By: Steve Grumm

Happy Friday, dear readers.  Your PSLawNet Blog authors made a jaunt to the White House yesterday to watch as 16 Champions of Change, including two with PSLawNet ties, were honored for their extraordinary work in narrowing the civil justice gap.  I had hopes of starting a pickup basketball game with the president – as a youth I developed a pretty wicked crossover dribble on the Philadelphia playgrounds – but it was not to be.  Nice time all the same. 

This week: more on the Champions of Change event; a legal services office closure in Tupelo, Mississippi; former AppalReD exec. director sues the legal services provider for discrimination;  urging for a (limited) civil right to counsel in Wisconsin; O’Melveny & Myers pro bono counsel, David Lash, emphasizes the integral role of lawyers in narrowing the justice gap (great work, David!); federal honors attorney programs are shrinking considerably (boooo!!!!); “Police Women of Broward County” TV show puts bee in public defender’s bonnet; the Family Justice Center opens its doors as a one-stop-shop for DV victims in Sonoma County, CA; Congressional Quarterly looks at the legal services resources crisis.

• 10.13.11 – the White House’s Champions of Change program shined the spotlight this week on lawyers throughout the country who lead the charge in promoting access to justice for the poor.  You can view the full slate of honorees here.  At the event, the honorees fielded questions from law students about launching public interest careers and what they can do to narrow the justice gap while still in school.  On Monday, 10/17, those discussions and blog posts from the Champions will be on the Champions of Change site.  Some additional notes/coverage:
• The DOJ’s Access to Justice Initiative facilitated this event, and Attorney General Eric Holder led the ceremony and panel discussion.  Here is DOJ’s wrap-up of the event.
• We at NALP are thrilled that longtime member Deb Ellis of NYU Law is among the Champions of Change honorees.  Throughout her career in legal education Deb has produced programming and resources that are freely shared with law schools throughout the country, ultimately enabling them to better assist students on public interest career paths.  In this sense Deb has played a role in launching countless public interest careers.  (And thanks for the PSLawNet shout-out, Deb!)   
• We are also thrilled that Todd Belcore of the Shriver Center, who won NALP’s 2009 PSLawNet Pro Bono Publico Award (and has some great thoughts on how law students can develop leadership skills), is a Champion.  Way to go, Todd.
• The Champions honorees also include four leaders at LSC-funded legal services programs.

• 10.13.11 – and now, after that, here’s bad news on the access-to-justice front: “North Mississippi Rural Legal Services, which provides legal help for low income families, will remain in Oxford but a Tupelo office will close. Legal Services has five offices covering 39 counties. The Tupelo office served 10 counties.” (Blurb from an AP story appearing on The Republic’s website.)

• 10.13.11 – and more bad news, this time out of Kentucky.  From the Herald-Leader:  “A woman who once directed the agency that is the main provider of civil legal help for poor people in Eastern Kentucky has alleged that its board fired her because of her gender and race.   Cynthia Elliott, who is black, also contended in a lawsuit that the board of the Appalachian Research and Defense Fund of Kentucky fired her in retaliation for firing white employees. The board dismissed Elliott in January. She had been director of the agency, known by the acronym AppalReD, since 2007, and had been one of its staff attorneys earlier.”

• 10.12.11 – Legal Aid Society of Milwaukee executive director Thomas Cannon makes the case for a civil right to counsel in the Milwaukee Journal-Sentinel: “Poverty qualifies more than a million Wisconsin residents for free legal services, but because of the chronic underfunding of civil legal aid programs, only about 5% of these individuals will actually get a free lawyer. The other 95% are on their own. Congress is proposing to cut the modest budget for federal legal services programs. In Wisconsin, Gov. Scott Walker and the Legislature eliminated all state funding for civil legal aid. Wisconsin is now one of a handful of states that provide no funding for civil justice. This dire situation could change if the Wisconsin Supreme Court enacts a proposed rule change that directs trial court judges to appoint lawyers at public expense in civil cases where basic needs – food, shelter, clothing, heat, medical care, safety and child custody – are at stake. The court recently held a public hearing on the rule change; it will discuss the matter in open session on Oct. 17 in Madison.”  Just as an interesting bit of trivia, Cannon notes that the Wisconsin Supreme Court established a criminal right to counsel all the way back in 1859.  I come from a civil legal services background, so I’m fairly ignorant on state-by-state criminal right-to-counsel jurisprudence predating Gideon. This was a surprise to me.

• 10.10.11 – David Lash, managing counsel for pro bono at O’Melveny & Myers (and friend of the PSLawNet Blog), penned a great piece about the vital role of lawyers in providing access to justice at a time when more and more people fall into poverty.  Writing in the L.A.-based Daily Journal (and writing in his individual capacity, not on behalf of his law firm), Lash highlights the growing numbers of Californians living in poverty (over 16% of the state population) and notes that many more people are technically above the poverty line but hardly able to make ends meet.  He then lists concrete examples of the work that pro bono and legal aid lawyers do to serve those clients on society’s margins, and closes the piece as follows: “So let us not forget that although our greatest hopes lie in the greatest judicial system the globe has ever seen – that system is daunting, intimidating and overwhelmingly complex for those who are unrepresented. Democracy’s promise sometimes is entirely dependent on access to the justice system; access that requires a lawyer to navigate its intricacies and nuances. So as we debate budget cuts, let us remember the key role of the legal system. It is a worthy investment where every dollar spent is leveraged through the generous largesse of everyday lawyers devoting their time and skills to save lives.”  Well said.  Alas, the article is password-protected, so we can’t provide a link to it.

• 10.10.11 – wonderfully reported article, but bad news.  In the National Law Journal, “Cuts constrict lawyers’ route to federal jobs” takes a close look at how the attorney honors program pipeline, which has historically served as a terrific point of entrance to federal government, is looking more like a funnel.  The article contains several useful data points about agency-by-agency honors program hiring.  DOJ, for instance, took on 165 honors attorneys this year, but that is “down from 211 in 2010. Next year, there are only 70 to 80 slots available.”  The piece also notes that competition for the dwindling slots is up significantly, as more and more students who feel shut out of the private sector look to Uncle Sam for a job.  Interestingly, the piece goes on to note, law school rank is not necessarily a big criterion in hiring decisions. DOJ hires grads from lower-ranked schools if they have strong academic credentials and a demonstrated interest in the subject matter area.  The piece closes by suggesting that salary is not the allure of honors programs; rather, honors attorneys get hands-on practice experience right out of the gates.

