By: Steve Grumm

“Your municipal bureaucracy shall not come between me and my Korean BBQ taco food truck!” is something George Orwell never said.  But if Orwell, whose thinking has for years been strongly influential in libertarian circles, were here today….who knows?

Here’s a great Washington Post article, “In food truck fights, libertarian law firm takes a stand,” about the efforts of the Institute for Justice, a libertarian public interest firm, to stand up against what it views as over-regulation of food carts/trucks.

[The Institute] launched its new National Street Vending Initiative early this year in Texas and has since expanded it to Atlanta (where city officials had decided to reserve all public property for a single vending company) and Chicago (where aldermen have proposed rules so severe, they could cut off vending in the entire downtown area). The institute even released a report, “Streets of Dreams,” which reviews vending regulations in the country’s 50 largest cities, including Washington.

I’d need to know more about the regulatory ins and outs to form an opinion, but since soft pretzels are a food group to me, my heart (and stomach) stand with the vendors.

By: Steve Grumm

It’s a UVA Law two-fer.  First, the Cavalier Daily reports that the law school’s Innocence Project scored an overturned conviction, first removing a man from Death Row and then having other, related convictions tossed:

Twelve University Law students helped overturn the wrongful drug and weapon conviction of Northern Virginian man Justin Wolfe last week, bringing an end to a decade-long struggle for freedom.

The decision comes more than a month after the students, as part of the Law School’s Innocence Project Clinic, helped convince a federal judge to dismiss Wolfe’s murder-for-hire conviction and death sentence.

…

The clinic, part of the Innocence Network, is an organization which works to overturn wrongful convictions of prisoners in Virginia who could be proven innocent — many of whom are convicted as a result of ineffective legal counsel or flawed police techniques.

Judge Raymond Jackson of the U.S. District Court for the Eastern District of Virginia agreed with a motion drafted by members of the clinic arguing that the jury’s verdict was the result of a flawed trial. He consequently tossed out the convictions and a 33-year sentence, according to a statement released by the Law School.

After an evidentiary hearing last November, Jackson found that the prosecutor had failed to share critical evidence with Wolfe’s attorney. This information helped the clinic work to exonerate Wolfe from involvement in the murder, said Clinic Director of Investigations Deirdre Enright.

Second, here’s a pretty innovative fundraiser for the school’s public interest student group.  As reported by Virginia Law Weekly, UVA Law’s Public Interest Law Association runs a law book sale.

At the beginning of each semester, the Public Interest Law Association sells used text and horn books at greatly discounted prices, and this semester is no different.

Opened on August 23th, the event had already raised over $10,000 within its first four days and, as of press time, was on its way to doubling that figure. The proceeds of the sale are crucial for filling PILA’s public interest summer grant pool, out of which it gives $3,500 to qualifying 1Ls and $6,000 to qualifying 2Ls planning to do unpaid work over the summer.

I know of auctions, charity runs, basketball tournaments, and bake sales, but this is the first I’ve heard of a student association selling law books to raise cash for summer public interest stipends.  If memory serves, the bookstore at my law school had a monopoly on book sales, and they ruled with an iron fist.  So this never seemed like an option.  Maybe there’s more flexibility at other schools.  Anyway, great idea.

By: Steve Grumm

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

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

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

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

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

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

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

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

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

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

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

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

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

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

By: Steve Grumm

The economy and legal employment market being what they are, we don’t always have good news for law students on public interest career paths.  Our weekly news bulletin often relays stories of budget and/or job cuts with nonprofit and government law offices.  (Although we still feel strongly that law students should read this news so that they can keep their finger on the pulse of the market and identify new opportunities that may exist.)

So it’s with no small measure of delight that we pass along word of efforts to bolster the indigent defense network in Massachusetts with fresh hires.  From the Milford Daily News:

Leaders of the state’s public defender system will soon detail a plan to hire more staff attorneys to represent the poor and contract less of that work to about 3,000 private lawyers across Massachusetts.

The cost of defending low-income people came under the spotlight on Beacon Hill this year when Gov. Deval Patrick proposed hiring about 1,000 new state attorneys and ending the use of private attorneys altogether.

…

After lawmakers offered less sweeping proposals of their own, Patrick ultimately signed a state budget last month that makes less ambitious reforms. It requires at least 25 percent of cases with indigent defendants to be handled by state attorneys by next July, up from about 10 percent now.

