Advocates for Justice, a non-profit public interest law firm in its second year of operation, is seeking an experienced attorney to serve as the Director of Legal Affairs for the organization. The mission of the Director of Legal Affairs is to enable the organization to manage its legal workload more efficiently and ensure that the organization is able to always provide the highest quality service to our clients.

The Director will report to the Executive Director (not an attorney) on administrative matters and will collaborate with Arthur Z. Schwartz, Esq., President, Board of Directors, on all legal matters. All other attorneys will report directly to the Director.

The Director will be responsible for (a) leading weekly meetings amongst the attorneys to discuss cases, (b) generating legal strategies regarding ongoing cases, (c) assisting with outreach regarding potential cases, (d) making court, arbitration or deposition appearances if necessary, (e) reviewing all legal papers generated by attorneys; (f) training and developing less experience attorneys as appropriate, (g) interacting with opposing counsel as necessary, (h) providing written feedback on the organization’s legal work as well as the performance of the other attorneys, and (i) assisting the Executive Director and the Board President with the preparation of related materials (e.g. – grant proposals.)

Learn how to apply at PSLawNet!

Happy Friday, dear readers.  Below you will see a lot of news, from Florida, Pennsylvania, and elsewhere about crippling cuts in legal services funding. It can be easy, when reading reports that focus on dry items like IOLTA yields and budget lines, to forget that those dollar figures have real impacts on real people: low income individuals and families who are struggling to get by, to say nothing of legal services staffers who have lost their jobs in budget cuts.  

A story summarized below tells of Legal Services of Greater Miami’s work on behalf of a veteran of operations in Afghanistan whose wartime injuries have left him with physical, mental and psychological after-effects.  After a year of advocacy, LSGM secured $1000 in monthly benefits for their client, who is married with children.  Reading of this impacted me powerfully.  I often jog by the Dep’t. of Veterans Affairs headquarters.  Engraved in stone on the building are these words from Abraham Lincoln, spoken during his second inaugural address in the midst of the Civil War: “To care for him who shall have borne the battle and for his widow, and his orphan.”

To me, this quote speaks to our shared obligation to provide support for those who sacrifice in service.  Sometimes it falls to legal services lawyers to ensure that that obligation is fulfilled.  So when I think of legal services funding cuts, I think of fewer veterans who access benefits.  I also think of fewer domestic violence victims who achieve legal protection from abusers, and fewer children who receive medical care.  There are tolls exacted on real human beings when figures on spreadsheets shrink. 

This week:

• Maryland’s high court considers the financial burden of ensuring that indigent defendants have counsel at bail hearings;
• New Mexico voters to decide if public defense program should become independent agency;
• an ACLU suit over allegedly over-burdened public defenders in Washington State;
• the Legal Aid Society of Orange County spins off a for-profit entity to help pro se litigants;
• the White House FY2013 budget proposal includes a $402 million LSC appropriation;
• the PA governor’s budget proposal would significantly cut legal services funding;
• to close or not to close the San Joachin County, CA public defender’s office;
• how last November’s LSC cuts are impacting programs in the DC metro area;
• funding woes for Alabama prosecutors’ offices and courthouses;
• federal employee retirements jumped by 24% in 2011;
• speaking of Uncle Sam, a Presidential Management Fellowship application snafu dashes the hopes of 300 candidates;
• Yale Law School cuts back on LRAP program;
• the impact of legal services funding cuts in Florida;
• ditto, West Virginia;
• ditto, Connecticut;
• ditto, Detroit;
• but closing with good news(!), $2 million to the Arkansas Access to Justice Foundation.  

