the legal services industry.”

The majority of schools — 87% according to the survey — now offer joint degrees, with J.D./M.B.A. being the most common.

In 2010 and 2011, NALP also conducted research on the number of attorneys that had taken practical skills courses while in law school – and categorized them by their self-reported “usefulness” and current job type of the attorneys completing the surveys. The most common practical skills course was trial advocacy, followed by appellate advocacy and negotiation. The 2010 survey focused on law firm attorneys, while the 2011 survey focused on attorneys in government and the nonprofit sector. This latter group had participated in more practical skills courses and experiences, and found them to be more useful than law-firm attorneys. Many attorneys, regardless of practice area, reported their clinical experiences to be very valuable. This trend, combined with ruminations about mandatory pro bono programs, is encouraging – with the increased availability of practical skills courses while in law school, more law students can develop more employable skills, and will be ready to hit the ground running after graduation and the bar exam.

Whether or not you’re going on any hiking trips this summer, the trail is not the only pathway you need to keep your eye on;  now, the federal government has their own “pathway.”

A few weeks ago we outlined the ways that federal hiring will change via the new Pathways program created by an executive order in 2010; as of today, the new “pathway” to federal employment is in effect. It will take a while to for jobs to become available under this new program, however; if you visit usajobs.gov/studentsandgrads, the opportunities will be posted as they become available. Check PSLawNet and USAJobs for postings throughout this hiring season!

By: Steve Grumm

Credit: philly.com

Happy Friday, dear readers.  And happy Independence Day weekend.  I had an opportunity, yesterday, to live my patriotism. I had jury duty!  And although I thanked them privately, I wish to give a shout-out to the staffers who run D.C. Superior Court’s jury selection program.  They were kind, professional, and actually quite funny.  They knew how to keep a room full of impatient people calm.  Thanks, again. 

New Year’s resolutions are standard fare nowadays.  What I don’t understand is why folks don’t use Independence Day as a chance to lead their own, personal revolts – to declare independence from whatever in life may be hindering them.  For instance, on or around July 4, 1989 I declared independence from vegetables.  That didn’t stick.  Turns out a prerequisite for that would have been declaring independence from my mom.  But nowadays I’ve got more independence to declare my independences.  This year I’ve declared independence from people who treat strangers rudely.

Twice recently I’ve had to endure an adult belittling a service worker – once in an airport and once in a coffee shop.  I was behind these two people in line as they threw temper tantrums.  I’m a conciliator by nature.  So I’m often inclined, when these kinds of people – as they invariably do – turn around and look for affirmation from those around them, just to smile a thin-but-polite smile in hopes that it calms them down.  But I was so astonished at the airport person’s behavior that I realized the last thing I should be doing, even if passively, is affirming the behavior.  So I met this person with a blank stare.  And when he tried to elicit my support I continued staring but didn’t reply.  Ultimately he turned back around and became quiet.  I no longer wish to suffer adults who behave like children.  So I’ve declared independence from them. Feels good.

I’ve also declared independence from kale.

On to the access-to-justice news.  This week in very short:

•  NJ law school clinic not subject to state’s open-public-records law;
• Massachusetts prosecutors getting a pay bump;
• Using Groupon to pay for civil legal aid;
• when judges push plea deals, it may thin out the docket, but at what cost to defendants’ rights?;
• Legal Services of New Jersey levels criticism at a state bar pro bono blueprint;
• a kerfuffle over how indigent-defense contract lawyers are paid in Miami-Dade;
• from Michigan: should defenders working with special-needs clients be trained specialists?;
• a look at the forthcoming LSC appropriation battle;
• Wyoming Center for Legal Aid, chartered in 2010, slow to get operating;
• how funding cuts have affected indigent defense programs throughout the Sunshine State;
• Virginia legal services community rolls out a high-tech, online pro bono clearinghouse;
• state funding cuts to legal aid will continue through the Garden State’s next budget cycle;
• Massachusetts prosecutors and defenders who are benefitting from John R. Justice Act LRAP funds can re-up this summer;
• differing points of view about Washington State’s newly imposed indigent defense caseload limits;
• the AmLaw pro bono report, 2012.

This week in less short:

• 7.5.12 – law school clinic not subject to state’s open public record law: “The developer of an outlet mall in Sussex County can’t get records from a Rutgers University law clinic that represented two groups seeking to block its construction, the state Supreme Court ruled Thursday. The ruling says the Rutgers Environmental Law Clinic, a training ground for Rutgers law students that handles cases for little or no cost, is not subject to the state’s public records law. The decision was praised by the law school and environmentalists who said it would combat “witch hunts” against those seeking help to protect the environment. The developer’s attorney said the developer should have been allowed to see who was behind the opposition to the project, which has won local approval but has yet to be built.”  (Story from the Star-Ledger.)

• 7.5.12 – short and sweet salary news out of Massachusetts: “The $32.5 billion state budget approved last week by the Legislature includes 5 percent increases for all the state’s district attorneys…”  (Story from South Coast Today.)  

• 7.3.12 – using the Groupon system to support a free legal advice clinic in Maryland: “Free legal advice is being offered to low-income residents in Maryland through a partnership between the JustAdvice Initiative and Groupon Grassroots, the philanthropic arm of Groupon.  JustAdvice, run by Civil Justice Inc. and the University of Maryland School of Law, has been offering low-cost legal consultations in areas such as family law, housing, employment and criminal matters since 2009 and is staffed by student attorneys and volunteer lawyers. The goal is to offer a low-cost alternative for those who do not qualify for Legal Aid but can’t afford to hire a private attorney….  Groupon subscribers can pledge support for the initiative in increments of $10 on the Baltimore Groupon Grassroots page through July 8. Each $10 donation goes toward legal advice for one person.”  (Story from the Baltimore Sun.) 

• 7.3.12 – an examination of conflicting justice-system values when courts try to promote docket efficiency by encouraging arraignment pleas from defendants who have limited access to counsel: “More than eight of 10 cases in Northampton County are now resolved at arraignment, through guilty pleas or applications for first- or second-offender programs. It’s an approach the county embraced two years ago to address a packed docket in which cases were being delayed month-to-month without resolution.  It is heralded by court administrators for saving time and effort and easing jail crowding, and by some defense attorneys for the deals it offers. But it also has critics in the legal community who say it can trample on defendants’ rights by pushing a rush to judgment.”  (Story from Pottstown Mercury.)