• 10.10.11 – is the Discovery Channel THE LAW in Broward County?  On something of a lighter note, the Sun-Sentinel looks at a Broward County public defender’s objections to Discovery’s “Police Women of Broward County.”  From the article: “Contracts for four deputies who appeared on the ‘Police Women of Broward County’ reality show give TV producers too much power, the Broward public defender says. ‘Who is producing the arrests, the officer or the show?’ asked Chief Assistant Public Defender Gordon Weekes Jr. ‘This contract basically delegates a law enforcement officer’s duty to a third party’.”

• 10.10.11 – from the Santa Rosa Press Democrat, we learn that the newly opened Family Justice Center of Sonoma County offers a broad array of support services for domestic violence victims:   “A study determined victims of domestic violence, sexual assault and crimes such as stalking and elder financial fraud could be required to visit two dozen different agencies if they wanted to use public services available to them. Since many victims can lack transportation, be financially strapped or be pursued by an abuser, advocates determined it would be best to put all the assistance for them under one roof. The county bought and renovated a former office building with grants and donations of about $6 million and invited more than a dozen victim advocates from organizations like Catholic Charities, the Council on Aging, the YWCA and the Inter-tribal Council. The center is staffed by police and district attorney employees, an immigration adviser, an advocate for the deaf and a civil attorney who provides advice about harassment and getting restraining orders.” 

• 10.7.11 – the Congressional Quarterly Researcher put out a report on the civil legal services community’s resource crisis.  It’s password-protected, though, so we can’t get to it.  But FYI. 

By: Steve Grumm

Greetings, dear readers.  We’ll get to the news bulletin after we deal with the make-it-or-break-it contest tonight between the Glorious Philadelphia Phillies Baseball Franchise and the nefarious Cardinals of St. Louis.  I’m not prone to hyperbole, but this is Luke against Darth, Holmes against Moriarty, and Chief Brody against Jaws all rolled into one.  Turns out I am prone to hyperbole.  Game 5 takes place this evening.  I trust that all of our regular readers (all four of you) will don Phillies regalia and wave the rally towels in a show of solidarity with your author.  Go Phils!

What’s new in the public interest world this week?  The towering announcement, of course, came right from us, when we congratulated the law-student winner of the 2011 PSLawNet Pro Bono Publico Award.  Also this week: a protracted union battle involving LA County prosecutors; an NY judge ponders an AmeriCorps-like program for recent law grads to represent indigent clients; a Civil Gideon in the Badger State(?); funding cuts threaten prosecutors and defenders in The OC; defenders in Riverside County are faring a little better; Montana’s new(ish) indigent defense program is searching for a new head honcho; and a look at the need for legal services among the increasing numbers of poor people in New York.

• 10.7.11 – a development in a nasty, ongoing battle between unionized Los Angeles County prosecutors and the local district attorney.  From the Contra Costa Times: “The union representing Los Angeles County prosecutors took a big round this week in its battle with District Attorney Steve Cooley, with a tentative settlement granting it a permanent injunction and $575,000 in penalties. The deal calls for the county to pay $125,000 to the Association for Deputy District Attorneys and $450,000 to Deputy District Attorney Marc Debbaudt, who had alleged retaliation for his union activities. The settlement, still subject to Board of Supervisors’ approval, also made permanent a temporary court injunction ordering Cooley to refrain from harassing or intimidating ADDA members based on their union membership. Cooley and the ADDA have been at odds since the union was formed three years ago, resulting in numerous administrative and legal battles.”  I am a friend of organized labor. But, man, a union full of lawyers can’t be easy to deal with.

• 10.5.11 – an AmeriCorps-like program for recently graduated civil legal services attorneys(?).  The Albany Times-Union reports that one New York jurist is thinking outside the box about how to narrow a widening justice gap in light of large numbers of un- or underemployed law grads.  Judge Michael Coccoma offered, “…'[W]hen I hear that an increasing number of recent law school students are unable to find jobs, I ask myself, why can’t we develop funding streams and programs which would provide an opportunity for these attorneys, who are eager to put their skills to work in a public-service program, providing legal services for the poor?’.  Coccoma suggested that in exchange for a two- or three-year commitment in that type of program, the new lawyers could receive a reduction in their student loan. He compared it to AmeriCorps programs which enables college graduates entering health care fields to get assistance with their tuition.”  My reaction to such a proposal is mixed. 

• 10.5.11 – the cheeseheads ponder a civil Gideon.  From the State Bar of Wisconsin: “The Wisconsin Supreme Court held a public hearing on a rules petition that would create a right to publicly funded counsel for indigent litigants in certain civil cases.  The court took no immediate action following the public hearing yesterday (Oct. 4), but may take the petition up again on Oct. 17 at a previously scheduled open administrative conference.  The concept advanced by the petition…would provide that in certain civil actions, an indigent litigant would have an attorney appointed at public expense when needed to protect the litigant’s rights to ‘basic human needs, including sustenance, shelter, clothing, heat, medical care, safety and child custody and placement.’ The petition was filed in September 2010 by attorney John F. Ebbott, the executive director of Legal Action of Wisconsin (LAW). Ebbott presented the petition to the court at the public hearing, supported by many other professionals in the legal aid community. 

• 10.5.11 – in California, funding cuts threaten Orange County prosecutors and public defenders.  The Voice of Orange County reports that the district attorney (along with the sheriff) pressed the county board of supervisors not to go through with cuts.  A day before the Orange County Register covered the impact of cuts on the public defense program: “The County of Orange will be forced to pay for private attorneys to represent indigent defendants after the Board of Supervisors agreed to make $29.5 million in emergency budget cuts Tuesday, including laying off seven public defenders. The public defender says the cuts will cripple its ability to perform its constitutionally mandated duties.”   