The state Committee for Public Counsel Services, which is in charge of providing lawyers to the poor, must deliver a plan to legislators by Sept. 1 to meet that goal. It will mean less work for private attorneys who handle cases for the poor, though they will be given preference in hiring.

Lisa Hewitt, the committee’s general counsel, said the plan will likely require hiring 346 new full-time employees, including attorneys, support staff, social workers and investigators.

A final number is still in the works, she said. The state now has 252 public defenders on its payroll.

By: Steve Grumm

Happy Friday, dear readers!  This week’s Bulletin goes to press as we East Coasters are besieged by Mother Nature, who is showcasing her full arsenal of Weapons to Remind People That They Are Not As in Control of Things as They’d Like to Believe.  Best wishes to the folks who will take the brunt of this weekend’s hurricane.  I have followed the practices of my elderly Aunt Mimi by purchasing 6 gallons of milk, 4 dozen eggs, and enough bread to feed all the birds in Rock Creek Park for a month.  Thus I envision a lot of rain and French Toast in my immediate future.

As for public interest news, this week: the ACLU comes down hard on Utah’s patchwork indigent defense system; slow-but-steady progress toward establishing a public defender’s office in a central Texas county; difficult funding cuts have compelled New Hampshire Legal Assistance to close offices and reduce staff; the NYT’s interesting editorial on closing the civil justice gap; $1.4 million in grants from the South Carolina Bar Foundation; dealing with IOLTA shortfalls in DC; Topeka’s district attorney battling against a county budget cut; checking in on the new Texas Office of Capital Writs, a watchdog tasked with ensuring fairness in capital proceedings.  

• 8.24.11 – as reported by the Salt Lake Tribune, an ACLU report is highly critical of the Beehive State’s indigent defense system (to the extent that it even has one).  “Utah’s public defender system is failing to protect citizens’ constitutional rights as Utah remains one of only two states that do not provide state funds or oversight for public defense services, a new report from the American Civil Liberties Union of Utah claims. The report released Wednesday, titled ‘Failing Gideon: Utah’s Flawed County-by-County Public Defender System,’ addresses the state as a whole, but focuses specifically on nine Utah counties: Box Elder, Daggett, Duchesne, Iron, Kane, San Juan, Sevier, Uintah and Weber.”  Here’s a link to the ACLU report.  (Incidentally, to my great dismay the other state that doesn’t provide funding for indigent defense is the otherwise glorious Commonwealth of Pennsylvania.)

• 8.24.11 – according to the River Cities Daily Tribune, a political squabble has been impeding progress toward establishing a public defender’s office in Burnet County, Texas.  The disputes have come to a resolution, although it is somewhat uneasy.  “A clash of ideologies seems to be simmering down as local trial judges and the Burnet County Commissioners Court reach a compromise on how to create and maintain a proposed public defender’s office.  A four-year state grant will fund the office as a county department, allowing the commissioners to say they’re saving taxpayers’ money while making sure those who can’t afford an attorney are still guaranteed a legal defense…. The catch? The commissioners and other non-lawyers want a say-so in the oversight of the department.”  This doesn’t sit well with the trial judges. 

• 8.24.11 – a compelling Nashua Telegraph article documents the closure of New Hampshire Legal Assistance’s Nashua office on the heels of a state funding cut, as well as larger cuts affecting the whole organization as other funding sources have diminished.  “In 2008, New Hampshire Legal Assistance had a statewide staff of 53, according to its executive director John Tobin. Between the recent state cuts and a loss of charitable funding from the New Hampshire Bar Foundation, NHLA’s staff now numbers 28, he said.”  Tough times for a very strong legal services program. 

• 8.23.11 – this New York Times editorial on narrowing the justice gap is thought-provoking, if a bit scattered.  Right after noting that “[t]here is plenty the government, the legal profession, and others can do to improve this shameful [justice gap],” the piece notes that with so many un- or underemployed law graduates looking for work, there may be ways to situate them to serve the poor.  So it sounds like we’re moving toward a sweeping proposal. But then the piece, after correctly calling for increased LSC funding, proposes a set of admirable-but-not-sweeping solutions: mandatory reporting of attorney pro bono hours in states that don’t already require it; allowing nonlawyers to do more process and form work; more firmly integrating public advocacy into the legal education curriculum; and expanding law school LRAP programs.  All of those proposals are worthwhile.  But even combined, they’ll do only so much (little?) to narrow the gap separating the have’s and have-not’s when it comes to meaningfully accessing the justice system.  (But I do love the NYT’s support for LSC funding!) 