• 7.3.12 – some pro bono drama in the Garden State: “A New Jersey State Bar Association task force proposing to raise the roof on pro bono legal efforts is meeting opposition from an unlikely quarter — Legal Services of New Jersey, the state’s largest pro bono provider. In a…report titled “Closing the Justice Gap,” the task force recommends a raft of measures, including establishment of a judiciary commission; creation of a statewide pro bono web portal; allowance of CLE credit for pro bono work; and clarification and expansion of what qualifies for exemption from mandatory pro bono service. But LSNJ has decried the recommendations as the product of a one-size-fits-all approach that fails to assess the most pressing legal needs of the poor and the real obstacles to meeting those needs, including the economic realities at small and solo firms and the pressure at larger ones to rack up billable hours.  (Here’s the story from the New Jersey Law Journal.  Here’s a video clip from the state bar regarding the “Closing the Justice Gap” report.)

• 7.2.12 – a kerfuffle over how indigent-defense lawyers re paid in Miami-Dade: “A new system aimed at limiting fees paid to court-appointed lawyers violates the U.S. Constitution and means poor defendants will get only ‘token representation’ by underqualified and overwhelmed lawyers, according to legal actions filed Monday…. The Miami branch of the Florida Association of Criminal Defense Lawyers filed an official objection and a request to the state’s Supreme Court trying to halt the ‘Limited Registry,’ a new system passed by lawmakers and set to begin July 1.  The new law creates a voluntary pool of lawyers who get first crack at receiving clients who, because of ethical conflicts, cannot be represented by the Public Defender’s Office or a second state-funded defense firm. Right now, private lawyers who represent indigent clients can earn up to $75 an hour on time-consuming criminal cases. But lawyers in the new pool will only receive a flat rate of between $750 to $2,500 on cases depending on the degree of the felony — with no chance to earn more money.”  (Full story from the Miami Herald.)

• 7.2.12 – indigent defense news out of Michigan: “State lawmakers are in the process of drafting legislation to make sure people who cannot afford attorneys get adequate legal representation in criminal court. One of the complaints about Michigan’s system is it does not ensure public defenders have the skills and experience they need to properly represent their clients.  State Senator Bruce Caswell served on the governor’s commission on indigent defense. He says the system has to recognize the special needs of defendants who are children or people with mental health issues.” (Story from Michigan Public Radio.)  

• 7.2.12 – “Once More, LSC Budget a Risk,” a piece in the National Law Journal, looks at the impending LSC appropriations battle, and highlights the impact that last year’s appropriation cut has already had on grantees throughout the country.  (The article’s password-protected, but if you can track it down I recommend the read.  It’s a good “where things stand now” piece. )

• 7.2.12 – in 2010, at the behest of the state’s judicially created access-to-justice commission, the Wyoming legislature enacted a measure to create the Wyoming Center for Legal Aid in order to buttress funding for legal services in the Cowboy State.  While the organization was supposed to begin operating in 2011, to date it is still building an infrastructure.  Critics – including the state’s LSC-funded provider, Legal Aid of Wyoming, are restless, while proponents argue that moving slowly is the best course. Story from the Casper Star-Tribune.

• 7.2.12 – here’s an overview of how funding cuts have impacted various public defense programs in Florida.  (Story from the Daytona Beach News-Journal.)

• 7.1.12 – Virginia’s going high-tech with its new statewide pro bono clearinghouse system: “Virginia’s system of providing free legal services to the poor is expected to improve significantly with a new online case management system that makes a limited debut Monday.  Justice Server eventually will allow lawyers throughout the state to log onto their office computer and select a free or “pro bono” case that’s fed into the system by legal aid organizations. Lawyers will be able to instantly search for the type of case they are interested in handling — uncontested divorce or landlord-tenant disputes, for example — and will have access to the entire case file with the click of a mouse.  Steve Dickinson, executive director of the Central Virginia Legal Aid Society, said the system will replace cumbersome and time-consuming procedures “based on technology that peaked sometime in the 1970s.”  (Full story from the Richmond Times-Dispatch.)
  • This raises an interesting-but-off-topic question for me: what, if any, technology that peaked in the ’70s is still holding out today?

• 7.1.12 – state funding cuts to legal services continue in the Garden State.  “Though the governor added $600,000 in the fiscal 2013 budget for clinical legal programs for the poor administered by the law schools at Seton Hall and Rutgers in Camden and Newark, he cut $5 million for civil legal services. And he vetoed a Democratic bill that would have given $10,000 and a stable funding source to Legal Services of New Jersey. The organization represents low-income residents and lost $10,000 of its funding via Christie’s veto pen last year.” (Story from the Philly Inquirer.)  

• 6.29.12 – Massachusetts prosecutors and defenders who are benefitting from the John R. Justice loan repayment program should look into re-upping.  Applications are due on 9/7, according to this announcement.

• 6.29.12 – “Shocking cases of inadequate public defense in Washington [State] have led the state Supreme Court to take an unusual step. The high court has imposed a mandatory cap on the number of cases lawyers for the poor can take. You might assume public defenders would be cheering – finally they’re going to get relief. But in fact some lawyers are downright offended and angry.”  By “public defenders,” the piece is referring to attorneys who take indigent defense cases on a contract basis – and who stand to lose revenue because of what they see as one-size-fits-all caseload caps that they could safely exceed without diminishing they quality of their representation.  (Story from Northwest Public Radio.)  

• 6.27.12 – The American Lawyer’s 2012 pro bono report is out: “For the first eight years of this century, The Am Law 200’s pro bono performance traveled in one direction: up. Between 2000 and 2008 average pro bono hours per lawyer swelled by more than 65 percent. Then the recession hit, marking the beginning of a persistent decline. In 2011 average hours fell to the lowest level in more than three years, with the percentage of lawyers who did more than 20 hours of pro bono work plunging to 43.5. Today, the future of pro bono looks a whole lot murkier than it did just a few years ago. While a recovering economy could lift pro bono work back to boomtime levels, it’s just as likely that changes in law firm staffing and an increasing fixation on cost control could depress pro bono hours for years. At the same time, innovative uses of technology and partnerships with clients could amplify firms’ efforts—a textbook case of doing more with less.”  

Super Musical Bonus.  Given not only the recent fireworks, but also the extraordinary heat-wave so many of us are enduring, a song called “July Flame” seems appropriate.  So here’s July Flame from Laura Veirs of Portland, Oregon.

By: Maria Hibbard

If you log on to Groupon’s Baltimore deals sometime before Saturday, you won’t find “A Luxurious Spa Package for Two” or a “$20 for $40 worth of Asian Fare” deal (although those are the best!) – you’ll find a chance to give $10 towards the JustAdvice Clinic, a low-cost legal services program operated by The University of Maryland.

