By: Steve Grumm

This week: continued concern over drastic state funding cuts to Legal Services of New Jersey; five new appointees to the Georgia Public Defender Standards Council, and one of them is named “Gator”; speaking of under-resourced public defenders, there’s a new Justice Policy Institute report on just that topic; the debate over city funding to help Jacksonville Area Legal Aid; Jack McCoy is giving his troops a raise!; the brand-spanking-new Houston public defender’s office (How could a city that big wait so long?); a Florida legal services provider is one of the Sunshine State’s best companies to work for (Were salaries a criterion in this contest?); heavy stuff: legal services as a bridge connecting low-income communities to society; Connecticut public defenders feeling the pinch of strained resources; rockin’ out to benefit Lone Star State legal services providers (But why is my favorite Texan band, Centro-matic, not in the mix?); the Wake County, NC prosecutors pull double duty as receptionists; and an interview Keith Findley, founder of the Wisconsin Innocence Project, which has 16 exonerations under its belt.

• 7.28.11 – the Philadelphia Inquirer covers hearings across the Delaware about state funding cuts which will have a serious impact on Legal Services of New Jersey:  “Two-thirds of those who contact Legal Services of New Jersey and qualify for its help are not being assigned lawyers because the agency doesn’t have the money to meet the demand, its president told legislators Wednesday. Melville Miller Jr. told an Assembly Judiciary panel examining state budget cuts that he expects to lay off 100 staff members, close at least three offices, and serve 10,000 fewer clients than last year because Gov. Christie cut the agency’s appropriation by $5 million for the budget year that began July 1. The cut comes atop a $9.7 million reduction last year. The total state appropriation for legal services for the year is $14.9 million, down by about half from two years ago.”

• The Press of Atlantic City’s editorial board chimed in on the funding cuts, and they’re not happy: “Christie didn’t just cut the $5 million for Legal Services that Democrats added to the $5 million in aid Christie had proposed in his own budget. The governor cut it all – $10 million – including the $5 million he was previously willing to give the agency. The only explanation for that, folks, is pure vindictiveness toward the Democrats, who had the gall to propose their own budget….  The deep cuts that Legal Services have endured over the last three years raise the question of what kind of nation we are. Do we want to create a nation where only the wealthy get legal representation?”

• 7.28.11 – Georgia’s Public Defender Standards Council, oft the subject of controversy, is getting five new members.  One of them is named “Gator.”  Yes!  Here’s a blurb from the AP: “Georgia Gov. Nathan Deal has appointed five new members to join the board overseeing the state’s public defender system.  Deal announced the appointments to the Georgia Public Defender Standards Council on Wednesday.  The appointees are Donna Avans Seagraves, G.S. “Gator” Hodges, Lamar Paris, Ron Cross and David Sims.  Seagraves is a veteran public defender who lives in Athens.  Hodges is a Butts County commissioner and veteran police officer.  Paris is a Union County commissioner, and Cross chairs the Columbia County Commission.  Sims is a veteran trial lawyer who has worked in Savannah and Atlanta.”  Here’s a bit more background on the five GPDSC appointees, courtesy of The Weekly.

• 7.27.11 – the Justice Policy Institute has released a new report, System Overload: The Costs of Under-Resourcing Public Defense, which looks at the troubled state of indigent defense programs nationwide: “Public defense systems serve millions of people in the United States every year. Yet many systems across the country have been in a state of ‘chronic crisis’ for decades. The defender systems that people must rely on are too often completely overwhelmed; many defenders simply have too many cases, too little time and too few resources to provide quality or even adequate legal representation.  Ensuring that public defense systems have the resources necessary to provide quality representation to their clients can result in a more just system that reduces costs and incarceration and improves public safety and communities.”

• 7.27.11 – a Florida Times-Union editorial weighs in on deliberations by Jacksonville’s City Council about an assessment to fund civil legal services.

• 7.26.11 – the New York Times reports that as the Manhattan District Attorney’s office works through some recent setbacks that have affected staff morale, it has made an announcement that is sure to produce some smiles: salary raises!  The office, led by D.A. Cyrus R. Vance Jr., has recently faced some setbacks in high-profile cases.  Also, since Vance took over for Robert M. Morgenthau, who served as D.A. for over 30 years, the office has experienced funding constrictions and layoffs.  Managers in the office have been working on boosting morale. Well, raises probably aren’t a bad start.

• 7.26.11 – an update on the newly created public defender’s office in Houston.  KUHF reports: “After being one of the last major cities without one, the Harris County Public Defender’s office was created for the purpose of representing mentally ill defendants facing misdemeanor charges, and appeals cases for the indigent….  The county launched the office with a $4 million dollar state grant, but with plans to eventually fund it for about $7 million dollars a year…. The public defender’s office should expand its caseload to include juvenile and felony cases within two years.”

• 7.26.11 – congrats to Community Legal Services of Mid-Florida!  The organization has been named by the Florida Trend magazine as one of the Sunshine State’s best companies to work for. Here’s some coverage from theDaytona Beach News-Journal: “Agency Executive Director Bill Abbuehl, said ‘a committed and dedicated staff, one that will meet the demanding needs of nonprofit legal aid’s challenges, needs to be consistently made aware that they are needed and wanted and valued.’ The firm has 90 employees throughout Central Florida, including about 45 in Daytona Beach.”