Here are the summaries:

• 2.17.12 – Maryland’s highest court decided Thursday to wait for more information before issuing a mandate that would require lawyers to be available to a defendant within 24 hours of arrest, when it is decided whether he or she will be detained or released.  [T]he Court of Appeals decided to consider responses, due March 5, to motions filed by the Baltimore City District Court Commissioners and state Public Defender Paul B. DeWolfe Jr. before issuing a mandate to enforce its Jan. 4 decision.  DeWolfe, whose office would need an estimated $28 million more annually to make public defenders available at initial bail and bail review hearings, told the court in asking again for a stay of at least 180 days that his office does not have and is unlikely to quickly obtain the resources to comply.”  (Story from The Gazette.)

• 2.16.12 – the question of whether to separate the state’s public defense program from the executive branch so that it operates as an independent agency will be on the November ballot in New Mexico.  (Story from the Daily Times.)

• 2.15.12 – the ACLU is litigating over alleged over-burdened defenders in Washington State.  From the Seattle Times: “Attorneys for the cities of Mount Vernon and Burlington are sparring with the American Civil Liberties Union over allegations that the Skagit County cities knew their public defenders were overburdened with cases. In a federal lawsuit, the ACLU says the two part-time attorneys contracted by the cities fielded more than 2,100 cases in 2010, even though Washington state Bar Association guidelines say full-time public defenders shouldn’t surpass 400 cases a year.” 

• 2.14.12 – there has been much talk in the Great recession’s wake about the rise in pro se clients and the potential value of unbundling legal services delivery.  This SoCal development is interesting: the Legal Aid Society of Orange County is spinning off a for-profit entity, Legal Genie Inc., a “web-based program which combines the power of self-help technology with access to unbundled legal services, enabling self-represented litigants to complete and e-file legal pleadings.” Here’s a press release.

• 2.13.12 – the White House’s FY2013 budget proposal includes a request for $402 million in LSC funding.  This would be an increase over the current $348 million funding level.  For its part, LSC is asking Congress for a higher sum than the White House is: $470 million.  But LSC has also expressed its understanding concerning the White House’s lower proposal, according to the Blog of the Legal Times.  

• 2.13.12 – “Pennsylvania Gov. Tom Corbett’s proposed budget would keep general-fund money allotted to the judiciary the same as last year, but funding for civil legal services for the poor would be cut by $274,000….  Mr. Corbett has proposed that legal service s funded in a budget line within the state Department of Public Welfare be funded at $2.5 million, down from $2.74 million last year and down from $3 million two budget cycles ago.”  Story from the Pittsburgh Post-Gazette.

• 2.13.12 –  in northern California, San Joaquin County is debating the financial efficiencies of a proposal to close the public defense office.  Here’s the story from the Record. 

• 2.12.12 – the Washington Post reports on how last November’s LSC cuts are impacting grantee programs in DC, MD, and VA.

• 2.12.12 – funding woes are plaguing Alabama courthouses and prosecutors’ offices, and there are more clouds on the horizon.  From the Ledger-Enquirer:  “District attorneys and court officials who rely on state funding are reeling from recent budget cuts that have strained Alabama’s judicial system. The squeeze is being felt in East Alabama counties and elsewhere, prompting circuit clerks to shrink their staffs and scale back hours of operation despite mounting caseloads.” As for Gov. Bentley’s new budget proposal, “District attorneys would [experience] 20 percent cuts. And while the courts requested increased funding next fiscal year, the governor’s plan would slash the total judicial system’s General Fund appropriation by some 26 percent, mitigated mildly by about a 9 percent increase in earmarked funds.”

• 2.10.12 – no attorney-specific numbers, but Government Executive reports that, “[f]ederal retirements increased 24 percent in 2011 from the previous year, according to new statistics from the Office of Personnel Management…. The appeal of buyouts and early outs to agencies grew after the failure of the joint select committee on deficit reduction to agree on a plan to reduce spending by $1.2 trillion triggered across-the-board automatic spending cuts. Those cuts are slated to take effect in January 2013 unless Congress repeals sequestration. While there are no official figures available yet on how many employees accepted such incentives in 2011, tens of thousands were offered, and agencies en masse are likely to offer another round of buyouts heading into fiscal 2013.