Although JustAdvice aims to provide low cost legal services to those who need brief advice for their legal issues, the clinic has partnered with Groupon Grassroots for a campaign to raise at least $300 to provide free legal services to at least 30 people. The campaign doesn’t proceed unless at least 30 people donate; as of Thursday morning, though, “the deal is on” because over 50 had bought the deal.

The JustAdvice clinic and the Groupon campaign highlight a number of ways in which community advocating for civil justice can be proactive in the wake of the recession. With “brief advice” clinics at a cost of $10, the clinic addresses the needs of people who may find themselves not able to qualify for pro bono services at legal aid organizations (because of income restrictions), but not able to afford a private attorney. The clinic empowers those who may be in this position to take the next steps in accessing legal resources or provides assistance in thinking about how to proceed pro se. With the Groupon Grassroots campaign, the clinic knocks the $10 cost down to zero for a portion of its clients while using the power of collective action via technology. And although the JustAdvice clinic does not provide continuing legal services to its clients, it does serve another purpose. In the clinic, University of Maryland law students and recent grads get the chance to gain hands-on clinical experience in the midst of a tough job market.

From the looks of it, you’re not going to get a better find on Groupon if you’re an advocate for civil justice – and there’s only 3 days and 11 hours left to get the deal!

By: Steve Grumm

Happy Friday, dear readers.

Let’s immediately get the SCOTUS stuff out of the way.  My colleague Maria summarized the recent blockbuster decisions here.  (And SCOTUSblog has their as-always nuanced coverage.)  With that done…

There is a good deal of recent news about the fiscal challenges confronting state and local governments.  Layoffs are very much in the spotlight.  There is not good data on how many lawyer positions have been impacted so far during this period of post-recession fiscal reckoning.  Anecdotally, we know that many state/local government law offices are smaller than they were five years ago.  And on another front, this fiscal news can’t be good for legal services organizations which rely – or relied – on state grants. Let’s look at what the news is telling us:

•  the New York Times reports: “Companies have been slowly adding workers for more than two years. But pink slips are still going out in a crucial area: government…. Government payrolls grew in the early part of the recovery, largely because of federal stimulus measures. But since its post-recession peak in April 2009 (not counting temporary Census hiring), the public sector has shrunk by 706,000 jobs.”  On the state level, while revenues are back up there is fiscal angst about impending pension obligations.  Municipalities are up a creek, with property values – property taxes being the municipal bread and butter – having declined so precipitously.
• the Wall Street Journal explores how state and local funding is likely to shape up over the next few years: “Forecasting firm Macroeconomic Advisors projects state and local government spending and investment will fall to about 10% of GDP by 2020, which would be the lowest level since the mid-1960s…. State and local government has subtracted from U.S. economic growth in every quarter since the middle of 2010.  Their 11.9% share of 2011 GDP was the the lowest since 2006….Much like the taxpayers they serve, these governments are going to be saving more.”
• Sign of the times: Stockton, CA, a city of ~300,000 people, is going into bankruptcy.   

Unrelated: here’s yet another report on The Millennial Generation.  (I don’t remember being the object of such scrutiny as a Gen Xer, maybe because social scientists were about as interested in us as we in them.  We were invisible, latch-key kids even to researchers.  Hah.)  The 2012 Millennial Impact Report looks at the generation’s attitudes towards engaging the nonprofit community.  Tip of cap to the ABA’s Cheryl Zalenski, who via Twitter brought this to my tweetention.  Wow.  First and last attempt to coin a Twitter word.  Already embarrassed.  

This week in access to justice (or lack of):

• indigent defense funding in Guam (yep, Guam);
• Biglaw pro bono down
• in CA, San Jaoquin County’s budget for prosecutors and defenders is leveling after years of cuts;
• the rising cost of indigent defense in the Hawkeye State; 
• a recent LSC summit about using technology to promote access to justice;
• from Indiana, a look at the county-state push-pull over indigent defense funding;
• funding to the rescue for the cash-strapped NOLA public defender;
• with newly imposed caseload guidelines, Washington St. cities must figure out indigent defense funding;
• “Pro Bono Partnerships Between In-House and Outside Counsel – Why Everyone Wins”
• the Volunteer State sees a volunteer lawyer uptick;
• maybe a new funding stream for Legal Services of New Jersey;
• the impact of LSC cuts on Central PA legal services programs;
• push for public defender pay boost in Philly;
• Michigan commission says, “Change the public defense system.”
• Montana’s public defense program needs more state funding;
• Super Musical Bonus

The summaries:

• 6.29.12 – the public defender in Guam is advocating for a budget boost to ensure his office effectively serves clients.  Money quote from Public Defender Services executive director Eric Miller as he made his case to local appropriators: “We want to be careful shepherds of your resources, but we also need to be careful shepherds of the constitutional rights of our clients,” Miller said. “Every law office needs training for their staff, and that is why we put it in the budget.”  (Story from the Pacific Daily News.)

• 6.28.12 – AmLaw data suggests Biglaw pro bono is flagging: “Large law firms’ pro bono work continued to drop last year, both in terms of hours per lawyer and number of lawyers contributing 20 hours or more. Behind the decline are structural changes which suggest that a turnaround may not come anytime soon, according to the new report on the Am Law 200 in the July/August issue of ALM’s The American Lawyer and online at americanlawyer.com.  Average pro bono hours per lawyer fell to 54.3 last year, down almost 12 percent from a 2009 peak, while the percentage of lawyers contributing 20 hours or more dropped to 43.5. Of the 169 firms responding to the survey, nearly two-thirds had a lower pro bono score than the year before.” (Here’s the article from Marketwatch.) 

• 6.28.12 – Stockton’s bankruptcy notwithstanding, the county it sits in, San Jaoquin, may see leveling funding for prosecutors and defenders after years of cuts: “For five years, budget cuts have nipped away at the number of people working in San Joaquin County’s criminal-justice system.  County government has cut more than 30 percent of the positions in the District Attorney’s and the Public Defender’s offices.”  Indeed, the public defender looks to be hiring.  “The Public Defender’s Office was expected to add two positions before the board agreed to add about $646,000 to raise that number by four.”

• 6.28.12 – this piece looks at the rising cost of indigent defense in Iowa, and the question of whether there are ways to better manage those costs.  There is a quite a bit of focus on whether some defendants who are assigned public defenders are actually incapable of paying for their defense.    (Story from the Gazette.) 