• 10.4.11 – the Riverside County PD’s office is faring better than its OC counterpart.  As we noted in the Bulletin a couple of weeks ago, the Riverside County public defender’s office was trying to get legislators to cancel a 5% budget cut.  Success!  From the Valley News:  “Riverside County Public Defender Gary Windom’s request for an additional $1.4 million to close a gap in his budget and keep current positions filled was approved today by the Board of Supervisors.  Without comment, the board voted 4-0 … to make the appropriation, without which an investigator position and 18 clerical and technical jobs would have been in jeopardy. In June, Windom told the board that a 5 percent cut in general fund appropriations for the Office of the Public Defender would strain the agency’s resources and lead to delays in moving cases through the courts.”

• 10.3.11 – help wanted in the Treasure State!  Montana is running a nationwide search for a new chief public defender.  From the Billings Gazette: “The four-year-old system provides legal representation to people accused of crimes who can’t afford attorneys. Its first chief, Randi Hood, resigned four weeks ago, saying she wanted to leave her administrative post and continue work in the courtroom as a public defender. Montana overhauled its system for defending the poor in court in response to a lawsuit by the ACLU, which alleged that the old system run by the counties provided unequal treatment for indigent defendants across the state. The system has a $23 million budget this year and about 200 full-time positions. Its headquarters are in Butte.”

• 9.30.11 – a short WNYC article highlights the need to bolster funding for legal services funding at a time when more and more New Yorkers are eligible for, and in need of, legal services.  It references chief judge Jonathan Lippman’s present and past efforts to shore up funding in hard times.  (The article botches a statement about how, on the federal level, Senate and House appropriations committees have both recommended 2 budget cuts to the Legal Services Corporation.  In fact the House committee wants to axe 26% of LSC’s congressional funding.)

By: Steve Grumm

Happy Friday, dear readers, and greetings from the nation’s capital, where the First Lady is out and about with the regular people and those wiseacre rascals at the Onion have drawn the attention of Johnny Law.

This week in the public interest world: a Rainbow State legal services program merges with Appleseed; Cleveland Legal Aid Society gets a $ boost to help with an office move; the importance of maintaining government legal services funding here in DC; MLAB hits the century mark, and there’s no shortage of work; news about the new USAJobs site; training bilingual law students in proper legal translating/interpretation (great idea!); checking in with the Legal Services Corp.’s prez; AtJ in the Cornhusker State; a long-cherished UAW legal services programs is going the way of many other union benefits. 

• 9.28.11 – from a press release published in the Hawaii Reporter, we learn that a legal services program is merging into the national Appleseed network: “The Board of Directors of Lawyers for Equal Justice (LEJ) is proud to announce that LEJ is joining with 16 other public interest justice centers in the United States and Mexico affiliated with the Appleseed organization.  LEJ’s new name is the Hawaii Appleseed Center for Law and Economic Justice.” 

• 9.28.11 – the Morning Journal reports on some good news for our friends at the Legal Aid Society of Cleveland.  Law firm largesse recently helped LAS relocate its Lorain County office.  Wickens, Herzer, Panza, Cook & Batista donated $40,000 to LAS to assist with the move and office operations.  (Name-partner Richard Panza is an LAS board member.)

• 9.27.11 – right here in the District, UDC Law Professor Matthew Fraidin makes the case for local government funding of legal services.  Writing in the Huffington Post, Fraidin highlights a recent death of a woman who had sought, pro se, a protection order against the alleged killer.  Fraidin uses this tragedy to illustrate the invaluable role that public interest lawyers play in guiding DV victims through a highly complex legal system.  (He notes the benefits of representation for alleged DV perpetrators, as well.)  As DC’s local elected officials are forming the budget, Fraidin argues, they must appreciate the value and importance of funding legal services.”

• 9.26.11 – the Maryland Legal Aid Bureau turns 100. Birthday present: tons and tons of clients. A Baltimore Sun article highlights the uptick in cases: Legal Aid, which employs about 150 lawyers around the state, has seen its annual caseload grow from less than 42,000 five years ago to nearly 70,000 in the fiscal year that ended in June.  The challenges faced by clients reflect the times. Unemployment insurance cases are up 150 percent in the last four years. Consumer collection cases — default on debt, Social Security attachments and the like — are up 30 percent.”

• 9.26.11 – the new (and promised-to-be-improved) USAJobs website is set to launch officially on 10/13.  From the Government Executive website, some important details about the transition: “Agencies will have to close all open job announcements before Oct. 6, when the system will be made unavailable to all applicants. The downtime will allow agencies to move data to the new platform built by OPM and create a level playing field for job seekers and human resources staff. According to agency officials, the system could be back up and running as early as Oct. 11.”

• 9.26.11 – here’s one from the “good ideas” department.  The Jacksonville Daily Record reports that a group of bilingual Florida Coastal Law students participated in the “Interpreting and Translating in a Legal Setting” training.  “Led by Elizabeth Cuevas, the Clinical Student Representative for the Florida Coastal Immigration Clinic, students learned the differences between interpreting and translating and their roles in helping clients through the clinical program and from possible outside agencies.” While working in legal services I relied on law students and support staff for interpreting and translation help with non-English-speaking clients.  It’s pretty easy to tell the difference between a trained interpreter and an untrained one, and working with someone who’s trained makes a huge difference.  

• 9.25.11 – the Washington Post checks in with Legal Services Corporation president Jim Sandman, who has taken the helm in stormy seas.  LSC faces congressional funding cuts and continued scrutiny of its grantee monitoring procedures. Sandman offers four of his goals moving forward:

• “Create an independent body to make fiscal operations more efficient;
• Focus on getting services to hard-to-reach communities;
• Prove legal aid is different [than other federally funded programs that are threatened with funding cuts.  In particular: providing citizens with equal access to justice is in keeping with our Constitution’s fundamental tenets.]
• Seek alternative revenue sources.”