• 2.10.12 – a glitch in the Presidential Management Fellowship program application process gave false hope to candidates before crushing said hope.  From Government Executive: “A prestigious postgraduate fellowship program run by the Office of Personnel Management has acknowledged it sent acceptance letters to about 300 applicants by mistake in January. The [PMF] program had 9,077 applicants, nominated for the program by their graduate schools, for 2012. Of those, 628 were ultimately chosen as fellows and 1,186 were semifinalists. All semifinalists were invited to conduct in-person interviews.  Approximately 25 percent of the semifinalists received erroneous acceptance letters, according to Fox News.”  Boy, it’s just never good to be one of The 300. 

• 2.10.12 – “Faced with increased enrollment and rising loan costs, the Yale Law School is scaling back its loan forgiveness program. The Career Options Assistance Program, which partially subsidizes tuition loan payments for Law School graduates should they enter relatively low-salary careers, will require a larger student contribution from members of…incoming…classes…. Under the previous policy, law school alumni who earn less than $60,000 [annually]…are eligible to have their loans payments fully subsidized by COAP, while those earning more than $60,000 are expected to contribute a quarter of their income above that baseline. The new policy sets the baseline salary lower, at $50,000, and expects participants to contribute varying percentages of their income toward loan payments, based on a sliding scale…”  (Story from the Yale Daily News.) 

• 2.10.12 – the Miami Herald reports on how legal services providers in Florida have struggled with federal and state funding cuts.  Florida’s IOLTA program was flush with cash and the envy of other states until the recession. IOLTA funds have taken an 88% hit since 2008.  The Herald article touches upon the work that legal services providers do to support veterans and their families.  To me, this powerfully humanizes what it means when we talk in much drier terms of “IOLTA” and budget appropriation lines. 

• 2.10.12 – legal services layoffs in West Virginia.  From the Charleston Gazette: “West Virginia Legal Aid executives announced Friday afternoon that they have laid off 15 case handlers and closed their Logan County office in response to federal budget cuts that promise to saddle the program with a $1.2 million deficit by 2013.”

• 2.10.12 – NBC Connecticut looks at the funding woes plaguing Statewide Legal Services of Connecticut, which is the Nutmeg State’s sole LSC grantee.

• 2.10.12 – the impact of legal services funding cuts in the Detroit area, as reported by the Daily Tribune.

• 2.10.12 –  two million dollars from the recent blockbuster mortgage/banking industry settlement will go to the Arkansas Access to Justice Commission.  The Sun-Times has the story: “The Arkansas Attorney General’s office announced the news on Thursday, and funds distributed to the Commission will be used to provide access to civil justice for Arkansans affected by the mortgage crisis

Immigration Equality’s high-performance policy team is expanding.  We are recruiting a new Policy Director who will build on our team’s core strength to take full advantage of opportunities to advance our agenda within the federal government over the next year and beyond. 

Founded in 1994, Immigration Equality is the country’s premiere legal aid and advocacy organization for lesbian, gay, bisexual, transgender and HIV-positive immigrants and their families.  Immigration Equality works to end discrimination against LGBT people in U.S. immigration law through education, outreach, and advocacy.  Immigration Equality’s pro bono asylum project represents LGBT people fleeing persecution with the participation of more than 40 top national law firms.  In 2009, Immigration Equality created the Immigration Equality Action Fund, a 501(c)(4), to expand its federal legislative advocacy.

We currently have a first-rate Legislative Director, Julie Kruse, and seek to build a bigger team that can design and execute an effective, nimble administrative advocacy strategy.  We are recruiting the perfect person to manage, grow and lead this expanded policy team.  The remainder of this presidential term is an extraordinary window of opportunity, and the organization is committed to putting resources into this area.

To learn more and apply, see the listing at PSLawNet!