• 6.27.12 – LSC’s recent technology summit: “LSC convened the 2012 Summit on the Use of Technology to Expand Access to Justice on June 21-22 in Silver Spring, Md.  Nearly 50 participants – including technology experts, academics, private practitioners, representatives of legal services programs, courts, and governmental and business entities – were invited to explore the potential of technology to move the United States toward providing service of some form to all with a legal need.   This gathering, the first of two planned in 2012, focused on development of ideas.  A follow-up, tentatively planned for the fall, will focus on implementation.  Fourteen white papers were produced in advance of the summit and were used to focus the discussion.  They will be published, some in print and the rest online, by the Harvard Journal of Law & Technology.”  (Here’s more on LSC’s website.)

• 6.26.12 – in Indiana, an op-ed looks at some of the factors influencing the fiscal push-and-pull as county and state governments endeavor to fund indigent defense programs.  (Op-ed in the Star Press.)

• 6.26.12 – some funding comes to the rescue for the NOLA defender’s office: “The Orleans Parish public defender’s office will soon restore services slashed during a budget fiasco in February, partly thanks to recent increases in fees that criminal defendants, traffic violators and seat belt scofflaws pay along with their fines…. The moves signal some stability — though at a far lower budget — for an office that has faced criticism for spending well beyond its means and waiting too long to cut costs.  The bloodletting in February, which created what Criminal District Court Judge Arthur Hunter labeled a “constitutional emergency,” eliminated more than 20 lawyers, including many of the most experienced attorneys in the office, and a half-dozen investigators and staffers.”  The office will actually be hiring some lawyers now that funding circumstances ahve changed. (Article from the Times-Picayune.) 

• 6.25.12 – “Officials in cities across Washington state say that even as they’re trying to find ways to cut budgets, new guidelines from the state Supreme Court will force them to cough up more money for people who are accused of crimes but can’t afford their own attorneys.  By a 7-2 vote this month, the justices adopted new case limits for public defenders — lawyers appointed to represent poor defendants. The standards say that beginning in September 2013, public defenders should not handle more than 300 to 400 misdemeanor cases or 150 felony cases a year, limits designed to make sure the lawyers have enough time to devote to their clients and ensure those defendants are getting their constitutional right to an attorney.”  (Read reactions from city officials and attorneys in the full AP article.)

• 6.25.12 – A piece entitled “Pro Bono Partnerships Between In-House and Outside Counsel – Why Everyone Wins” looks at the legal industry’s and corporate America’s general views of pro bono; how law firms and corporations can work together to grow their pro bono programs; and why individuals, businesses and the general public benefit from pro bono partnerships….  Lawyers must continue to view pro bono as an integral part of their professional responsibility. Moreover, serving others who may be less fortunate “makes for a better company and better life,” as noted in AmLaw Daily’s recent piece entitled “The Purpose-Driven Firm.” What that means is that law firms will benefit by ensuring that pro bono is a vital part of their business plans and practices, but equally important, its lawyers will take great satisfaction in doing the right thing while enhancing their legal skills.  (Full article in the Metropolitan Corporate Counsel.)

• 6.25.12 – pro bono’s on the rise in, appropriately, the Volunteer State: “The Board of Professional Responsibility released data showing that more than 46 percent of Tennessee attorneys reported performing free (“pro bono”) legal work for deserving Tennesseans, an increase of six percent from last year. This is the highest percentage of pro bono reporting since attorneys began to voluntarily report pro bono in 2009 and more than twice the level of reporting during the initial year. The figure released does not include attorneys who that have yet to renew their licenses and report hours.”  (Full story in the Chattanoogan.)

• 6.25.12 – Legal Services of New Jersey has been hard hit in the recession.  So this potential good news must be welcomed: “People would pay more in fees to cover upgrades to the state’s court system and legal services for the poor under a bill that won final passage approved in the Senate today.  The bill (A763) would raise $27.1 million through the fees. The state Supreme Court would decide which fees would increase and by how much, though no single fee hike could exceed $50. Legal Services of New Jersey, a nonprofit organization that represents indigent clients in civil cases, would get $10.1 million from the fee hikes.”  (Full story at NJ.com.)   

• 6.25.12 – this piece in the Altoona Mirror looks at the impact of LSC funding cuts on Central Pennsylvania legal services providers, includine Laurel Legal Services and MidPenn Legal Services.

• 6.24.12 – pay parity!  “An experienced assistant [DA] in Philadelphia, one with seven years on the job, can make $65,000 yearly.  A public defender with exactly the same experience makes a lot less: $51,500.  To close these sorts of gaps and to fill two dozen vacancies, the Defender Association is playing hardball with the Nutter administration, which funds the office.  Unless the city gives the association more money, it says, as of July, it will no longer staff three of Philadelphia’s 67 criminal courtrooms and cut back staffing in a fourth courtroom.”  (Story from the Philadelphia Inquirer.)

• 6.23.12 – “The state should establish uniform standards for court-appointed attorneys because counties have failed to provide adequate defense, according to a governor’s commission report released Friday.  The Indigent Defense Advisory Commission, established by Gov. Rick Snyder in October, determined Michigan’s county-based system has resulted in an “uncoordinated, 83-county patchwork quilt” of public defense systems that has failed to provide adequate legal defense for people who can’t afford a lawyer. According to the report sent to Snyder and legislative leaders, a 13-member state commission should be formed to establish standards for indigent defense and to oversee the quality of the county-based system.  The commission also recommended the Legislature supplement county-based funding where necessary.” (Here’s the Detroit News article, and here’s the report of the Indigent Defense Advisory Committee.)

• 6.21.12 – in Montana, “The State Public Defender’s Office continues to tell state lawmakers it needs more money. “A legislative committee heard a report today outlining how the office is short on resources. The public defenders will have to compete with many other requests for a piece of the state’s projected budget surplus…. Several Republicans on the committee also called for the Public Defender’s Office to start charging a small fee to those using the service as a way to raise funds—say $10 or $20.”  (Story from Montana Public Radio.) 

Super Musical Bonus: outrageously hot weather of the type DC is currently experiencing makes me want an ocean. Here’s Sun Kil Moon covering Modest Mouse’s “Ocean Breathes Salty.”