• 9.25.11 – AtJ news from the Cornhusker State.  The Grand Island Independent – hey, I spent a night there in a roadside motel while driving cross-country in my beloved 1991 Honda Civic – reports on a widening justice gap.  “More Nebraskans than ever have the need for free legal aid, but the available funds and number of attorneys willing to take on a pro-bono case are limited, said a group of Nebraska Bar Association executive committee members who were traveling the state last week talking about the cause…. State bar president-elect Warren Whitted noted that “of 25,000 qualifying applications [for legal services], about 10,000 were able to be served [because of resource shortages]. Most of those cases involved domestic matters, landlord/ tenant disputes, and social security questions.”

• 9.24.11 – did you know that, for decades, free legal services were available to some GM autoworkers via their union contract?  Neither did I.  Does it surprise you that this benefit is going away as the UAW continues a fundamental restructuring of its relationship with American automakers?  Me neither.  The Detroit Free-Press reports that via a tentative labor deal, in 2014 a UAW-created legal aid program will come to an end: “The program, which operates separately from the UAW, employs about 200 attorneys and covers legal services, such as adopting a child, probate proceedings and real estate disputes.”  Similar programs for Ford and Chrysler workers could suffer the same fate.  

By: Steve Grumm

Happy Friday, dear readers.  Thanks for reading our weekly attempt to track goings-on in the business of public interest law – particularly developments that affect funding and employment – as well as news from the legal education world that impacts the way we train tomorrow’s public interest advocates.  If you are  also interested in keeping up with similar developments in the larger legal industry, check out NALP’s Industry News Weekly Digest.  Published every Friday morning, the digest is authored by NALP executive director Jim Leipold, one of the industry’s closest watchers, and a darned fine dresser (read: my boss). 

This week: some funding for a new Northeastern Law pro bono program; nonprofits bracing for impact from looming federal budget cuts; the University of Maryland’s law school also gets pro bono dollars; the 20^th century saw the dawn and significant evolution in public interest law practice; a new Chicago-area legal helpline for undocumented immigrants is fielding calls from across the nation; a California public defender seeks to undo county budget cuts (we suspect he’s not alone in this endeavor); from tragedy emerges a creative means to support a public defense program; the Dallas D.A.’s family violence unit faces a budgetary axe; and, significant changes to both the Massachusetts and Missouri public defense systems.

• 9.22.11 – good news for Northeastern Law students and Beantown micro-entrepreneuers.   According to the Boston Business Journal the law school “has been awarded a $500,000 grant by the U.S. Department of Commerce to set up a center at the school that will provide free legal services to local low-income or under-served entrepreneurs, the school said on Thursday.  The new center will focus on several emerging industries in Massachusetts including clean energy; green technologies; science and health technologies; and small and ethnically diverse businesses, according to Northeastern.”  One of the particularly nice things about these kinds of pro bono programs is that law students who participate will be able to develop transactional skills, which is not the norm with most pro bono opportunities.

• 9.21.11 – noting that the Legal Services Corporation’s congressional appropriation is on the chopping block, the Nonprofit Quarterly offers some broader perspective on how other nonprofit sectors which rely on federal dollars may fare in the FY12 budget process.  The picture’s not pretty.

• 9.20.11 – more good news on the law school pro bono funding front.  The National Law Journal reports that the University of Maryland’s law school received a $1 million grant from the Moser Family Philanthropic Fund to “establish the Moser Ethics in Action Endowment, which will fund projects and courses centered on ethics, pro bono and professionalism.”

• 9.19.11 – Chip Mellor of the libertarian Institute for Justice pens a Forbes.com piece looking at “Public Interest Law, Then and Now.”  In the early 20^th century both the NAACP and the ACLU “realized that without an effective and persistent courtroom presence, they would not be able to secure the rights and goals they sought. In the coming decades, their programs evolved and other organizations on both the left and the right launched their own public interest law efforts. As a result, the role of the courts and the nature of legal advocacy were transformed.”  As time passed, “public interest law came to involve more than just litigation. The tactics incorporated media relations and mobilization of the public. And it involved appearing in court representing a client and advocating a cause for the purpose of achieving larger social and legal goals.”

• 9.19.11 – from the Huffington Post: “The nation’s first 24-hour hotline for undocumented immigrants seeking information about deportation went live in Chicago Monday….  Created by the Illinois Coalition for Immigrant and Refugee Rights (ICIRR), the Deportation Family Support Hotline is run by volunteers. During the monthlong trial, 67 volunteers responded to 173 calls from across the country seeking advice about deportation law, the Chicago Tribune reports.”  We’re not sure, but it doesn’t appear that law students are engaged as hotline volunteers.  This seems like a great opportunity for student pro bono work, however.

• 9.19.11 – in California, Riverside County’s public defender is asking county officials to reconsider budget cuts put into place earlier this year.  From the Southwest Riverside News Network: “Riverside County Public Defender Gary Windom is expected to ask the Board of Supervisors Tuesday for $1.4 million to cover a gap in his office’s budget that, if not closed, will result in layoffs.”

• 9.19.11 – here’s a creative way to support a public defender program.  According to the Arizona Daily Star the widow of an attorney who was killed earlier this year has donated his wardrobe to the “Yuma Public Defender’s Office so destitute defendants can increase their chances of having a fair trial” by looking presentable during courtroom proceedings.

• 9.19.11 – some dark clouds looming over the Family Violence Unit in the Dallas D.A.’s office.  According to KERA, the unit “could take a hit when County Commissioners approve a new budget tomorrow. KERA’s BJ Austin says state grant money is running out, and the county can’t pick up the cost….  Officials with the District Attorney say the loss of [the unit’s three positions] will make prosecution of domestic violence cases much slower.”

• 9.17.11 – Significant changes in the Massachusetts indigent defense system are moving forward.  The Taunton Daily Gazette reports: “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…..  Patrick ultimately signed a state budget 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.  [An official with the state’s public defense administration] said the plan will likely require hiring 346 new full-time employees, including attorneys, support staff, social workers and investigators.”