• 7.21.11 – Corey Shdaimah, a professor at the University of Maryland School of Social Work, has authored Negotiating Justice: Progressive Lawyering, Low-income Clients, and the Quest for Social Change.  On the American Constitution Society’s website, Shdaimah previews Negotiating Justice, in which he interviewed 11 legal services lawyers and 30 clients: “Perhaps as important as [direct representation of clients’ interests] is the need for solidarity at a time when our societal divisions are growing. The interests of an ever-smaller group at the top are set against those who struggle as more people lose their jobs, their homes, and their savings…. Legal services programs sit on that divide; legal services lawyers, most of whom graduated elite law schools, choose to work directly with communities in need. Providing day-to-day legal services requires interactions between lawyers and clients. For clients, this means not feeling entirely abandoned by government agencies and society at large.”

• 7.21.11 – Connecticut public defenders, facing deep cuts, are concerned that they may not be able to meet ethical and constitutional obligations with ever-growing caseloads. Boston.com reports on the growing fears of state public defenders. “If the caseloads are too big, our people cannot spend the time they need to spend on a case and with their clients,’’ said Deputy Chief Public Defender Brian Carlow. “Our biggest initial concern is cases not moving as quickly as they can when people are locked up.’’

• 7.24.11 – Business News reports that legal aid providers in Texas have come up with a loud and fun way to raise funds for legal services. Seven bands, composed exclusively of area judges and lawyers, will rock out on August 20^th in Dallas. Ticket information and more details are available here.

• 7.19.11 – In Raleigh, NC, WRAL reports that attorneys in the Wake County DA’s office are pulling double duty- as lawyers and secretaries- as a result of budget cuts that have forced drastic reductions in staffing. ” ‘I have some of the most skilled lawyers in this county who are answering telephones on a daily basis, because somebody has to answer the phones – and we have to share that duty,’ said Wake County District Attorney Colon Willoughby. ‘We’re pinched. Each day, it’s robbing Peter to pay Paul’.”

• 7.24.11 – From Madison.com, an interview Keith Findley, founder of the Wisconsin Innocence Project. Since 1998, the initiative has helped free 16 people who were wrongly imprisoned, and today has expanded to issues such as improving compensation for public defenders.

By: Steve Grumm

Wow, it’s hot.  That’s about all I can muster for a greeting this morning.  This week’s Bulletin includes news running from legal services funding hither and yon to volunteer federal prosecutors in New Jersey to “Courtmageddon” in the Bay Area.  There are a couple of news items out of Chicago, which may or may not have been included because they would give me an opportunity to note that the Glorious Philadelphia Phillies Baseball Franchise marched into Wrigley Field and took 2 of 3 from the Cubbies this week.  And hello to my friends at the Chicago Bar Foundation!  Well it turns out I could muster a proper greeting after all.

This week: the Texas legal services community gives props to those who went to bat for state funding; don’t run, walk to benefit Chicago Volunteer Legal Services!; speaking of the Windy City, a look at the work of the Legal Aid Bureau; Minnesota’s 2012-13 budget plan a mixed bag for public interest lawyers; Uncle Sam is recruiting volunteer federal prosecutors?; Lone Star pro bono; the proposed 26% drop in LSC funding is “cutting to the bone”; speaking of funding, it’s tough times for Garden State legal services programs; a North Carolina county cuts funding to an “aggressive” legal services program; “Courtmageddon” in San Francisco; how will LSC cuts impact Western Michiganders?; some legal services shuffling in Louisiana.    

• 7.21.11 – From a press release entitled Texas Access to Justice Commission and Foundation Applaud the Texas Legislature for Providing Funding for the State’s Legal Aid System: “In a tremendous show of bipartisan support, the Texas Legislature has appropriated $ 17.5 million for civil legal aid and $7.6 million for county indigent defense programs in general revenue during the recent Special Session. Gov. Rick Perry signed Senate Bill 2 that included an amendment for funding civil legal services on July 19.  This funding makes up for the $20 million awarded in the 2009 Session to mitigate the decline in interest on lawyers’ trust accounts (IOLTA) funds, a primary source of funding for legal aid. IOLTA funding has declined more than 75 percent since 2007.”

• 7.20.11 – when it comes to record-setting heatwaves, the biggest concern among public interest lawyers is typically the health of elderly, low-income clients who may not be able to stay cool at home.  But the heat can affect the public interest community in other ways.  To wit (and on a lighter note): with Chicago temps exceeding 100 degrees, “[o]fficials on Wednesday made the decision to turn [the 18th annual Race Judicata 5K fundraiser] into a walk, with food and beverages served before and throughout the untimed ‘race,’ due to concerns over high heat.   Proceeds from the event benefit the Chicago Volunteer Legal Services Foundation, Chicago’s first and pre-eminent pro bono provider of free civil legal aid to citizens with financial need.”  Race Judicata took place yesterday, 7/21.  Kudos to the participants, and here’s to your continued hydration!  (Report courtesy of NBC Chicago.)

• 7.20.11 – more Chicago.   WGN News highlights the work of the Legal Aid Bureau of Metropolitan Family Services, including LAB’s work today and the many changes that Chicago’s legal aid movement has spawned, both on the criminal and indigent defense fronts.