• 8.23.11 – the South Carolina Bar Foundation is raining down money upon grantees, according to Bluffton Today.  (We like that name by the way.  It’s all well and good for a newspaper to be a “Sentinel” or an “Argus-Leader”, but Bluffton Today is just saying, ‘Hey, here’s what’s happening today, in Bluffton.’)  Where were we?  Oh, the total pot of money was $1.4 million, and grantees include South Carolina Legal Services (which took the lion’s share: $1mil.), the South Carolina Center for Fathers and Families, and the SC Access to Justice Commission.

• 8.21.11 – five years ago this would have been a cash-cow for the DC legal services community.  Nowadays, not so much.  The Washington Post looks at a 2010 change in the District of Columbia’s IOLTA system, making it mandatory.  While the number of IOLTA accounts grew by almost 10% in the change’s wake, IOLTA revenues are all but flat, and well down from what they were before the recession’s impact was fully felt.  “2011 [IOLTA] revenue is down dramatically from the $2.4 million in IOLTA funds generated in 2008. That’s largely because participating banks, which until mid-2008 had been paying interest rates of up to 4 percent, are now — with a few exceptions — paying no more than 0.25 percent, in accordance with the federal funds target rate.”  With rates expected to remain flat for a while, the DC Access to Justice Commission has tried to make lemonade, instituting the Raising the Bar program “that asks law firms to set aside a portion of revenue from their [DC] office for legal services providers.  Eighteen law firms have agreed to donate between .075 and .11 percent, and the commission is recruiting more.”

• 8.21.11 – the Topeka Capital-Journal reports that Shawnee County District Attorney Chad Taylor is strongly opposing a proposed 10% cut to his budget by the county.  (Topeka sits in Shawnee County.)  “A weary-looking Taylor said he had lost sleep thinking about how the 10 percent cut…would force him to reduce staffing in his office, where more than 92% of the budget goes to pay salaries and benefits.”

• 8.21.11  the Houston Chronicle checks in with Brad Levenson, who “heads the year-old Texas Office of Capital Writs, an independent state agency tasked with scrutinizing capital murder trials to ensure they were legally proper.  The Texas Legislature created the office two years ago after repeated embarrassing instances of shoddy legal work by appeals attorneys representing capital murder convicts. The agency now handles the state appellate process for nearly all new Texas death penalty cases…. More than a dozen states have similar operations, but Texas was the largest without a public office to address death penalty appeals. None of the other states with capital punishment executes people as frequently as Texas…. Levenson directs a team of attorneys, investigators and staff working out of quarters just a few blocks north of the capital building in Austin. Working with an annual budget of about $850,000, they focus on habeas writs, essentially trying to determine if mistakes were made at the trial.” 

By Lauren Forbes

Happy Friday, everyone! This week: more unfortunate legal services cutbacks in North Carolina;  a profile on Wisconsin’s first woman state public defender; exploring limited-scope representation in Wisconsin;  shortfall woes in Oregon will likely lead to 20 positions being eliminated;  (good news!) a grant in Northern Florida that will help victims of the Deepwater Horizon oil spill access justice; a piece on Washington, DC’s Public Defender Service Director, Avis Buchanan; Indiana’s innovative program defrays the costs of providing defense attorneys. 