• 9.16.11 – change is also afoot in the Show-me State’s indigent defense system.  From the Columbia Missourian:  “The Missouri State Public Defender Office has changed the way it contracts with and oversees private attorneys to reduce the wait time for indigent defendants who need an attorney and increase the monitoring of private attorneys who take cases…. It’s been 22 years since the public defender system had enough lawyers to handle the number of cases it received. The gap between capacity and caseload grew through the ’90s and “escalated dramatically” from 2000 to 2009,” according to Missouri Public Defender System director Cat Kelly.

By: Steve Grumm

Happy Friday, dear readers.  This week’s Bulletin comes to you from a small beach cabin on Cape Cod, where the Internets are spotty but the ocean is gleaming beautifully in the morning sun.  Seemingly overnight, summer has given way to a brisk, lovely autumn morning.  Please pardon typos as I’m laboring with an intermittent Web connection and will call it a victory just to get this blog post published.  

This week: law students aiding a New York federal court in handling an influx of mediation cases; also in the Empire State, chief judge Jonathan Lippman is again on the warpath for more legal services funding; what a Legal Services Corporation funding cut would mean in Maryland, and why taxpayer $ should support legal services; big LSC news – Senate appropriators are contemplating a 2% dip in FY12 LSC funding; to narrow the justice gap, pro bono guru Esther Lardent calls for mandatory law school pro bono (among other measures); the Census Bureau’s release of alarming poverty data, and what it means for the legal services community; the state of legal services funding in the Glorious Commonwealth of Pennsylvania; a big medical-legal partnership conference is about to get underway in the Bay Area. 

• 9.16.11 – there has been much coverage lately in legal and national media about resource shortages confronting court systems throughout the U.S. The Southern District of New York is bringing on law students to help handle its caseload.  From the New York Law Journal: “The Southern District has enlisted three area law schools in a new program that will give participating students a practical exercise in client advocacy and managing expectations and help the court cope with an expected upsurge in mediations. Under the supervision of their professors, approximately 30 students at New York Law School, Seton Hall Law School and Brooklyn Law School will represent about 20 employment discrimination plaintiffs in court-referred mediations. They will meet with clients to ascertain their goals, prepare mediation statements and conduct negotiations before volunteer mediators. If a resolution is reached, the students will also help draft the settlement agreement. However, students will not represent plaintiffs in litigation if the mediation is unsuccessful.”

• 9.15.11 – more New York.  The state’s top jurist is once again leading the charge for state legal services funding.  More New York Law Journal: “With grim economic realities persisting in New York, Chief Judge Jonathan Lippman will renew his efforts beginning next week to drive home to the governor and the Legislature the need for greater state funding for civil legal services for the poor. The chief judge will preside over the first of four planned hearings Tuesday in White Plains along with Chief Administrative Judge Ann Pfau, New York State Bar President Vincent E. Doyle III of Connors & Villardo in Buffalo and A. Gail Prudenti, presiding justice of the Appellate Division, Second Department. Presiding justices of the other three departments will appear at later hearings in Manhattan, Albany and Buffalo.”

• 9.14.11 – in a Baltimore Sun op-ed, Legal Services Corporation board chair John Levi explains what’s at stake if LSC funding sees a significant cut in FY12, lays out the growing need for legal services among Terrapin Staters and Americans generally, and makes the case for supporting federal funding of legal services: “Across the country, civil legal assistance supports the orderly functioning of the civil justice system and access to administrative agencies throughout government. Large numbers of unrepresented parties in courts slow dockets and reduce efficiency in the administration of justice for everyone who needs to use the court system. Individuals unable to obtain advice may later be faced with far greater consequences than if they had been able to have their matters sorted out at an early stage.”

• 9.14.11 – the National Legal Aid & Defender Association is keeping us looped in about LSC appropriation  news on the Senate side.  Recall that a House FY12 proposal would slash LSC funding by over 25% (from just over $400m to $300).  Things are looking a little better in the Senate.  From NLADA: “The Senate Commerce, Justice, Science and Related Agencies (CJS) appropriations subcommittee marked up its FY 2012 funding bill today. The bill includes $396 million for LSC, which is a 2 percent decrease from the FY 2011 level of $404 million. Full committee markup is scheduled for tomorrow, September 15. The House full committee recommended a FY 2012 level of $300 million. No appropriations bills have been cleared and appropriators are preparing a Continuing Resolution (CR) to keep the government running after the end of the fiscal year (September 30).”  Here’s an LSC press release about the subcommittee’s markup.  (Unfortunately, being out of DC and with limited Internets I’m not sure what’s happening with the full Approps. Committee.  I’ll tweet word as soon as I have it.) 

• 9.13.11 – the Pro Bono Institute’s Esther Lardent pens an opinion piece asking, “Is It Time for Mandatory Pro Bono?” in light of the ever-widening justice gap.  Her answer: not yet.  “For both philosophical and highly pragmatic reasons, I believe that mandatory pro bono should be the last possible resort.”  But Lardent does offer some options for increasing pro bono service, one of which is mandatory pro bono in law school.  “Including a substantial pro bono contribution to the American Bar Association law school accreditation standards — e.g., 150 hours during the course of law school as a condition of graduation — would create additional pro bono resources while promoting an appetite for pro bono and teaching tomorrow’s lawyers how to integrate pro bono into a busy schedule.”  Interesting stuff. 

• 9.13.11 – as has been well documented in the media, the U.S. Census Bureau released 2010 poverty data.  The data are – I won the Latin Scholar award in high school so you’re darned right I only use “data” in the plural – less than encouraging.  (Some findings below.)  John Levi, the aforementioned Legal Services Corporation board chair, issued a statement reacting to the data: “The U.S. Census Bureau released its official 2010 statistics on poverty this morning, and the data show that nearly one in five Americans qualifies for civil legal assistance at the legal aid offices funded by the Legal Services Corporation (LSC).  The number of Americans now eligible for legal services is staggering: more than 60.4 million, up 3.6 million from the prior year.  These 60 million Americans had incomes at or below 125 percent of the federal poverty line—$13,613 for an individual and $27,938 for a family of four.”  Here’s some data from the Census Bureau’s report:
• “The poverty rate in 2010 was the highest since 1993….  Since 2007, the poverty rate has increased by 2.6 percentage points.
• 15.1% of the population in 2010 was living in poverty.  That’s almost one in six people.
• “In 2010, the family poverty rate and the number of families in poverty were 11.7 percent and 9.2 million, respectively, up from 11.1 percent and 8.8 million in 2009.”
• Over 1 in 5 children lives in poverty.