• 7.19.11 – Minnesota’s FY 2012-13 budget plan (which characterized as a “working agreement” between the governor and state legislators), is a mixed bag for public interest lawyers.  According to the Twin Cities Daily Planet (great name!), civil legal services funding would be cut.  “State funding for civil legal services has already fallen below 2006 levels. The working agreement cuts civil legal services by nearly $2 million in FY 2012-13, or seven percent…”  On the other hand, courts and public defenders will see a funding boost.  As to defenders: “There is a $2.5 million increase, or two percent, in funding to help address a deficiency in public defenders, who represent low-income clients in criminal cases. Past budget cuts have taken a significant toll – in half the state’s counties, there no longer are sufficient attorneys on staff to represent clients at their first court appearances.”

• 7.18.11 – volunteer AUSAs?  United States Attorneys are getting creative in the midst of a DOJ hiring freeze.  From the New Jersey Law Journal: “Newly announced openings at the U.S. Attorney’s Office in New Jersey could provide valuable experience and serve as a resume booster, but there’s one thing they won’t provide: a paycheck.  The office on Wednesday posted the job openings in Newark and Camden for uncompensated ‘Special Assistant U.S. Attorneys,’ following the recent example of other offices across the country….  The full-time positions — for which the office requests a one-year commitment — are open to newly minted lawyers and those wrapping up judicial clerkships… Ineligible are attorneys who were deferred by but received a payment from a law firm, as well as those who will be receiving any sort of compensation from a firm during the unpaid employment period.”  And here’s an interesting twist: “…[S]pecial assistant hires will not necessarily have an advantage in seeking a job with the office. In fact, they are prohibited from applying for any position in the office that might arise during the unpaid employment term.  That restriction was put in place so that candidates who can financially afford to take on the unpaid position ‘don’t necessarily get an immediate advantage’ over outside candidates.”  The piece notes that U.S. Attorneys in Connecticut and Pennsylvania have also posted for volunteers.  Here’s some more coverage from Main Justice.

• 7.18.11 – a piece in the Texas Lawyer highlights some of the Lone Star State’s all-star pro bono firms, namely Akin Gump, Fulbright & Jaworski, Hunton & Williams, and Weil Gotshal.  As for pro bono among Texas’s large-law firm community more generally: “The State Bar of Texas and the American Bar Association recommend that attorneys donate 50 hours each year to pro bono activities. Twenty-two of the largest firms in Texas provided Texas Lawyer their pro bono statistics for 2010. The 22 firms had an average full-time equivalent (FTE) Texas attorney count of 5,457 in 2010 and donated an average of 33 pro bono hours per attorney.”

• 7.18.11 – a National Law Journal article, “Cutting to the Bone,” covers the threatened 26% cut to the Legal Services Corporation’s federal appropriation.  The article notes that this large proposed cut would take place at a time when other legal services funding streams have tapered to a trickle; highlights the plight of cash-strapped legal services providers in California, Florida, and New Jersey; and looks at what’s driving the LSC debate here in steamy Washington.  On a related note, we blogged yesterday on the importance of adequately funding the legal services community, and the role that pro bono plays in supplementing, but not substituting for, the work of legal services organizations.

• 7.16.11 – the Express-Times reports on the toll that large state budget cuts will take on Legal Services of Northwest Jersey: ” [T]he nonprofit program took its biggest hit in recent years this month from a severe budget cut.  Democrats asked for an additional $5 million in next year’s Legal Services budget. Instead, Gov. Chris Christie cut $5 million…. By the time the Christie cuts hit, [Legal Services of Northwest Jersey] — which serves Hunterdon, Morris, Somerset, Sussex and Warren counties — will have lost 31 percent of its budget since 2008. They’ve cut staff, implemented salary freezes, stopped retirement contributions for employees, and curtailed benefits. But its caseload remains substantial.”

• 7.16.11 – amidst all the recent discussion of politicians cutting legal services funding out of fiscal necessity, here’s some nostalgia: politicians cutting legal services funding because the program is “going overboard” in its “aggressive” representation of clients.  We’re not talking about much money here, but in the current economic climate every dollar counts.  And North Carolina-based Pisgah Legal Services is losing all of its funding from Henderson County.  From the Hendersonville Tribune: “The [county] commissioners retained removal of the county’s entire $16,745 that would have gone to Pisgah Legal Services….  This change late in the budgeting process was led by commissioners’ Chairman Mike Edney. Edney, an attorney himself, explained he is among those who have seen indications of or who are concerned with allegations that PLS is overzealous. He cited as an example charging its attorney fees from landlords…. But PLS Executive Director Jim Barrett countered June 15 to the commissioners that there were very few cases of charging attorney fees, typically from a landlord defeated in court for an illegal practice. He said the average case costs $523 in PLS legal fees.”

• 7.15.11 – California has recently suffered two “-mageddons.”  One, Carmageddon, seemed a bit silly to your author, an East Coast city dweller who has difficulty grasping how the weekend closure of a freeway would cause such havoc.  The second, up in the Bay Area, is anything but silly.  This one is “Courtmageddon.”  Earlier this week we blogged about the looming closure of 25 out of 63 courtroom in San Francisco Superior Court.  As reported by the Bay Citizen: “[T]he cuts are the result of a state budget that eliminated $350 million from courts throughout California, leaving the San Francisco Superior Court with a $13.75 million deficit.  ‘This is the worst crisis in legal services that I can think of in my professional career in more than 20 years,’ said Bill Hebert, a San Francisco lawyer who is president of the State Bar of California.” 