• 8.17.11 -Unfortunate cutbacks in North Carolina as per the nationwide trend– Johnston, NC’s The Herald reports that low-income Johnston County residents will soon have to travel to Raleigh or Wilson for legal help in civil-court matters.   “With legislative and Congressional cuts, we had nothing left to trim back,” North Carolina Legal Aid Director George Hausen said, noting that the organization has been in a hiring freeze for years. “We looked around at our 25 offices and felt that we could close some offices because these offices are close enough that the bigger offices could cover the ground.”
• 8.17.11 – Wisconsin Bar Association’s Inside Track features a story on Kelli Thompson, who is the first woman State Public Defender in Wisconsin, and one of only a very few across the country.  Thompson is a 12-year veteran in the State Public Defender’s (SPD) office – starting as an intern while a student at Marquette Law School.  “Kelli is a great communicator and really understands the mission of the public defender’s office,” said Paige Styler, attorney manager at the SPD Milwaukee Trial Office.  Best of luck, Kelli!
• 8.17.11 – Also from the Wisconsin Bar, Wisconsin is exploring “unbundled” legal services or limited-scope representation, which allows clients and lawyers to agree on a lawyer’s more limited role in lieu of full representation.  Expanding limited-scope representation has the potential to provide pro se litigants with affordable access to lawyers and improve court efficiency, according to a recent report by a subcommittee of the Wisconsin Supreme Court’s Planning and Policy Advisory Committee (PPAC).  “It is anticipated that recommendations for rule changes or amendments will be submitted to the Wisconsin Supreme Court in the fall of 2012,” Inside Track reports.
• 8.16.11 –  A story in the Statesman Journal delivers more bad news: low-income families receiving legal aid in Oregon may soon see a cut in services because of layoffs resulting from a 15 percent revenue shortfall.  Sandra Hansberger, executive director of The Lawyers’ Campaign for Equal Justice, estimates that 20 positions, both filled and vacant, would be lost statewide.  “Oregon lawyers have been generous in supporting legal aid by contributing over $1 million each year and by donating their time through legal aid’s pro-bono efforts,” said Steve Piucci, president of the Oregon State Bar, in a statement. “We need these other sources of funding to help meet the tremendous and growing unmet legal needs of the poor.”  Oregon Public Broadcasting also covered the issue, citing Legal Aid Board Chair Michael Mason in saying,  “We closed the Klamath Falls office in 1997 after major federal cuts. And it had a huge impact. People who are unwilling to follow the law by all accounts ran amok.” The union representing Legal Aid attorneys offered a package of wage freezes and furloughs that would have stabilized funding for a year.
• 8.15.11 – A small ray of sunshine, as The Panama City News Herald announces that legal Services of North Florida has received a grant for $200,000 to provide outreach and legal help to low-income residents and small businesses who were affected by the April 2010 Deepwater Horizon Oil Spill.  Legal Services of North Florida (LSNF), a private nonprofit corporation dedicated to providing free legal representation to low-income people with civil legal problems, will use the money over the next 18 months to provide outreach and support to those who either have not been able to file claims or are having difficulties with the claims process.
• 8.15.11 – The National Law Journal’s Legal Times features a piece on veteran DC Public Defender, Avis Buchanan.  As a staff attorney with PDS in the 1980s, Buchanan had a gentle style with judges and jurors, but her style did not prevent her from taking on clients who were “rough around the edges.” She left PDS, but returned as director in 2004. Caseload pressures are a nationwide problem for PDs, but the Washington Office is admired for its ability to put its foot down when attorneys are overloaded, said David Caroll, NLADA’s director of research.  Public service in her DNA, Buchanan is looking to implement technological upgrades and recruit top legal talent over the next couple of years.   Acknowledging PDS’ extensive history, Buchanan said, “We will work with what we have.  As long as the right people are in place, we’ll achieve what we need to achieve.”  [Note: premium access subscription required]
• 8.14.11 – Not a Tupelo Honey situation for Mississippi legal aid, as the Associated  Press reports.  A legal aid office for low-income individuals in north Mississippi faces closing down because of the budget cuts Congress is imposing. Ben Cole, the executive director of the North Mississippi Rural Legal Services, said the Tupelo office or another one in north Mississippi may have close.  The agency’s 25-member board is scheduled to meet Aug. 27 and budget cuts are on its agenda.
• 8.14.11 –  An interesting approach to provide criminal defendants with representation in Indiana:  The Fort Wayne Journal Gazette reports that  52 Indiana counties received more than $15.7 million during the last fiscal year to help defray the costs of providing defense attorneys to people who can’t afford them by using court fees and money set aside by the state legislature.  Counties are obligated to provide lawyers for criminal defendants who can’t afford to pay for representation.  “Established in 1989 by the state legislature, the Public Defender Commission recommends standards for, among other areas, determining who may have public defense attorneys, how many cases a public defender may handle, and the qualifications of attorneys seeking to be public defenders.  The commission reimburses participating counties for a portion of the money they spend providing public defense attorneys.  To qualify for reimbursement, counties must adopt an ordinance, establish a public defender board, adopt a comprehensive plan, have the plan approved and meet other standards set by the state commission – largely drawn from the American Bar Association.”