• 9.11.11 – the Pittsburgh Tribune-Review uses remarks from former U.S. Attorney General Richard Thornburgh about pro bono as a launching pad for a review of the legal services infrastructure  in the Keystone State.  Thornburgh “believes pro bono work should be included among the continuing education requirements Pennsylvania lawyers complete every year. It’s a suggestion he made in Boston last month at the first meeting of the 50-member pro bono task force created by the Legal Services Corp….”  The article goes on to look at recent legal services developments, including a letter from the state’s chief justice, imploring lawyers to do more pro bono work, and a 9% cut in state funding of legal services. 

• 9.9.11 – just a few hours from this blog post’s publication, a bigtime medical-legal partnership conference is taking place in one of our nation’s most beautiful locales.  From a press release: “The Bay Area’s most progressive healthcare and legal professionals, students and educators will gather at UC Hastings on Friday, Sept. 16 (8:30 a.m.-5 p.m.) to mark the first Medical-Legal Partnership conference on the West Coast. Their goal: to transform medicine and law practices to improve community health.  The all-day summit is part of the Medical-Legal partnership movement, a healthcare and legal services delivery model that improves health and well-being of vulnerable populations by integrating health and legal systems. The event has been planned by the Medical-Legal Bay Area Regional Coalition (M-BARC), a partnership that includes 10 Medical-Legal Partnerships with 18 medical sites.”

By: Steve Grumm

Happy Friday, dear readers.  Greetings from a rainy, gloomy Washington, DC.  This is perhaps appropriate, as most everyone inside the Beltway is mindful that almost 10 years have passed since the September 11th attacks.  Things here livened up a little bit this week with the Republican presidential candidates’ debate and last night’s presidential address, the combination of which suggests that the 2012 election season is already upon us.  Thirteen months of this.  Oh, what unmitigated joy. 

This week in public interest news: the Maryland Legal Aid Bureau hits the century mark; a handful of law schools create “incubation programs” for aspiring solos, and at least two of them are serving low-income clients; some much-needed matching funding for Pisgah Legal Services; an eleventh-hour layoff aversion in the Sacramento D.A.’s office; Vermont Law School’s doing its part to aid flood victims; the Mass. Bar Association goes all medical-legal partnership on us;  UVA Law’s Innocence Clinic scores some big wins;  read about a not-so-good proposal to change Tennessee’s indigent defense system; an in-depth look at pro bono programs within large, Windy City law firms; Utah prosecutors support bolstering indigent defense; how a huge, potential LSC $ cut will impact Legal Services of Southern Missouri; an anonymous, non-lawyer drops $2 million on the Maine Bar Foundation’s’ doorstep (metaphorically).  My money’s on Steven King. 

• 9.8.11 – I’ve been feeling my joints creak since I turned 35 in August, but the Maryland Legal Aid Bureau is 100.  That’s really old.  WBAL has details on the community birthday party that MDLAB is hosting in Charm City tomorrow.

• 9.7.11 – the National Law Journal looks at a handful of law schools that have created “incubation” programs which provide in-kind support and mentoring for recent grads who aspire to solo practice but want to hedge against the insecurity of going it entirely alone.  Why am I mentioning this?  Two of the schools, the Univ. of Maryland and CUNY, have built a public interest dimension into their programs: “At CUNY, incubator participants do a significant amount of…”low bono” work. They earn $75 an hour for providing legal representation to underserved communities…, paid for by contracts with New York City. The work provides the new attorneys with experience and exposure, and provides representation to people who otherwise could not afford an attorney….  The University of Maryland’s solo incubator…also promotes civil justice. Participants…assist on grant-funded cases through Civil Justice Inc., a nonprofit law office that serves low-income clients….”  

• 9.7.11 – some good news for Pisgah Legal Services in North Carolina.  It may not seem that having $17K in county grant money restored is newsworthy.  But the money constitutes matching funds for domestic-violence grants.  So it’s important.  The Times-News reports: “The Henderson County Board of Commissioners voted unanimously Tuesday to give Pisgah Legal Services money it needs to match domestic-violence grants, essentially reinstating the funding that they denied the regional nonprofit in June.  While the grant was requested by Pisgah Legal Services Executive Director Jim Barrett to match domestic violence prevention grants his organization has secured through the Governor’s Crime Commission, it is nearly the exact same amount — $16,833 — that Barrett previously asked the board for during county budget talks.”

• 9.6.11 – layoffs averted in the Sacramento DA’s office.  And we can thank Big Oil.  Sort of.  KCRA reports:  “Three months ago, [District Attorney Jan] Scully said budget cuts were forcing her to lay off 64 people, eliminate several units and stop prosecution of most misdemeanor crimes.  Now, Scully said a $24.5 million settlement in a lawsuit against Chevron for violating the state anti-pollution laws is making the difference.”  The DA’s office will get 6.5 million from that pot of money.

• 9.6.11 – news from the Great Wet North.  Vermont Law School, which itself fell victim to post-Irene flood damage, has been doing its part to help its neighbors, according to the National Law Journal: “The law school’s land use clinic and its South Royalton, Vt., legal clinic have teamed up to assist residents in filling out applications for assistance from the Federal Emergency Management Agency. Students are on hand daily in the school’s law library to help people complete emergency paperwork.  The law school has designated two staff members to work full time on relief efforts and is allowing staff members to receive full pay while volunteering.”

• 9.6.11 – the Massachusetts Bar Association has gotten into the medical-legal partnership game with a new pro bono initiative, according to a piece in The Republican:  “To address the intertwined health problems and legal needs of such vulnerable patients, the Massachusetts Bar Association and Massachusetts Medical-Legal Partnership network have joined forces to launch the MBA Pro Bono Prescription.  This pioneering effort unites health-care teams and lawyers toward a shared goal of strengthening struggling communities. The MBA Pro Bono Prescription aims to increase the supply of lawyers who can prescribe legal remedies to help avert both legal crises and health emergencies.”  (For the law students in our readership, you can learn much more about medical-legal partnerships, which have been steadily increasing in number across the country, via the National Center for Medical-Legal Partnerships.  The basic goal is for poverty lawyers to work with other social services providers in providing more holistic services to clients, and ideally addressing root causes of medical and legal problems to avoid their recurrence.)