• 7.15.11 – the Herald-Palladium reports on how the proposed LSC funding cut would affect Western Michiganders.  If the $100+ million cut goes through in Washington DC, LAWM would stand to lose about $500,000.  According to the program’s deputy director, Mary Drolet, “It would probably mean closing one office [among its seven].”  The trouble, of course, is that there is no shortage of clients.  “Drolet said 30 percent of people living in the 17 counties are eligible for services because they meet the income standard, which is less than 200 percent of the federal poverty level. ‘With those kinds of numbers the need is greater than it’s ever been,’ she said.”

• 7.15.11 – in the Pelican State, WAFB reports that Southeast Louisiana Legal Services is opening a Baton Rouge office:  “SLLS was recently selected by the federal Legal Services Corporation (LSC) to receive federal funding for civil legal aid in Baton Rouge and other parishes previously served by the Capital Area Legal Services. The LSC grant began in July. But, the entire LSC grant for the Baton Rouge area will not be available to SLLS until January.”

By: Steve Grumm

Happy Friday, dear readers!  This week’s edition is fairly short, but includes a great deal of content related to legal services funding (or, rather, lack of).  Featured: the LSC’er-in-chief on the legal services resources crunch and the value of pro bono; the Pro Bono Institute’s Esther Lardent puts recently reported pro bono figures in context; MoJo looks at the House proposal to slash LSC funding; better job protections for law school clinicians?; the controversy surrounding cuts in state funding to New Jersey legal services programs; two Massachusetts legal services programs tie the knot.

• 7.14.11 – Legal Services Corporation president Jim Sandman did an interview with the Pro Bono Institute about the widening justice gap that results from more and more poor people seeking help from LSC grantees at a time when funding is so strained, and the “essential” part that pro bono plays in stopping the justice gap from further widening.  Quotable Sandman: “The biggest challenge facing legal services today is lack of funding.”  Pro bono, Sandman went on to note, is a “critical supplement” to the work that legal aid lawyers do, even if it cannot be a substitute for it.

• 7.12.11 – the Pro Bono Institute’s Esther Lardent reacts to AmLaw numbers showing a marked drop in Biglaw pro bono hours in 2010, taking issue with the “melodramatic headlines” used in reporting those numbers.  From her Nat’l. Law Journal piece: “The “doom and gloom” headlines overlook some important facts and figures….  Although it is true that major firms contributed significantly fewer hours of pro bono service in 2010 than in the previous two years, it must be noted that 2010’s law firm pro bono hours were still the third highest in history. That — after the worst recession in living memory and profound, destabilizing and continuing changes in virtually every aspect of the finances and operations of major law firms — is, in context, an accomplishment.”  Esther is right.  The pro bono number changes are largely a function of fluctuations in staffing and fee-paying business at law firms.  The real story about delivering legal services to poor people has to do w/ the threatened underfunding of Legal Services Corporation grantee organizations – which, importantly, need funding to help pro bono volunteers efficiently handle cases – as well as the continued slumping of non-LSC sources (chiefly IOLTA). 

• 7.12.11 – commy-pinko-tree-hugging-liberal outlet Mother Jones breaks down the House Appropriations Committee’s proposed 26% cut to LSC’s budget, noting that a cut couldn’t come at a worse time for legal services providers and their low-income clients.  The article highlights the fact that non-federal funding streams, including IOLTA and state appropriations, have already tapered off.  (To MoJo’s mention of Florida as a state that’s cut funding, we’d add NH, NJ, PA, and WI, among others.)  The article also hits on an important point that was tucked into the end of an LSC press release about the proposed cuts: while a record 63 million people qualified for legal services last year, LSC grantees have been forced to shed staff; 200 more lawyers could vanish from LSC programs by the end of 2011.
• And while we’re over on the left side of the political spectrum, the Daily Kos issues a rallying cry to preserve LSC funding.

• 7.11.11 – Better job protections for law school clinicians?  The ABA is pondering a step towards solidifying the employment relationships between nontraditional faculty and their schools, stopping just short of tenure.  From the National Law Journal: “The Standards Review Committee on July 10 voiced initial support for a proposal to require that schools at least provide full-time faculty members with a ‘program of presumptively renewable long-term contracts that are at least five years in duration after a probationary period reasonably similar to that for tenure-track faculty members’.”  Huzzah!  Clinicians have long felt like second-class citizens in the Ivory Tower.  And their role will arguably – hopefully, in my view – become more important as schools incorporate more experience-based learning programs into their curricula.

• 7.8.11 – in the Garden State, the Star-Ledger’s editorial board sounds a truculent note in opposing Gov. Chris Christie’s surprise $5 million legal services budget cut:  “[T]hanks to Gov. Chris Christie’s recent budget slashes on services for the poor, no matter how compelling your case is, you may be forced to argue it alone.  If you’re being beaten by your spouse, it may be much more difficult to get a divorce or restraining order. If you’re seeking custody of your kids or visitation rights, your case might be too time-consuming for a pro bono lawyer to take on. You may have no way to force a delinquent boyfriend to pay child support, or fight your unjustified eviction…. A loss of $5 million means Legal Services must cut at least 50 staffers and serve at least 5,500 fewer clients. This, at a time when so many more people have lost their jobs and fallen into poverty. Our democracy promises access to equal justice. But without the funding to back that up, it’s justice based on your bank account.”  UPDATE: the cuts are final, as the Senate failed to muster enough votes to legislatively override the budget plan (according to a 7.13.11 piece in Bloomberg Businessweek).