By: Steve Grumm

On the public interest job hunt?  Law student registration for interviews at the Equal Justice Works Conference & Career Fair opens today!  Learn more over at EJW’s career fair web page.   

Here’s are some important dates from their website:

August 16 – September 12:		Student and law school professional registration open
September 14 – October 6:		Student registration only for those not seeking an interview (can attend conference workshops and Table Talk)
September 14 – September 28:		Employers view applications and choose interviewees
September 30 – October 6:		Students accept or decline interviews
October 6, 5 p.m. EDT:		Last day to cancel student registration with full refund
October 21 – 22:		Equal Justice Works Conference and Career Fair

NALP is accepting nominations for the 2011 PSLawNet Pro Bono Publico Award, which recognizes the extraordinary contributions that law students make to under-served populations, the public interest community, and legal education by performing pro bono or public service work. 

Eligibility: The Pro Bono Publico Award is available to any second- or third-year law student at a PSLawNet Subscriber School. The recipient will be honored during an Award Luncheon at NALP’s Public Service Mini-Conference on Thursday, October 20, 2011 at the Washington, DC office of Arnold & Porter, LLP. The Award recipient will receive transportation to Washington, a one-night stay in an area hotel, a commemorative plaque, and a small monetary award.

Award Criteria: Law students are judged by the extracurricular commitment they have made to law-related public service projects or organizations; the quality of work they performed; and the impact of that work on the community, their fellow students, and the school. Though a student’s involvement in law school-based public interest organizing and fundraising is relevant, actual pro bono and public interest legal work will be the primary consideration.

Nominations must be received by Thursday, September 15, 2011 at 5pm Eastern Time. View/download the nomination form here.

By: Steve Grumm (with a big assist from Jamie Bence)

Happy Friday, dear readers, from an astonishingly not-humid Washington, DC!  We try to keep the mood light around here, but in all candor it’s disheartening to read, week after week, stories from all corners of the country documenting how diminished legal services funding is impacting programs and the clients they serve.  With interest rates holding at record lows, IOLTA funding streams remain weak.  LSC grantees have already felt the small pinch that came with a modest cut in the FY11 appropriation.  Frighteningly, that will become a big squeeze if the proposed 26% cut to LSC’s FY12 appropriation goes through.  This week we learn of funding troubles in Florida, Maine, and Mississippi, as well as another office closure at Legal Aid of North Carolina.  It’s frustrating, at times, to be the aggregator of bad news.  But we hope our modest efforts to provide a nationwide snapshot of the goings-on in the public interest world may be of some use to advocates who over the next several months will be fighting to sustain legal services funding.  So, with that, let’s look at legal services and other public interest news…   

This week: the motivation for pro bono lawyers to fight in defense of civil liberties; legal services funding woes in Broward County (at least it’s not more hanging chads); a cynical attempt to kill the Legal Services Corporation?’; CAP offers some data to highlight the rise in pro se litigation; some more data, this time about funding troubles affecting state court systems; Magnolia State LSC grantees are bracing for more cuts; ditto up in Maine; solid career advice for tomorrow’s public interest lawyers; office closure and staff cut news from Legal Aid of North Carolina; the ABA’s outgoing president on funding the courts and legal services; speaking of pro se, the success of the Civil Law Self Help Center in Vegas; capital punishment is pricey in Indiana; strengthening pro bono collaborations in, appropriately, the Volunteer State; getting pro bono buy-in from law firm leadership. 

• 8.10.11 – if you’re looking for some public interest motivation, the New York Law Journal has run a nice piece by Arnold & Porter partner Peter Zimroth, who is part of a pro bono team fighting a zoning ordinance which was enacted to stop the building of a house of worship – a mosque – in New Jersey.  Reprinted in the article are remarks Zimroth delivered at a thank-you event for the pro bono team.  The remarks highlight common principles of justice and equal treatment running from the efforts of the mosque’s supporters back through older civil right struggles, and ultimately grounded in the framework of the Constitution.