By: Maria Hibbard

It’s been a banner year for the Supreme Court, and a well-publicized cliffhanger through the end of the term. Immigration, healthcare, privacy – although the subjects vary, here are the highlights of decisions likely to impact the access-to-justice community in some way:

• U.S. v. Jones–it’s obvious that we have less privacy in the digital age–either by choice or by convenience–but the definition of what constitutes a “search” under the Fourth Amendment is constantly evolving to keep up with digital devices. In Jones, the Supreme Court held, 5-4, that a GPS device placed on a car for surveillance purposes does constitute a search. The good news–“Big Brother” can’t watch you quite yet without having a good reason.
• Maples v. Thomas–Maples, a death row inmate represented by two pro bono associates at a large law firm, was barred from appealing from his conviction because the associates left the firm and missed a deadline for deciding an appeal. The court voted 7-2 that Maples had shown sufficient cause to excuse the procedural default judgment. Although this doesn’t happen often, it shows that a man’s life shouldn’t be bargained with even if representation decides to leave.
• Lafler v. Cooper and Missouri v. Frye–the court once again dealt with the effect of lawyers who caused inappropriate outcomes for their clients in this pair of cases, holding that the Sixth Amendment right to effective counsel applies throughout the process of plea negotiations. In order for this there to be a valid claim for ineffective assistance of counsel, though, the defendant has a strong burden to show that the lack of or deficiency of counsel caused irreparable prejudice on the decision. In Frye, where the lawyer simply did not inform his client of the plea bargain offers before they expired (resulting in a guilty plea and a much longer sentence for the defendant), this harm the lack of communication caused is obviously clear.  We’ve posted about overloaded public defenders and the changes coming in Michigan’s indigent defense system – potentially, these rulings could help spur reevaluation of programs elsewhere.
• Minneci v. Pollard— Although a Bivens action, or an action enabling an inmate in a government-run prison to sue for violation of his constitutional rights, has long been valid, the court held 8-1 that an inmate cannot sue employees of a privately-run prison for constitutional rights violations because the claims could be pursued under state tort law. In light of the trend of the government trend to increasingly rely on private companies and contractors to run the operation of prisons and the mass incarceration of minor drug offenders, this decision might set a strong precedent in coming years.
• Miller v. Alabama and Jackson v. Hobbs–in this pair of cases, SCOTUS ruled that life without parole for juveniles violates the prohibition against “cruel and unusual punishment” in the 8^th amendment. This ruling adds another element to the complicated and ever-changing definition of what “cruel and unusual punishment” really means – SCOTUSblog has a great guide to the precedent surrounding this issue here.
• Arizona v. U.S.–in a complicated ruling that left both sides claiming partial victory, the 5-3 decision struck down the provisions of the 2010 Arizona immigration law that made it a crime for an undocumented immigrant to be in Arizona without documentation papers, to apply for or get a job in the state, and allowed police to arrest people who had committed crimes that could lead to their deportation. The “show me your papers” provision is still left intact, but could be challenged in lower courts again. This ruling will certainly deter the development of future copycat legislation in other states, and is welcome news for undocumented immigrants in Arizona who may have lived and worked in the U.S. for years.
• Department of Health and Human Services v. Florida–the dramatic 5-4 decision, written by Roberts, joining the left of the court, held the individual mandate constitutional under the taxing power – even though it violates the commerce clause. Plenty of ink has already and will be spilled elsewhere about the implications of the decision, but this monumental case will make affordable healthcare accessible to millions more Americans – often, the same community that civil legal aid organizations serve. Although there will always be continuing legal battles surrounding healthcare, access to affordable care may automatically eliminate some need in this area.

By: Maria Hibbard

If there’s one thing I learned in my first year of law school, it’s that lawyers love paper. Outlines, textbooks, rulebooks, and more outlines – lawyers may be the only people who still have their noses in a book in a futuristic day when our smartphones are attached to our bodies.

In this digital age, though, it’s time to talk seriously about the potential to harness the functions of the many rapidly developing digital tools and streamlining access to legal resources. The Legal Services Corporation (LSC) held a Summit on Technology and Access to Justice discussing this very issue just outside D.C. last week, and as Richard Zorza writes, it is an exciting time to think about how investing in the development and security of low-cost or free online legal tools can help improve access to justice – even in the face of constant budget cuts and funding struggles.

The Technology Initiative section of the Legal Services Corporation annually makes grants to legal services organizations to develop tools and services that harness the power of technology. This speaks to the legal services community’s commitment to better employing technology – and, for today’s tech-savvy law grades, the  increasing need for individuals to have access to easy-to-read, accessible legal resources online opens the door for a potential Equal Justice Works or Skadden fellowship proposal at a welcoming organization.

Just as examples how the legal services community is engaged on technology issues, here are some of the projects discussed at the recent summit and at the Technology Initiative’s annual conference in January:

• WriteCleary.org provides Creative Commons licensed civil legal aid resources that can be easily referenced and edited, as well as a “Plain Language Gadget” that can help take out “legalese”
•  Sharelaw.org and Sharelawvideo.org encourage civil legal aid organizations to share resources in order to avoid “reinventing the wheel” where it’s not necessary
• Legal Services of Northern California maintains the Google API project, an initiative that shows how secure cloud-based case management systems can be integrated with the Google Apps platforms to maximize efficiency in organizations
• Lawhelp.org and Probono.net provide a jumping-off place for access to civil legal services organizations and resources for pro bono work

With the help of these tools and many others, it should ever-easier to maximize productivity and maintain the data about clients and services that is needed for civil legal aid organizations to compete for competitive grants from LSC and other funding sources, showing how increased access to civil legal aid can save society money in the long run. The LSC strategic plan for the next four years outlines concrete ways in which it can spur civil legal aid organizations on towards using data and technology to move forward. It’s certainly a developing area in the access to justice community, though: how can your ideas help innovate the system?

By: Maria Hibbard

Although we posted last week about the surprising steady increase in the number of attorneys employed by the federal government over the last five years, employees of state and local governments in have not been so lucky throughout the recession. The data reported in the Wall Street Journal and the New York Times over the past few days addresses the layoffs of public workers generally, but because states and cities employ numerous attorneys (and state money funds prosecutors and public defenders offices), the struggle to balance  local budgets means that job security for state and local government attorneys might not be certain. While the federal government can print money, state and local governments often have to balance their budgets by reducing salaries or making personnel cuts.  When a state receives less aid from the federal government, it is forced to reduce the amount of aid it makes to local governments. The New York Times reports:

Government payrolls grew in the early part of the recovery, largely because of federal stimulus measures. But since its postrecession peak in April 2009 (not counting temporary Census hiring), the public sector has shrunk by 706,000 jobs. The losses appeared to be tapering off earlier this year, but have accelerated for the last three months, creating the single biggest drag on the recovery in many areas.