• 7.8.11 – Two Massachusetts legal services programs have merged.  A short blurb in the Worcester Telegram & Gazette reports:  Legal Assistance Corp. of Central Massachusetts and Western Massachusetts Legal Services have combined to become Community Legal Aid, providing free legal help to low-income and elderly people in Worcester, Hampden, Hampshire, Franklin and Berkshire Counties.  Legal Assistance Corp. of Central Massachusetts has traditionally operated in the central part of the state, with Western Massachusetts Legal Services operating in the state’s four western counties, the organizations reported in a news release. Together they will have more than 50 staff members and multiple locations.”   And here’s a similar blurb in the Worcester Business Journal.  (Community Legal Aid is not an LSC grantee, as neither of its two parent programs were.)

By: Steve Grumm

Greetings, readers!  The big news this week is a House proposal to take a big chunk out of LSC funding in FY12.  Other news items will carry us from Vermont to Pennsylvania (home of the Glorious Philadelphia Phillies Baseball Franchise, presently the best team in the majors – FYI) to Mississippi to California to Hawaii, with stops at various points between. 

This week: Have Justice Will Travel up against the ropes financially; House proposes 25% cut in Legal Services Corporation funding (yikes!); IOLTA funds distributed in Mississippi; in PA, state funding for legal services cut; a new CO pro bono program for appellate-level cases; from multiple-time drug offender to assistant district attorney – that’s taking a new career path; is this man the “face of bad court-appointed lawyers”?; Aloha State legal services programs to benefit from filing fee bump-up; AmLaw’s pro bono report is out, numbers are down; foreclosure defense funding in the Bay Area.   

• 7.7.11 –Have Justice Will Travel, an organization that represents domestic violence victims in Vermont, is hurting for cash.  Vermont Public Radio has the story: “Wynona Ward of Vershire founded Have Justice Will Travel in 1998. Raised in a violent household herself, Ward eventually became a lawyer dedicated to helping others in that plight.  Her organization is the only one in Vermont that specializes in legal representation in divorce, child custody and similar cases. But now Ward has had to lay off five of her six employees. Ward hopes the situation is just temporary.”  What’s really hurt the group is the loss of DOJ grant funding.  (VAWA funding, probably.)  Props to John Lamson, an attorney who was laid off by HJWT, but who has taken the time to continue representing DV victims at no charge, hopeful that a new funding stream will put him back on salary.  (Faithful Bulletin readers – all six of you – will recall that HJWT got some similar press attention in early June.)

• 7.6.11 – a House of Representatives proposal would slash Legal Services Corporation funding by over 25% in FY2012.  From an LSC press release: “The [House Appropriations] Committee bill proposes a $300 million budget for LSC [which now stands at just over $400 million] —rolling back LSC funding to a level not seen since 1999.  LSC’s preliminary estimates show that about 235,000 low-income Americans eligible for civil legal assistance at LSC-funded programs would be turned away if the Committee proposal were enacted.”  The House proposal is frightening, but is hardly the last word.  The Obama Administration had proposed a $450 million LSC budget, while LSC itself is shooting for $515 million.  And the Senate hasn’t weighed in with a figure yet, but it will undoubtedly not be as low as the House’s. 

• 7.5.11 – the Mississippi Center for Legal Services received 96,000 in IOLTA funds, according to the Sun Herald.  According to its website, MCLS receives 90% of its funding from LSC.  Given the potential for a considerable drop in LSC field grants whenever a federal budget gets passed for FY12, other funding streams, such as IOLTA, are going to become increasingly important.  With respect to IOLTA funding in the Magnolia State, you can view a list of 2011-12 funding recipients here.

• 7.5.11 – the Legal Intelligencer reports on state funding for Pennsylvania legal services programs.  The bad news: Due to some last-minute budget reshuffling, state funding will drop by 10%, down from $3.04 million to $2.7 million.  ” ‘Right now ranks up right there with one of the most challenging years we’ve experienced in the nearly 40 years of the statewide legal aid system,’ [Pennsylvania Legal Aid Network exec. director Samuel] Milkes said. ‘It’s not only the cuts that we’re experiencing here but cuts in federal funding for programs, too. It’s just occurring everywhere’.”  The silver lining: “Another source of funding for both legal services and for the judiciary was passed by both houses of the General Assembly: a bill that will continue temporary filing fee surcharges until Dec. 31, 2014. One dollar of the $11.25 surcharge goes to civil legal aid and $10.25 goes to the judiciary. Milkes said that the legal services community is hoping that Harrisburg lawmakers will also extend a $2 filing fee that goes toward civil legal aid and which is slated to sunset Nov. 1, 2012.”