The American City Coalition is a nonprofit organization which was founded in 1994 to promote best practices and innovation in neighborhood revitalization. The TACC Fellow will work on an intensive project not to exceed two months, collaborating closely with TACC staff and partners. The TACC Fellow will:

• Lead an independent project related to social and economic development of distressed neighborhoods and housing developments
• Coordinate and collaborate with consultants contracted by TACC
• Engage with relevant institutions at the local level
• Conduct specific research related to housing and residential services best practices
• Contribute to the research and writing

To apply, see the listing at PSLawNet!

From our peeps at Equal Justice Works:

Summer Corps will begin accepting online applications for the 2012 program on March 1, 2012.  The deadline to apply is March 23, 2012 at 11:59 p.m. EDT.  Late or incomplete applications will not be accepted. 

There are three steps you must take before completing an application:

• Make sure you are eligible to apply. Please see our member eligibility and criteria page for more information.
• Secure a qualifying project with a qualifying organization. To apply for Summer Corps you must first obtain a placement at a qualifying nonprofit organization. Equal Justice Works will not find a placement for you.
• Design a qualifying project. Summer Corps supports projects in which students provide primarily direct legal services to low-income and underserved individuals. Community outreach and education components are also encouraged. Projects where students are doing pure policy work do not qualify for Summer Corps.

The ATF is a unique law enforcement agency in the United States Department of Justice that protects our communities from violent criminals, criminal organizations, the illegal use and trafficking of firearms, the illegal use and storage of explosives, acts of arson and bombings, acts of terrorism, and the illegal diversion of alcohol and tobacco products.

ATF partners with communities, industries, law enforcement, and public safety agencies to safeguard the public we serve through information sharing, training, research, and use of technology.

The Bureau of Alcohol, Tobacco, Firearms and Explosives is responsible for administering and enforcing the provisions of the Gun Control Act of 1968, the Federal explosives laws, the National Firearms Act, and the Arms Export Control Act.  With regulatory, law-enforcement, counterterrorism, and homeland-security-related missions, ATF affords one of the most dynamic and interesting work environments in the Federal government.

Interns will work alongside ATF personnel conducting research and performing special projects designed to protect the public, while not imposing unnecessary burdens upon industry.  Additionally, interns may perform work within the Directorates various divisions.

Interested? Check the listing at PSLawNet for more information!

The United States Patent and Trademark Office – Commissioner for Trademarks offers a paid summer internship program for Law School students at our Alexandria, VA campus.

As a Student Trainee (Law) you will be responsible for, but not limited to, providing the following legal and administrative support activities:  handling research requests for examining attorneys, senior attorneys and managing attorneys to determine the registrability of trademarks under §§ 1, 2 and 45 of the Trademark Act (Lanham Act) and conducting research into ownership, disclaimer, identification and specimen issues.  The majority of the research is conducted on Lexis/Nexis, the internet, and other electronic databases.  Research is also conducted in trade publications, dictionaries and other paper-based sources.

Additionally, participants may be given the opportunity to draft an appeal brief for an ex parte appeal concerning a trademark application.

For more information, see the full listing at PSLawNet!

Like in the movie The 300, these folks deserved better.  From Government Executive:

A prestigious postgraduate fellowship program run by the Office of Personnel Management has acknowledged it sent acceptance letters to about 300 applicants by mistake in January.

The Presidential Management Fellows program had 9,077 applicants, nominated for the program by their graduate schools, for 2012. Of those, 628 were ultimately chosen as fellows and 1,186 were semifinalists. All semifinalists were invited to conduct in-person interviews.

Approximately 25 percent of the semifinalists received erroneous acceptance letters, according to Fox News.

The Madison-based Center for Media and Democracy, the non-profit, non-partisan publisher of PRWatch.org, ALECexposed.org, SourceWatch.org, and BanksterUSA.org, has openings for summer 2012 legal interns.

This summer, legal interns will assist with a project tracking “independent” election spending made possible by the U.S. Supreme Court’s Citizens United decision, in addition to other projects. Tasks will include legal and non-legal research and analysis, drafting internal memos as well as short articles, and other tasks to be assigned.