With the economy expanding, albeit slowly, state tax revenues have started to recover and are estimated to exceed prerecession levels next year. Yet governors and legislatures are keeping a tight rein on spending, whether to refill depleted rainy-day funds or because of political inclination.

At the same time, costs for health care, social services, pensions and education are still rising. Fourteen states plan to resolve their budget gaps by reducing aid to local governments, according to a report by the National Governors Association and the National Association of State Budget Officers.

So while the federal government has grown a little since the recession, and many states have recently begun to add a few jobs, local governments are making new cuts that outweigh those gains. More than a quarter of municipal governments are planning layoffs this year, according to a survey by the Center for State and Local Government Excellence. They are being squeezed not only by declining federal and state support, but by their devastated property tax base.

Although this data seems dismal, it does not mean that attorney jobs in state and local government do not exist. You can find an extensive map and list of resources on where to find state and local positions  throughout the U.S. on PSLawNet’s State and Local Government Resources page.

By: Maria Hibbard

What does defending the constitution look like in practice? Two Illinois attorneys have refused to defend the state’s gay marriage ban because they believe the ban violates the equal protection clause of the state’s constitution–therefore, as they argue, they are not bound by law to defend it. This is not the first time government attorneys have  wrestled with the issue of whether to enforce what they believe is an unenforceable law; last year, the Obama administration refused to defend the defense of marriage act, and an attorney general in Nebraska has refused to defend the state’s abortion screening law. Will the Illinois prosecutors set a trend? As the Associated Press reports:

The action was taken on behalf of the 25 couples, some of them from outside Cook County, but all of whom had applied for marriage licenses there and been denied. The suit closely followed the formal endorsement of same-sex marriage by President Barack Obama. Democratic Illinois Gov. Pat Quinn also recently stepped up his public support, though legislative moves to legalize gay marriage remain stalled in the General Assembly.

Alvarez said it’s her job to represent Orr — and they both agreed with the plaintiffs.

Peter Breen, executive director of the Thomas More Society, a public interest law firm that opposes gay marriage, said the group “will be seeking relief from the court,” though he didn’t say exactly what that would be. Some experts have suggested the society could seek standing to defend the ban, though that’s considered a long shot.

“You can’t just say you feel it’s unconstitutional,” said Breen. “This … puts people of the state of Illinois in a difficult place because their elected representatives are not defending their interests. If there is no argument or disagreement, then you’d really have a hollow judgment.”

David Erickson, a former prosecutor and state appellate judge who now teaches at IIT Chicago-Kent College of Law, said it also potentially puts a private firm in the position of being demonized for stepping forward to defend a state law. Erickson believes the law is unconstitutional but said Breen has a point.

“Show me where it says any elected official, especially a prosecutor, can say, ‘I won’t defend law passed by a legislative body that is my coequal,'” Erickson said. “Only one body can say it’s unconstitutional and that’s the (Illinois) Supreme Court.”

But fellow Kent College professor Douglas Godfrey said Alvarez and Madigan have a professional responsibility to ensure claims have merit, whether they’re filing a lawsuit or defending one, and “in essence … said we don’t think Illinois’ law will stand muster.”

John Knight, director of the Lesbian, Gay, Bisexual, Transgender Project of the ACLU of Illinois, said plaintiffs will ask the judge to rule on Illinois’ law based on their arguments and those of Madigan and Alvarez.

Lambda Legal’s marriage project director, Camilla Taylor, said she never has had a case in which the defendants agreed with her.

It “reflects the fact that we’re at a tipping point now … (because) our government finds these laws indefensible,” she said. “It comes at a time when a form of discrimination against a class of people in our society is so shameful and reprehensible that it’s incapable of defense.”

By: Steve Grumm

Happy Friday Summer, dear readers.

credit: securefutures.us

The summer solstice occurred on Wednesday evening.  As if on cue, a week in DC that began at 70 degrees and rainy is ending at 95 degrees and infuriatingly humid.  Hurrah, or whatever.

Seeking comfort in northern climes, I’m about to leave for some business in Ottawa City.  My hosts have asked for a briefing about the public interest legal job market here in the U.S.  That’ll be a lot of fun news to deliver: legal services layoffs, layoffs on the state and local levels.  Etc.

But some good news emerged during my research.  Intrepid PSLawNet intern Maria Hibbard looked at the change in the number of federal attorney jobs from 2007-11.  Lo and behold, the number has increased.  In September, 2007, there were 29,845 positions classified as “General Attorney” in the executive branch agencies.  The figure has grown steadily, and in September 2011 there were 35,614.  If you need proof, here’s a table.  And we all know that tables on the Internet are always unassailable proof of the proposition asserted.  (The data is available on the Fedscope database.)   

Completely unrelated: it’s been a good week for history buffs.  A lot of old came back to be new(s).

• Sunday marked the 40th anniversary of the Watergate break-in which led to the downfall of the Nixon presidency and the rise of Woodstein-style investigative journalism.  (Imagine: without Watergate, there may be no Anderson Cooper 360.  And where would we be then, people?)
• June 18 marked the 62nd anniversary of Winston Churchill’s – he the savior of Britain and cigar-chomping curmudgeon – famous Finest Hour Speech.  (Yeah I know a 62nd anniversary is not a huge deal but I heard about it on BBC so let’s just pretend it’s a round number.)
• And even further back – I’ll let you do the math – the War of 1812 broke out on June 18.  This war was confusing and draws little attention in popular history circles.  But it did provide us with very hard-to-sing national anthem.  Ever tried?  If you have you’d cut Carl Lewis a break.   

The week in short:

• A little pushback on the state AG’s decision to give $1m to Legal Aid of West Virginia
• In Illinois, neither the state AG nor the Cook County (Chicago) state’s attorney will enforce the state’s gay marriage ban;
• $32 million in grants to California DAs’ offices to fight insurance fraud;
• The DC Bar Foundation awards $685K in grants, down from last year b/c they didn’t draw from reserve funding;
• Court fee boost will fund public defense in Louisiana;
• Back to Illinois: maybe some salary boosts for prosecutors & defenders in suburban Chicago;
• Good legal services funding news in the Old Line State;
• Cleaning up a public defense program in PA;
• There’s such a place as Sarpy County, Nebraska, and its public defenders are getting a raise;
• (Kudos x 4) to the Exoneration Project at the University of Chicago Law School;
• Legal Aid of NW Texas is using technology to cover a geographically huge service area;
• In short supply: Louisiana lawyers certified to defend capital cases;
• Legal Services of New Jersey’s attention-grabbing report about the Garden State’s justice gap;
• Washington State’s high court lays out caseload limits for defenders;
• Filing fee increases in Connecticut will benefit legal services providers;
• A PA county judge rules that the defender’s office must be better funded (partly b/c of an ACLU lawsuit);
• NPR looks at the funding shortages facing civil legal services programs (quote from LSC prez Jim Sandman);
• An op-ed calls for more state funding for legal services in Massachusetts;
• A pro bono record in the Treasure State (and my memory of driving along the Gallatin River);
• Washington State loosens rules to allow non-lawyers to do some legal work;
• LSC’s draft strategic plan is open for public comment (tip of cap to Richard Zorza for this).
• Groovin’ musical bonus.