• 7.5.11 -the Denver Post reports on a Colorado pro bono program focused on providing assistance to low-income litigants at the appellate level.  “The program started as the brainchild of appellate court Judges Daniel Taubman and David Richman, who saw litigants representing themselves struggle with complex legal issues….  Until last year, there was no assistance for low-income people trying complex cases before the state’s appellate and Supreme courts, said Christina Gomez, who is chairwoman of the committee that screens applications.   So far, 27 people have asked for help and volunteer attorneys have taken on 10 cases, Gomez said…. The program accepts applications from people who make 125 percent of the federal poverty level or less, and handles cases involving property rights, contract disputes, family law, employment and others topics. Cases involving prison discipline, election appeals, unemployment compensation and post-criminal-conviction relief are excluded.
   
• 7.4.11 – arrested on drug charges, shot five times, and now a prosecutor in the Philly D.A.’s office.  The Philadelphia Inquirer reports on the remarkable story of A.D.A. Kevin Harden, Jr.  Harden grew up in very difficult circumstances, made some critical course-corrections after serious run-ins with the law, and now supports himself and two younger brothers since both of his parents have died.  As also noted in the story, Harden’s been the subject of some criticism regarding his hiring. Harden has the strong support of District Attorney Seth Williams, however, and also gets high marks from Dean JoAnne Epps at his alma mater (and mine!), Temple Law.

• 7.4.11 – the Detroit Free Press checks up on court-appointed defense counsel Robert Slameka, who was profiled in 2009 NPR story focused on how poorly resourced many indigent defense systems are, leading to attorneys acting with little client interaction, little funding, and little oversight.   The Free Press, characterizing Slameka as having been “the face bad court-appointed lawyers” in the NPR story, hones in on his long disciplinary record.  However, the story also quotes some defenders of the defender, who note that anyone who has spent decades doing indigent defense work will be subject to some criticism.

• 7.3.11 -Aloha State legal services advocates have reason to be mahalo-ful.  From the Honolulu Star Advertiser: “Starting Jan. 1, the cost of filing a state lawsuit will increase under a measure approved by lawmakers this year to help fund nonprofit groups providing assistance to Hawaii residents who can’t afford to pay for legal services.   The legislation could generate an additional $1 million or more a year and was one of the key initiatives by the Access to Justice Commission, created by the Hawaii Supreme Court in 2007 after a study found that four of five low-income residents don’t get the legal help they need.”

• 7.1.11 – AmLaw issued its annual pro bono report this week, showing a drop-off in pro bono by the 200 highest grossing law firms between 2009 and 2010.  From the report overview: “Average pro bono hours for lawyers at Am Law 200 firms plummeted 8 percent in 2010 to their lowest level in three years, reversing a decade of steady growth. The overall average percentage of lawyers who did more than 20 hours of pro bono work dipped 5.2 percent.”  Context is important here.  In 2009, law firms were still “right-sizing” their attorney workforces, meaning that there were still many associates doing a lot of pro bono because of a shortage of fee-paying work.  In 2010, there were fewer attorneys and fee-paying work began picking up, which meant less time for pro bono.  This doesn’t explain the pro bono drop-off entirely, but in my view it’s a significant factor.

• 7.1.11 – foreclosure defense funding in the Bay Area.  From the San Jose Mercury News: “South Bay and Peninsula residents at risk of losing their homes got a boost Friday when the Silicon Valley Community Foundation awarded $511,000 to organizations who work to prevent foreclosure.  The foundation says the award will allow seven nonprofits in Santa Clara and San Mateo counties to retain employees who were hired with previous grants from the foundation. That should allow the groups to provide housing counseling or legal services to more than 1,000 people.  [Among the benefiting organizations,] Bay Area Legal Aid, Legal Aid Society of San Mateo County and Community Legal Services in East Palo Alto each received $75,000 to provide legal assistance to those facing foreclosure.” 

By: Steve Grumm

Happy Independence Day Weekend, Dear Readers!  Here in the nation’s capital, we will celebrate modern democracy with barbeques, fireworks, debt ceiling debate madness, Colbert Super PAC, and humidity.  Yay!  Kidding aside, we wish you a happy and safe weekend.  Now, returning to our democratic system of government, let’s catch up on news related to the pursuit of equal justice for all.    

This week: a libertarian look at public defender caseloads; the Public Defender Corps is up and runnin’; DOJ still working through the Bush-era “politics in hiring” scandal; IOLTA funds disbursed in the Hawkeye State; in CA, child care funding for welfare-to-work families reinstated after cuts; have more law grads been going into public interest work in the past 20 years?; tough times for the Cleveland Legal Aid Society and other Ohio organizations which rely on IOLTA funding. 

• July, 2011 – a piece in this month’s edition of Reason, a libertarian journal, highlights the case overload pressing down upon many public defenders, forcing them to triage cases and work out quick pleas rather than being able to delve into factual investigations that may help their clients.  The piece also notes that appointed counsel are often under-compensated for their work.

• 6.29.11 – the Public Defender Corps, a program co-managed by Equal Justice Works and the Southern Public Defender Training Center, is up and running.  The Rochester City Paper (in the lovely Finger Lakes region of New York) reports on two incoming fellows: “Two young attorneys will serve three-year fellowships in the Monroe County Public Defender’s Office: part of a new national program focused on training newer attorneys in public interest law.  Katherine Higgins, a Cornell Law School graduate, and Felipe Alexandre, a graduate of the Indiana University School of Law, will start in the defender’s office in August ”  There are presently 18 Public Defender Corps fellows working in 12 defenders’ offices, according to the article.  Equal Justice Works’s website has more info on the Public Defender Corps.