• 8.10.11 – an op-ed in the South Florida Sun-Sentinel looks at the dire funding situation of the Legal Aid Service of Broward County, particularly as the specter (which I always spell “spectre” because I’ve seen too many James Bond films) of additional LSC cuts looms.  The Legal Aid Service, along with Coast to Coast Legal Aid, which is not an LSC grantee, is “facing additional 20 percent to 25 percent budget cuts for the upcoming fiscal year, meaning a new round of layoffs, wage freezes and five-day unpaid furloughs for workers. The agencies have gone from a peak of 50 attorneys to 39.  And because of cutbacks at big local law firms, fewer outside attorneys have been volunteering for pro bono work.” And on the issue of support from the private bar: “Making matters worse: As the agencies’ foreclosure defense caseload grows, banks and big law firms that represent lenders have stopped giving contributions.” 

• 8.10.11 – Washington Post columnist Dana Milbank, known for his wry observations of the goings-on on Capitol Hill, takes an aggressive stance in criticizing freshman Congressman Austin Scott, who recently proposed his first bill: a total evisceration of the Legal Services Corporation.  The bill, Milbank writes, “says a great deal about Scott, because it is a transparent attempt by the young lawmaker to defend a company in his district that discriminates against U.S. citizens in favor of Mexican migrant workers. Scott introduced the bill abolishing Legal Services exactly three days after it became public that Legal Services had won a U.S. Equal Employment Opportunity Commission determination that Georgia’s Hamilton Growers” engaged in discriminatory practices which adversely affected American farmworkers in favor of H2-A guest workers.  (Georgia Legal Services program, an LSC grantee, had represented workers in the action against Hamilton.)  Milbank goes on to argue that Rep. Scott, a “Tea Party favorite”, “chose to side with a large employer of foreign migrants in his district – against his out-of-work constituents.”  

• 8.9.11 – the Center for American Progress offers a by-the-numbers look of the woeful state of civil legal services funding in the U.S., along with the sharp rise in pro se litigation, as more and more poor people who can’t be helped by legal services due to resource shortages opt to represent themselves.  Some of the data CAP cites on pro se trends is dated, but there are also some noteworthy figures, including:
• “1-to-6415: The ratio of free legal services attorneys available to the number of low-income Americans who need one”;
• “235,000: The estimated number of low-income Americans eligible for civil legal assistance at LSC-funded programs that would be turned away if [a proposed 26% cut to LSC’s appropriation goes forward.]”

• 8.8.11 – the National Law Journal reports that a recent panel at the ABA’s Annual Meeting highlighted the work of the Task Force on Preservation of the Justice System.  Legal luminaries David Boies and Ted Olson lead the task force, which has been documenting the recession’s impact on state courts.  Among the group’s findings: 
• “26 states have delayed filling judicial vacancies, 31 have delayed filling judicial support positions and 34 have delayed filling open positions in clerks’ offices.
• 31 states have frozen or reduced judge or staff pay.
• 14 states have laid off court staff.
• 14 states have curtailed hours or cut operating days.”

• 8.8.11 – the Jackson Clarion-Ledger looks at the impact that an LSC funding cut would have on two of the Magnolia State’s three grantee programs: the Mississippi Center for Legal Services and North Mississippi Legal Services.  These programs rely very heavily on federal funds to support their work; about 80% of their funding comes from LSC.  As is the case in other jurisdictions, IOLTA funding has all but dried up: “North Mississippi Rural Legal Services and Mississippi Center for Legal Services each received $1 million last year from the
  IOLTA funds. This year, each program will receive $120,000.”  So one can see why a significant cut in LSC funds would be devastating.  And in terms of service capacity, the programs are already stretched to the breaking point: “The number of legal services attorneys is
  about one per 20,000 low-income residents.”

• 8.7.11 – the Bangor Daily News looks at how the House’s proposed 26% cut in LSC funding could impact Pine Tree Legal Assistance.  Pine Tree executive director Nan Heald “estimated that if the proposed reduction in funding is approved, her budget would be cut by about 35 percent.  ‘We’ve already lost six staff positions through attrition that we’re not replacing, including two in our Bangor office,’ she said. ‘We’ve also lost staff in Portland and Lewiston we can’t replace, including a full-time foreclosure attorney’.”

• 8.7.11 – the Washington Post carries profiles from three young attorneys who are making it in today’s economy. One of the featured attorneys, Laila Leigh, graduated from Catholic University Law and now works with the Maryland Legal Aid Bureau. She offers this advice to aspiring public interest lawyers (with which I can’t more strongly agree):  “A lot of law students think, ‘I have to be in law review, I have to be in moot court.’ I just stayed focused on what I wanted to do and selected internships and opportunities that would put me in a position to do what I wanted to do when I was done.”  In spite of the bad job market, there are public interest jobs out there, and they’re going to go to those law grads who have immersed themselves in the work and developed the best professional networks in the communities they wish to work in.  