The summaries:

• 6.21.12 – In West Virginia, there’s been a little bit of pushback on state attorney general Darrell McGraw’s decision to divert $1m of the state’s national foreclosure settlement share to Legal Aid of West Virginia.  Some have argued that the decision about how to use the funds is the province of the legislature.  The A.G.’s office says that the federal court which apportioned the settlement funds provided some direction as to their use.  (Story in the West Virginia Record.)

• 6.21.12 – “Twenty-five Illinois couples were prepared for a long legal fight when they joined lawsuits challenging the state’s ban on gay marriage. Turns out they won’t get one — at least not from the attorneys who would normally be responsible for defending the state’s laws.  Illinois Attorney General Lisa Madigan and Cook County State’s Attorney Anita Alvarez have refused to defend the 16-year-old ban, which defines marriage as between a man and a woman, saying it violates the state constitution’s equal protection clause.  The decision has raised eyebrows among some legal experts who believe prosecutors are legally bound to defend Illinois law, and sets up a scenario where a judge could quickly strike down the marriage statute.” (Here’s the full AP story, which fleshes out the arguments on both sides.)

• 6.21.12 – “The California Department of Insurance announced $5.9 million in grant money today to help the Los Angeles County District Attorney’s Office investigate and prosecute workers’ compensation insurance fraud.  The Orange County District Attorney will receive $3.6 million as part of $32 million in grants awarded statewide by Insurance Commissioner Dave Jones.”  (Full story in the Long Beach Press-Telegram.)

• 6.20.12 – good news: the DC Bar Foundation awarded $685,000 in grants to legal services providers.  Bad news: this was off by about 30% from last year, and the Foundation had to stop dipping into reserve funds to bolster its annual disbursement.  Katia Garrett and her colleagues at the DCBF are great people, and like folks at a lot of bar foundations they’ve done the best they can with miserable IOLTA revenue figures.  Tough times.  (Story from the Blog of the Legal Times.)

• 6.20.12 – we covered the Louisiana indigent defense funding boost last week, but this article in The Town Talk adds more detail: “Lawmakers are funneling more money into public defenders’ offices, keeping some from shuttering the programs that provide lawyers to those who can’t afford their own.  A bill by Rep. Jeff Arnold, D-New Orleans, will increase criminal court fees by $10 in most district courts to help shoulder the costs of defense attorneys who are required by law.  Louisiana Public Defender Board chairman Frank Neuner estimates the increase could bring in as much as $7 million a year.”

• 6.20.12 – a push for higher defender and prosecutor salaries in suburban Chicago.  “Kane County Public Defender Kelli Childress said this week she plans to ask the county board next month for raises for her staff.  Last week, Kane County State’s Attorney Joe McMahon said he wants raises for his prosecutors, who have been in a salary freeze since 2008.  Childress and McMahon are tired of seeing their young talent leave to work in surrounding counties that pay more…. Childress said assistant public defenders in her office have a starting yearly salary of $39,399, and 2007 was the last time her entire staff received a raise.  McMahon wants the county board to boost starting pay for prosecutors from $40,000 a year to $53,000 a year, a move he says will make Kane competitive with starting salaries in other counties.  Childress also plans to ask the county to increase assistant public defender pay to around $53,000, but she wants the raises to be implemented in phases…”  (Story from the Daily Herald.)

• 6.19.12 – some good legal services funding news from the Old Line State. Courtesy of the Harry and Jeannette Weinberg Foundation the “…[Maryland] Legal Aid Bureau got $850,000 over two years, for free legal services and educational material for low-income adults.” (Story from Bmore Media.)

• 6.18.12 – in Pennsylvania, Michigan, and Washington State, ACLU lawsuits targeting allegedly weak indigent defense programs have caused change, as states have considered providing more indigent defense funding and/or establishing caseload limits to avoid overburdening defenders.  Allegheny County, PA, of which Pittsburgh is the county seat, is one of two PA counties where ACLU action prompted change.  This Tribune piece profiles new county public defender Elliot Howsie, who seems quite comfortable with the idea of shaking things up to improve the office.  

• 6.18.12 – some healthy competition is leading to bumps in public defender pay in a few Nebraska counties: “County governments are facing tight budgets and revenue shortages, but they still want to show their lawyers some love.  Back in April, the Douglas County Board approved $455,000 in pay raises for assistant public defenders and deputy county attorneys. Board members said the increases were needed to keep pace with salary levels in Sarpy and Lancaster Counties and to retain good lawyers.  Now Sarpy County is answering with pay hikes of its own.  And officials in Douglas County, with larger staffs of attorneys on both the prosecution and defense side, are watching.  Salaries for Sarpy public defenders will jump by 7 percent in the new budget year.”  (Story from the Omaha World-Herald.)

• 6.18.12 – since 2008, the Exoneration Project of the University of Chicago Law School has aided in the release of four wrongfully convicted inmates.  “[A]bout a dozen students each quarter participate in the…Exoneration Project, a clinic that gives students hands-on experience representing prisoners seeking post-conviction relief. Students do it all — from voting on which cases the clinic should accept to writing briefs to standing before a judge — under the supervision of experienced, licensed attorneys.”  (Story from the University of Chicago News Service.  Well, tooting our own horns a bit, eh, University of Chicago? JKLOL!)

• 6.18.12 – using technology to serve a huge swath of Texas.  “Legal Aid of Northwest Texas has been approved for a grant of $22,550 by the Texas Bar Foundation. The grant is for a project designed to improve the delivery of legal services to low-income Texans. The Pro Bono Mobility Project will allow pro bono staff to offer “virtual” legal assistance at legal clinics throughout the agency’s 114-county service area. ‘This project will allow our clinic staff and private attorney volunteers the ability to create, scan and print documents from even the remotest of locations,’ said Jane Fritz, director of Pro Bono and Bar Relations.” (Story from the Amarillo Globe-News.)