• 6.28.11 – No liberals need apply!  The legal battle over alleged political vetting of job candidates in the Bush Administration DOJ continues.  According to the Blog of the Legal Times: “The Justice Department is urging a federal judge in Washington to reject a suit that alleges department officials in 2006 used job candidates’ political and ideological affiliation to decide whether to grant interviews to applicants. The claims from three plaintiffs, each a former applicant for the Justice Department’s highly competitive Honors Program, stem from an internal DOJ report published in 2008 that found members of a screening committee improperly examined political and ideological affiliation in rejecting candidates.”

• 6.28.11 – the Hawkeye State’s high court is spreading the cash around in the legal services community. Eastern Iowa News Now reports: “Non-profit programs providing legal aid to low-income Iowans with civil legal problems got a boost today with the Iowa Supreme Court’s announcement of more than $321,000 in grants for those organizations. The court has awarded grants to 15 organizations statewide, including Cedar Rapids-based Kids First Law Center” as well as Iowa Legal Aid and the Iowa State Bar Association Public Service Project.”  The grants come from IOLTA fund proceeds.

• 6.27.11 – chalk up a win for a sextet of public interest organizations which sued the (sometimes-great) State of California in an effort to preserve child care services for wage-earners who have made the welfare-to-work move.  The Lake County News has the scoop: “The state of California agreed that the CalWORKS Stage 3 program will continue to offer child care services for parents who have successfully transitioned off welfare but whose wages are still too low to cover child care.  The settlement affects the families of more than 56,000 California children who had been told they would lose their child care last October, as Lake County News has reported.  The suit was brought by the Public Interest Law Project, the Child Care Law Center, the Western Center on Law & Poverty, Neighborhood Legal Services of Los Angeles County, Public Counsel Law Center and Legal Aid Foundation of Los Angeles. “

• 6.27.11 – “Public Interest Law Becoming a Hot Ticket,” according to a headlining piece in the National Law Journal.  Present employment market woes notwithstanding, the article looks at a 20-year shift on law school campuses that has led to more robust public interest career advising programs, LRAPs, and clinical programs, as well as the advent of postgraduate fellowship funders like Equal Justice Works and the Skadden Foundation.  The result, according to the piece, is more prestige attached to public interest career paths, and an increase in the number of grads who pursue those paths.  The article leans heavily on NALP data showing an uptick in the percentage of law grads taking public interest jobs – citing a growth from 2.1% in 1990 to 6.7% in 2010 (although some of that growth is attributable to a data classification change on NALP’s end, and some of the most recent data likely reflect the increase in law school graduate bridge programs which place graduates in public interest positions.)

• 6.27.11 – A Crain’s Cleveland Business article (it’s password-protected, so you’ll just have to trust me on this one) looks at the nosedive that Ohio IOLTA funding has taken – a 72% drop since 2007 – and its impact on legal services providers, particularly the Legal Aid Society of Cleveland:  “IOLTA revenue for the Legal Aid Society…had fallen by last year to $928,000 from $3.38 million in 2007.”   This has impacted staffing; the Legal Aid Society froze salaries in early 2010 and hasn’t hired an attorney in the past couple of years.  And this, in turn, impacts the growing numbers of would-be clients who must be turned away for lack of resources to help them.

By: Steve Grumm (with big assists from Lauren Forbes and Jamie Bence)

Happy Friday, dear readers!  The bulletin was on vacation last week, so today we bring you two weeks of news.  Featured: legal services office closure threat in TN; an all-star panel tackles the civil justice gap; how could a MN state government shutdown impact indigent defense?; NY indigent defense programs will save some coin, courtesy of the state legislature; an access-to-justice conference today in Honolulu; SCOTUS says no right to counsel in civil contempt proceeding; wrongful convictions in IL have cost taxpayers millions; CA’s capital punishment program has done the same to Golden State taxpayers; also in CA, a new court diversionary program to benefit the homeless; the state high court acts to channel funding to legal services in Hawaii; NELP launches a new website for fair wage advocates; an innovative program in Oregon pairs law grads with public interest advocates to help the former build skills; a new medical-legal partnership in Arkansas; more funding woes in TN; after a state funding cut, local officials scramble to help fund Jacksonville Area Legal Aid in FL; in NC, Pisgah Legal Services loses some funding in political spat; a legal clinic in Mexico does some groundbreaking work toward promoting the rule of law; a great primer on the current state of Legal Services Corp. funding; the Missouri indigent defense crisis has victims.

• 6.24.11 – a potential legal services office closure in Tennessee.  The Cleveland Daily Bulletin reports that, due to funding pressures, Legal Aid of East Tennessee may close its Bradley County office. LAET is taking last-ditch measures to try to avoid a closure, but things don’t look great and they will make a decision sometime in 2011.  (And see below for more bad news for another Tennessee legal services program.)