• 8.6.11 – Mountain Express reports that Legal Aid of North Carolina will be closing more offices in the year ahead. “Cuts made this year to state and federal legislative appropriations amounted to annual reductions of more than $2M. With such substantial cuts to its core funding, Legal Aid of NC (LANC) could not avoid the closings and the elimination of about thirty staff positions. The LANC offices located in Smithfield, Boone and Henderson immediately will stop taking new cases and will close entirely by the end of September. LANC offices in Rocky Mount, Winston-Salem and Sylva also are affected.”

• 8.6.11 –in the Miami Herald, outgoing ABA president Stephen Zack expresses concerns that under-funding the nation’s courts and the civil legal services system – the need for fiscal austerity notwithstanding – could do fundamental damage to our system of government.  “In the weeks and months ahead, the American people and those we elected to represent us will have serious conversations about the size, shape and funding of our government. And naturally, there will be differing opinions. But on the issue of protecting our fundamental liberties, freedoms, rights and values by protecting our courts and legal aid, there should — and must — be complete support.”
  8.6.11 – For Nevada residents, access to civil justice has improved for the 55,000 people who have visited the Civil Law Self Help Center since it opened in December 2009. Free services range from assistance for small business owners to individuals facing eviction or foreclosure. The Las Vegas Sun has the story here.

• 8.6.11 – For Nevada residents, access to civil justice has improved for the 55,000 people who have visited the Civil Law Self Help Center since it opened in December 2009. Free services range from assistance for small business owners to individuals facing eviction or foreclosure. The Las Vegas Sun has the story here.

• 8.6.11 – a detailed piece in the Evansville Courier and Press looks at the high cost of administering capital punishment processes in Indiana.  Costs, which are borne partly by the state government and partly by county governments, continue to rise.  However, “[o]nly 16% of Indiana’s death penalty cases – 30 out of 188 – filed from 1990 through 2009 ended in death sentences, according to the Indiana Public Defender Council.  Such statistics have given death penalty foes a solid economic argument, and even supporters of the death penalty are calling for reforms to control skyrocketing defense costs often born by local and state governments.”     

• 8.5.11 – I can’t believe I let my Nashville Business Journal subscription expire!  Now I can only link to the teaser for this password-protected article about the Legal Aid Society for Middle Tennessee and the Cumberlands’s efforts to engage the private bar on pro bono collaborations. 

• August, 2011: “If You Them to Lead, You Need to Speak Their Language: Strategies for Encouraging Law Firm Leaders to Support Pro Bono Work” (long title!) is a piece by SNR Denton’s Benjamin Weinberg on how pro bono proponents in large law firms can make both the moral and financial cases for pro bono in order to enlist the support of leaders in all corners of the firm.  Good read.  (Tip o’ the cap to our friend David Lash for passing it along.)  

New York Law Journal ran a piece yesterday about the ongoing efforts of Arnold & Porter to challenge a zoning law in New Jersey, written by Peter Zimroth, a lead attorney on the case:

Arnold & Porter is leading a pro bono effort—together with Archer & Greiner, the Brennan Center, and the Asian American Legal Defense and Education Fund—to challenge a newly enacted zoning law in Bridgewater, N.J., which was designed to block the development of a proposed mosque in that town. Recently I was asked to talk to a gathering of more than 200 Muslim supporters of the proposed mosque. The lawyers were being thanked for their pro bono effort, and I was asked to talk about the case and about why lawyers chose to undertake a case like this pro bono.

According to Zimroth, the case is already making a difference in Bridgewater and elsewhere, and he had this to say to supporters:

You have helped bring this community together to support the cause of religious freedom. You have shown skeptics that you can fight for your rights with dignity, with restraint, and within the best traditions of American law.

Your case has brought your cause to the attention of allies and potential allies. The U.S. Department of Justice has opened an investigation into the behavior of the town officials. Some time before our case began, the Anti-Defamation League sponsored an interfaith coalition on mosques comprised of important Jewish, Catholic, Protestant and Muslim leaders. That group recently wrote a strong letter to the mayor of Bridgewater and the president of the town council supporting your case. And there are more supporters; and there will be still others added.

Read the full story here.