• 9.6.11 – the Cavalier Daily reports that the University of Virginia School of Law’s Innocence Project has done well in the overturned conviction department, first removing a man from Death Row and then having his 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.”

• 9.4.11 – an op-ed in The Tennessean appropriately skewers a really bad idea for saving cash on the state’s indigent defense funding:   “The state’s indigent defense fund’s cost has grown from $19.9 million to $37.5 million since 2004. There were 126,000 legal bills submitted by attorneys to represent poor clients last year. Lawmakers cried “whoa!” and asked the courts’ administrative office to figure out how to save money.  What they came up with is a proposal that has been widely poo-pooed by attorneys, judges, experts and professional groups. It would set up a bidding system in which attorneys or law firms would get the right to represent the indigent for a flat fee if they are the lowest bidder. All the sudden, in Tennessee, justice would be akin to road contracts or buying computers.”  (“Poo-pooed” did not pass spellcheck, but frankly I have no interest in learning how to spell it.) 

• 9.4.11 – the Chicago Lawyerhas a long, detailed piece surveying the pro bono models at several of the Windy City’s large law firms: “In recent years, as pro bono leaders in Chicago law firms worked to increase pro bono participation, they began to integrate pro bono…into the operations of their firms. Many of these programs now serve as separate practices, often with their own staff and policies….  While some…firms still encourage lawyers to select their own projects, other firms take a more focused approach, searching for specific opportunities to help those in need while training young associates. They also adopt and offer holistic services to nonprofit organizations and secure finance or real estate matters for transactional lawyers.”  Firms highlighted in the article include Katten, SNR Denton, Holland & Knight, DLA Piper, Winston & Strawn, and Mayer Brown, among others.  Chicago Bar Foundation executive director Bob Glaves, a friend of the PSLawNet Blog and a superb advocate for the local public interest community, is quoted in the piece.  This provides an opportunity for me to note that the Cubs record is 62-81.  Hi, Bob!

• 9.2.11 – three county prosecutors in the Beehive State take to the pages of the Salt Lake Tribune to argue, wait for it, for bolstering Utah’s patchwork of county indigent defense systems:  “Because prosecutors are committed to doing justice, we support a strong and vigorous indigent defense system. We stand ready to work together with all interested parties to meet our constitutional obligations to do justice as effectively and efficiently as possible.”  But there’s a catch, of sorts.  The authors are writing in the wake of an ACLU of Utah Report, Failing Gideon, which called for a statewide fix for what is now an uneven county-by-county system.  The three prosecutors prefer a local approach, as they don’t think a statewide solution is feasible in the present economic climate. 

• 9.1.11 – the Ozarks First website looks at how the House’s proposed 26% cut to Legal Services Corporation will impact the local LSC grantee, Legal Services of Southern Missouri.  LSSM executive director Douglas Kays “says proposed federal cuts would translate to about $500,000” lost.  “‘We help about 2,500 people a year [out of 10,000 applications for assistance, on average],’ says Kays. ‘We’d probably have to reduce that by 500 or 600’.”

• 9.1.11 – Ready, set, $2million.  The Bangor Daily News reports unexpected good news on the legal services funding front in Maine: “The Maine Bar Foundation has announced the receipt of a $2 million gift from an anonymous donor. The endowment, the first of its kind for the foundation, is dedicated to providing support for people in need of legal assistance in Washington and Hancock counties, according to a press release issued Thursday…. The foundation will set up an endowment with the gift and use the interest to pay for legal services.”  This has got to feel good for the bar foundation after some disappointing IOLTA years.

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

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: 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.)  

By: Steve Grumm and Jamie Bence

Happy Friday, Dear Readers!  Much of the content for this week’s Bulletin was drafted with assistance from Intern Extraordinaire Jamie Bence.  It takes a special kind of nerdiness to put together this news bulletin.  And Jamie’s got it!

This week: $12.5 million to New York State legal services providers; but in Montana, funding woes force a legal services branch office closure; speaking of funding woes, mounting pushback against Garden State legal services cuts; from the Upstream Swim Department, an Illinois prosecutor is pushing to raise his attorneys’ salaries(!); salt-in-wound: the debt-ceiling madness even managed to produce bad news for grad student loans; the San Diego D.A.’s prisoner re-entry program earns kudos; pretty big changes to Seattle’s indigent defense system; what will deficit-cutting measures mean for Uncle Sam’s civil servants?; LSC announces its star-studded Pro Bono Task Force; a Bay Area debate about employers looking at prior convictions of job applicants; NDAA appoints its first woman president; the growth in unpaid legal internships; a report on the Empire State’s strained indigent defense program; an op-ed out of Seattle in opposition the proposed 26% LSC budget cuts; more opposition to legal services funding cuts in New Jersey; Wisconsin’s public defenders are way, way short-staffed; and New York State’s new indigent defense office gets moving. 

• 8.3.11 – good news, for a change, concerning legal services funding.  In New York, the state judiciary has begun making good on its plan to bolster legal services by distributing $12.5 million among 56 organizations.  The New York Law Journal reports that the funds will be applied to serving clients who face troubles with the “essentials of life,” like housing, public benefits, and safety from domestic abusers.  The funding is seen by Chief Judge Jonathan Lippman as the beginning of a steadier stream of funding to support legal services providers at a time when other funding streams have diminished.

• 8.3.11 – bad news from the Treasure State.  The Montana Legal Services Association is being forced to close its office in Butte, and to relocate that office’s sole staff attorney to Helena.  The Montana Standard reports, “Butte District Judge Brad Newman said Tuesday while the effect of the closure remains to be seen, he said that the office provided ‘critical legal services that would be difficult to replace’.”