• 6.17.12 – there’s a dearth of Lousiana lawyers who are certified to handle capital cases.  “The shortage of death penalty-certified attorneys and the lack of adequate defense funding means even more delays for death-penalty cases, which already take years to come to trial, says Mike Mitchell, chief public defender with the East Baton Rouge Parish Public Defenders.”  But the head of the state’s district attorneys’ association thinks that the fuss about a representation crisis is really a tactic toward ending capital punishment.  Story from The Advocate.

• 6.17.12 – Legal Services of New Jersey has released its 2012 report on access to justice in the Garden State.  (Here’s a link to the report, New Jersey’s Civil Legal Assistance Gap…)  As noted in The Record, the gap exists not only because of increased client need, but decreased resources for LSNJ: “Essentially, as the extent of poverty in New Jersey has reached its highest level in at least 30 years, the opportunity for the poor to get free legal help from funding-squeezed Legal Services and other organizations has narrowed. Overall funding for New Jersey’s Legal Services programs has dropped from $72 million in 2008 to $44.7 million today. That includes the state budget appropriation being reduced from $29.6 million in the 2008 fiscal year to $14.9 million currently.  The funding reductions have led to Legal Services’ total staffing going from 720 in 2007 down to 415 at the beginning of this year. That includes a crucial loss of 130 attorneys.”
  • A Philly Inquirer editorial laments the situation, endorses a court filing-fee increase to generate funding for LSNJ, an calls upon the private bar to do more.  
  • A Record editorial supports in increased state appropriation and more private bar support. “An entire stratum of American society is left to muddle through [legal processes] that very literally could mean the difference between life and death, as Legal Services notes in its report. This is not justice. 
  • And here’s a column from The Record explaining that charitable donations from the private sector haven’t been of much aid to LSNJ as its state appropriation and IOLTA funding have dwindled.

• 6.16.12 – Big news from Washington State: “For the first time, the state Supreme Court is setting limits on the number of cases public defenders can handle — an effort to improve the quality of legal representation for some of the 200,000 poor people prosecuted in the state every year, but one that could increase costs to local governments at a time of tight budgets.  By a vote of 7-2, the justices said lawyers who represent indigent defendants generally should handle no more than 150 felony cases per year, or 300 to 400 misdemeanor cases, and even fewer when the cases are complex. The caseload standards will take effect in September 2013.”  (Here’s Seattle Times coverage, and here’s Peninsula Daily News coverage.)  

• 6.16.12 – “Connecticut is increasing court filing fees in certain civil and family cases, a change intended to raise extra money to help the state’s [legal services programs].  Legal aid to the poor has taken huge hits across the country because a main source of revenue, interest from lawyers’ trust accounts, dried up amid the recession and low interest rates…. In Connecticut, trust account interest revenue for legal aid for the poor plummeted from $20 million in 2008 to only $1 million this year, according to the Connecticut Bar Foundation, which administers funding for the state’s legal aid programs. The result has been reductions to staff and services at the three legal aid providers in the state.” (Here’s Stamford Advocate coverage, and here’s AP coverage.) 

• 6.16.12 – in Pennsylvania, “[a] senior county judge ruled Friday that Luzerne County must provide adequate funding to the public defender’s office. Five full-time vacancies will be filled, more office space will be set aside, and more employees are expected to be hired.”  This comes in the wake of lawsuit which filed by the ACLU and county public defender to compel the county for more support.  (Story from the Pocono Record.)

• 6.15.12 – NPR looks at impact of funding shortages plaguing civil legal services programs: ” ‘The legal services system in the United States today is in a state of crisis,’ says Jim Sandman, president of the national Legal Services Corp., which gives money to 135 aid programs all over the country.  The traditional funding streams, from Congress and state governments, are under attack. Aside from government dollars, there’s another important source of financing for legal aid: interest that collects on trust accounts that lawyers set up for their clients. But because of record low interest rates, that money has hit record lows, too.  Over the past couple of years, Sandman estimates, more than 1,200 people who work for legal aid programs — 1 in 7 — have lost their jobs. Offices in rural Arkansas and North Carolina have closed outright. But Sandman says more than 60 million people now qualify for civil legal aid.  (Here’s the NPR story.)

• 6.15.12 – in the Bay State, an op-ed from former legal aid lawyer and current law professor Justine Dunlap argues for more state funding for legal services: “The Massachusetts Legislature is currently considering how much to allocate to Massachusetts Legal Assistance Corporation, which helps fund organizations like South Coastal Counties Legal Services. The House budget recommended $12 million while the Senate recommended $11.5 million; those differences are now being worked out in the Legislative Conference Committee. It is important that the commonwealth adopt the higher of these two numbers and pass a budget of $12 million for MLAC for fiscal year 2013.”  (Here’s the piece 0n South Coast Today’s website.)

• 6.15.12 –  “[a] report by the Montana Supreme Court and the State Bar of Montana said more than 2,000 Montana attorneys contributed more than 150,000 hours of free legal services to low-income Montanans last year. The value of that work is nearly $20 million.  That’s an increase of nearly 9,000 hours from 2010 and 38,000 hours from 2009.”  The 2011 tally is an all-time record in the Treasure State.  (Story from the Bozeman Daily Chronicle.)
  • personal aside: one of my life’s most peaceful experiences occurred while driving out of Yellowstone Park and north into Montana.  Just after dawn, and after being caught in the equivalent of a Yellowstone rush hour – dozens of bison crossing the road – I left through the park’s west exit and paralleled the Gallatin River on a state highway, winding through gorgeous pine forests.  I didn’t see another car for miles.  Just myself, a newly risen sun, the occasional deer, and Son Volt’s Trace in my tape deck.  Three months later I started law school and became the cynical, curmudgeon-in-training that I am today. Heh.

• 6.15.12 – “With a goal of making legal help more accessible to the public, the Washington Supreme Court has adopted APR 28, entitled “Limited Practice Rule for Limited License Technicians”. The rule will allow non-lawyers with certain levels of training to provide technical help on simple legal matters effective September 1, 2012…. Under the new rule, persons who are trained and authorized by a newly-established Limited License Legal Technician Board will be able to provide technical help to the public on civil cases.”  The announcement from the Washington Courtsincludes some detail on what kinds of work non-lawyers will be doing.

• 6.14.12 – the Legal Services Corporation has opened up a draft, 5-year strategic plan for notice and comment from the public.  So take notice and get your comment on! (Tip of cap to Richard Zorza, from whose Access to Justice Blog I picked this up.)

And now some seasonally appropriate music from my hometown.