Learn more at PSLawNet!

By: Steve Grumm

Happy Friday, dear readers.  I’m traveling home to Philadelphia, where I will eat soft pretzels, catch hometown band Marah, and see photographer Zoe Strauss’s Phila. Art Museum exhibit.  Before the public interest news summary, here are some other news items that have captured my attention of late:

• Here’s a Wash. Post piece on managing Millennial Generation (a/k/a “Gen. Y”) employees that cuts through the criticisms that some Boomers and Xers lob at their younger colleagues – “they’re entitled; they’re know-it-alls” – and provides concrete tips for boosting Millennials’ happiness – and their productivity – in the workplace.  Now that that’s solved, how do we stop Millennials from dressing like it’s the 1980s?  No one needs that again.
• Despite the relatively positive jobs numbers reported last week, the government sector is faring poorly.  From the Bureau of Labor Statistics:  “Over the past 12 months, the [government] sector has lost 276,000 jobs, with declines in local government; state government, excluding education…”  This doesn’t speak directly to lawyer jobs, and based on data from NALP’s recent public interest employment market report I don’t think lawyers bore the brunt of gov’t. job cuts.  But the lawyer-employment picture isn’t rosy.  For instance, over half of local gov’t. law offices (excluding prosecutors and defenders) which responded to our Fall, 2011 survey were in a hiring freeze.
• This Wash. Post piece on a mini-trend of Chinese language immersion programs in U.S. elementary schools makes me wish I’d reconsidered immersing myself in 4 years of high school Latin.   

Okay, this week’s public interest news:

• indigent defense reform in Massachusetts plods along;
• needed: indigent defense reform, plodding or otherwise, in NOLA;
• Maryland legal services providers facing bad funding news;
• 5 myths about pro bono;
• DOJ to put ~$2.4 million in grant funding toward improving indigent defense;
• a $200K gift for a Philly legal services provider;
• but an inland California provider is going month-to-month with expenses;
• in Wisconsin, low prosecutor pay = high prosecutor turnover;
• the 25-year evolution of clinical legal education is the focus of a new law review volume;
• survey results shed light on what kinds of pro bono cases law firm lawyers are taking. 

The summaries:

• 2.8.12 – indigent defense reform in Massachusetts plods along…kind of.  For the second straight year, Gov. Deval Patrick has called for public defenders to [represent more] indigent clients, but members of the board overseeing the state’s public defense system are pushing back, suggesting the plan may be too much, too soon.  The governor’s budget proposes to hire 281 new public defenders to handle 50 percent of the case work for indigent criminal and civil defendants. If adopted, the state would shift further shift away from a reliance on private bar advocates and Patrick believes the state will save nearly $10 million in fiscal 2013.”  The board is concerned that Patrick is pushing change too quickly.

• 2.7.12 – in New Orleans trial judges are figuring out what to do following the public defender’s announcement about layoffs which include senior lawyers with large caseloads. (Report from WDSU TV.) A few days back a Times-Picayune editorial put the NOLA PD’s financial straits into context: “Eight out of every 10 criminal defendants in New Orleans are poor enough to need a publicly paid defense attorney. That makes the severe budget cuts in the Orleans Parish public defenders’ office a crisis that threatens the progress in prosecuting crimes…. [The defender’s office] announced this week that a budget shortfall had forced [the] lay off [of] 27 employees, including 21 attorneys.”  That’s one third of the office’s attorneys. 

• 2.6.12 – bad news for civil legal service funding in Maryland.  The Baltimore Sun reports: “A major funder of legal services for the poor will shave its grants by at least 5 percent across Maryland — even after dipping into its reserves.  The 34 agencies that receive money from the Maryland Legal Services Corp. have been told to submit requests for grants next month that are 5 percent below current amounts because it is facing a ‘significant’ funding shortfall…. The…two main funding sources — the surcharge on court filing fees for civil cases and [IOLTA proceeds] — have been hit by the economy.