• 8.3.11 – in New Jersey, the battle for legal aid funding continues. The Assembly Judiciary Committee requested a public hearing over the recent line-item veto, Shore News Today reports. Even fiscally conservative members point out that current funding will probably not sustain an already stressed system.

• 8.2.11 – in Kane County, top prosecutor Joe McMahon is seeking better salaries so that he can retain his experienced staff. McMahon pointed out that keeping a top-flight staff requires several years of training before new attorneys can prosecute the more difficult cases, and by that time they may move on to more lucrative private-sector jobs. “We need to take a significant step in closing the gap in the disparity of pay,” McMahon said according to the Courier News.

• 8.2.11 – while many in Washington were excited to avert a downgrade in the nation’s credit rating this week, our friend Heather Jarvis points out that the Budget Control Act of 2011 has some unfortunate consequences for graduate students. “The elimination of the graduate and professional in-school interest subsidy and the direct loan repayment incentives are estimated by the Congressional Budget Office to produce a savings of $21.6 billion.   $17 billion of that savings will go to shore up the Pell Grant program, and $4.6 billion will be used to reduce the deficit.”

• 8.2.11 – congratulations are in order for the San Diego County District Attorney’s Office, which recently won prestigious Achievement Award from the National Association of Counties (NACo) for the DA’s Helping Others Pursue Excellence (HOPE), a prisoner reentry program. Corrections.com has the story.

• 8.1.11 – more news from the Left Coast. This time, the City of Seattle is making changes to its indigent defense contracting.  The Seattle Times reports: “For the first time in 40 years, the King County public defense firm The Defender Association will not have a presence in Seattle Municipal Court.  On Monday, the Seattle City Council awarded a $1.5 million annual contract for a portion of the city’s misdemeanor public defense work to Northwest Defenders Association, said Eileen Farley, executive director of the Northwest Defenders Association. The city’s decision not to award the contract to The Defender Association had been met with a restraining order, a lawsuit and an appeal. But The Defender Association lost its legal battle.”

• 8.1.11 – Washington Post points out that the debt deal discussed above could also squeeze federal jobs. “I am pleased to see that the deal does not include any immediate cuts to federal pay or pensions,” National Treasury Employees Union President Colleen M. Kelley said in a statement Monday. “However, the impact on the federal workforce remains uncertain and agencies are likely to face reductions in their budgets.”   Government Executive has additional details, as well as perspectives from federal employees unions.

• 8.1.11 – LSC has appointed over three dozen public interest luminaries to its pro bono task force. The Blog of the Legal Times reports: “The task force is a project of the Legal Services Corp., the federally funded nonprofit that is the largest source of funding for civil legal aid. Republicans in Congress have warned the organization that it faces potentially deep budget cuts, and they’ve pushed it to find new ways to help the poor with problems like home foreclosures and domestic violence cases.”  Here’s a press release from LSC that lists all task force members.   This push for pro bono has historically been a double-edged sword.  On one hand, it’s absolutely vital to engage the private bar in efforts to support legal services.  On the other, pro bono should not be seen as a means to substitute for funding.  Pro bono to supplement the work of legal services providers: yep.  Pro bono to substitute for the work: nope.  We’ve already offered our thoughts on this topic in a prior blog post.

• 8.1.11 – Time Magazine reports from San Francisco on a new movement to keep employers from considering prior convictions when they review job applications. “‘These people are in the community regardless,’ said San Francisco District Attorney George Gascón. ‘Do we want to marginalize them and keep them on the edge’?”

• 8.1.11 – as we reported earlier this week, the National District Attorneys Association has named Sacramento District Attorney Jan Scully their new president. Ms. Scully becomes the first female president of that organization, but as PublicCEO points out, it’s merely the latest in a series of groundbreaking roles for her.

• 8.1.11 – PilotOnline investigates the growing number of unpaid internships for law students, and how many unpaid positions are becoming remarkably competitive. Even students at elite schools, and those working for large government agencies, face an increasingly tight market.

• August, 2011 – New York’s public defender and legal aid systems are in crisis, but with the state budget quickly shrinking, it’s unclear whether they will get a desperately needed overhaul. Some in the state are questioning whether public defenders, faced with growing caseloads, are meeting the constitutional standard of care, Gotham Gazette reports.

• 7.31.11 – LSC board chair John Levi and LSC board member Harry Korrell take to the pages of Korrell’s hometown newspaper, the Seattle Times, to pen an op-ed laying out the potential 26% funding cut that LSC is facing, and explaining how this will hurt Washingtonians: “In Washington, nearly a quarter of the population is eligible for civil legal assistance.  At the Northwest Justice Project, there are pleas from women trying to escape domestic violence and protect their children. There are requests for help from elderly people deceived by scam artists. Families who are desperate call, worried about losing the roof over their heads because of foreclosure or eviction. Often callers are seeking unemployment benefits, or feel financially overwhelmed and see bankruptcy as the only path to a fresh start.”

• 7.31.11 – more from the growing legal aid funding crisis in New Jersey. The New Jersey Record said the following in a Sunday editorial: “Legal Services President Melville Miller Jr. told legislators the new bottom line most likely will mean 100 fewer lawyers, the closure of at least three offices and 10,000 fewer people getting legal help by the end of the year. As a result of the last cuts, Miller estimates that two out of three people seeking help are turned away. This new round may mean three out of four people with a real need for attorneys’ services are out of luck. It’s a deplorable state of affairs.”  There has been considerable backlash on the legal services funding cut, and it will be interesting to see if Gov. Christie reconsiders.

• 7.29.11 – as we blogged about earlier this week, Wisconsin’s public defenders face a dire situation. Less than 25% of offices have enough attorneys to staff the cases referred to them. In many counties, public defense has been contracted out to private firms. WTAQ has the full story.

• 7.29.11 – New York’s newly created State Office of Indigent Legal Services has sent out its first contracts this week, Gotham Gazette reports. “If [you’re] a cynic you can look at it as a small step,” ILS director William Leahy said of sending out the first contracts, “but we look at it as an important step forward.” Leahy said that when discussing indigent services with county officials he was repeatedly told, that it was the first time they had ever, “talked to anyone from the state about public defense and what they need.”