• 2.6.12 – writing in the National Law Journal, Pro Bono Institute prez Esther Lardent identifies and debunks “Five Myths about Pro Bono.”  The myths:
  •  Law firms only want “sexy” pro bono matters;
  • Pro bono at large firms is dropping precipitously;
  • In-house pro bono is a passing fad;
  • Pro bono can supplant legal aid;
  • It’s all about the hours.

• 2.6.12 – from the ABA Journal: “U.S. Attorney General Eric Holder today announced two new [DOJ] programs aimed at helping to bolster indigent defense services at the state and local levels….  [T]he National Institute of Justice…will begin…soliciting applications within the next few weeks for grants to support research on fundamental issues of access to legal services…at the state and local levels. He said the institute will commit up to $1 million to support these grants.  Holder also said that, later this spring, the…Bureau of Justice Assistance will solicit applications from state and local jurisdictions for grants that would support on-the-ground efforts to help assure that defendants have access to counsel at the earliest stages of criminal proceedings; provide support for members of the private bar in representing indigent defendants; reduce caseloads; and support oversight of public defender and assigned counsel systems. Up to $1.4 million will be dedicated to this grant program.”  Here’s some Nat’l. Law Journal coverage of AG Holder’s remarks on the importance of a solid indigent defense system, made at the ABA’s midyear conference.

• 2.6.12 – good – nay, great – funding news, for a change.  The Phila. Business Journal reports that Community Legal Services received a $200K gift from Philly law firm Raynes McCarty.  Congrats, CLS!

• 2.5.12 – a story about the work of the Legal Aid Society of San Bernardino included a troubling passage about LASSB’s funding: “[A recent grant ensured that LASSB] could make payroll one more week and have a little money left over….  The organization, with an estimated $2 million annual budget, almost constantly searches for money to pay 13 employees, operate its office and provide services throughout the county….  ‘We are living right now from paycheck to paycheck,’ [executive director Roberta] Shouse said. ‘My bookkeeper tells me that we do not have enough money to go until Dec. 31.’  Since 2007, Legal Aid’s number of clients has increased from 4,485 to 5,071. Meanwhile, the organization lost nearly $139,000 from 2010 to 2011. It expects to lose about $110,000 in funding this year.  (Story from the Press-Enterprise.) 

• 2.4.12 – here’s a detailed report on the serious problem of low prosecutor pay and high prosecutor attrition – cause, meet effect – in Wisconsin.  One departing prosecutor, leaving after 5 years, referred to her “dead-end job.”  The low pay has led to a staffing reality that a lot of public interest organizations see: “There are newbies, potential retirees and not much in between in prosecutors’ offices.  Forty-two percent of assistant [DAs] have been in the field for fewer than five years and a third have more than 17 years of experience…”  Legislative proposals allowing for raised pay levels are in the works, but in the current fiscal climate few are counting on quick solutions.  (Article from the Appleton Post-Crescent.)    

• February, 2012 – the current edition of the New York Law School Law Review focuses on the evolution of clinical legal education over the past 25 years – 13 articles by my count.

• February, 2012 – some survey reporting from the folks at Pro Bono.net sheds light on what types of cases pro bono advocates are taking: “Family law and immigration were among the most popular areas for pro bono work in 2011, according to the 229 Probono.net members who took a recent survey on “Your Year in Pro Bono.” The survey, conducted during December 2011, looked at which areas of legal need were of interest, and why. Family law emerged as a top priority, with more than 27% of those responding having handled a family law matter as their last pro bono case. Following was immigration, at 15%. Other areas of interest included asylum, housing and military and veteran’s affairs. The survey showed a strong commitment to pro bono, with 52% of respondents having taken on their last case in the last three months, and 69% within the last six months. Awareness of the growing justice gap seems to be driving this activity.”