• 6.22.11 – I had a chance to attend a terrific program called “Closing the Justice Gap,” hosted by the Center for American Progress.  I’m hoping to do a write-up on it later.  Suffice to say for now, though, the program panelists have all penned white papers on the access-to-justice crisis.  The papers, from different angles, look at the significant barriers facing poor people who try to access the justice system, and they propose solutions toward knocking down those barriers.  All four papers are worth a read:
•  Grounds for Objection by Joy Moses, a senior policy analyst at the Center for American Progress;
• The Justice Gap by Alan Houseman, executive director at the Center for Law and Social Policy (CLASP) – and speaking of CLASP, scroll down to see a terrific update on Legal Services Corporation funding from CLASP’s Linda Perle;
• When Second Best is the Best We Can Do, by Prof. Peter Edelman of Georgetown Univ. Law Center;
• Access to Evidence, by a team of authors from Harvard Law School and Yale Law School.

• 6.22.11 – the Detroit Lakes Tribune (don’t be fooled, it’s in Minnesota) reports on the question of whether a Minnesota state government shutdown, which may take effect on July 1, could mean that the criminal justice system goes awry because public defenders are not allowed to work: “The Minnesota Board of Public Defense is concerned about the effects of government shutdown on Minnesota’s judicial system, and has asked a district judge to include the public defender system with other essential state functions.  [According to an official w/ the BPD,] a shutdown on July 1 could mean that people accused of minor offenses will have to sit in jail for three days because there’s no judge to let them out. Or worse, that people accused of serious crimes will go free, either for lack of a public defender or failure by the state to meet its requirement for a timely trial.”  The piece also highlights how badly the recession has impacted the state’s defenders.  Three years ago the BPD had 421 attorneys; now it t has 347.

• 6.22.11 – the NewsLI website (from Lawwnng Eye-land, NY) reports that the state legislature passed a fee waiver that should benefit public defense programs, and the counties that fund them: New York State Senate today gave final legislative passage to legislation, sponsored by Senator Charles J. Fuschillo, Jr. (R-Merrick), to help counties save money in providing public defense services to individuals who cannot afford an attorney.  The legislation (S5474) would exempt legal aid societies from having to pay a fee to search DMV records in public defense cases. This exemption would provide savings to the counties who fund the services provided by legal aid societies.”

• 6.20.11 – um, my invitation to the access-to-justice conference taking place today in Honolulu must have been lost in the mail.  The Pacific Business News notes that the Hawaii Access to Justice Conference will “deep-dive into the major issues affecting access to civil legal services in Hawaii for underserved populations.  Among the most pressing issues to be tackled at this year’s conference is the search for more funding sources for legal services providers that cater to these groups — organizations such as Legal Aid Society of Hawaii , the Hawaii Justice Foundation and the Mediation Center of the Pacific — which were hit hard in the economic downturn when government funding for their programs was slashed.”  The Aloha State’s AtJ Commission was created in 2008.  Here’s a link to their most recent report, from 2010.  And see a few stories down for some good funding news for Hawaii legal services providers…

• 6.20.11 – the National Law Journal reports on a potential setback for Civil Gideon advocates.  In an opinion issued in the matter of Turner v. Rogers this week, SCOTUS came down against extending the right to counsel to a defendant in a civil contempt proceeding.  From NLJ (article may be pw-protected): “On the question of right to counsel [a decision having been reached on other grounds], [Justice] Breyer wrote that there was little precedent to guide the Court. For example, in a 1967 case, the Court held that the Fourteenth Amendment’s due process clause requires states to pay for counsel in a civil ‘juvenile delinquency’ proceeding, but that case was similar to a criminal prosecution. Breyer wrote that three reasons argue against providing counsel to child-support defendants like Turner: the proceedings are ‘sufficiently straightforward’ that a lawyer isn’t necessary; the custodial parent often doesn’t have a lawyer and could be disadvantaged; and other procedural safeguards could given the defendant sufficient due process.”  The specific facts of this case are nuanced and very important to the decision.  The Turner v. Rogers decision is available in full on the SCOTUS website.

• 6.20.11 – a different National Law Journal piece reports on a study out of Chicago finding the cost to the public of wrongful convictions in Illinois over the past two decades to have topped $200 million:  “Wrongful convictions don’t just harm those who spend time in jail for crimes they didn’t commit and their families. They also come at a hefty cost to the public, according to a study by the Center on Wrongful Convictions at Northwestern University School of Law and the Better Government Association, a Chicago-based good-government group.
  The study concluded that wrongful convictions for violent crimes in Illinois have cost taxpayers more than $214 million since 1989. Those wrongful convictions also resulted in people later proven innocent spending more than 900 years in prison…. Researchers calculated the financial toll by tallying the cost of incarceration, compensation to those wrongfully convicted and civil litigation costs. Settlement payments represented the largest portion of the bill, at nearly $160 million. Another $31.6 million was spent to hire private attorneys to defend the government against civil suits, while jail and prison costs totaled $18.5 million. State compensation payments came to $8.2 million.”  Here’s a link to the report on the Better Government Association’s website.

• 6.20.11 – as noted above, putting the wrong people in jail costs Illinois taxpayers a lot of money.  According to a Los Angeles Times article, maintaining California’s capital punishment system is also a bit pricey: “Taxpayers have spent more than $4 billion on capital punishment in California since it was reinstated in 1978, or about $308 million for each of the 13 executions carried out since then, according to a comprehensive analysis of the death penalty’s costs.  The examination of state, federal and local expenditures for capital cases, conducted over three years by a senior federal judge and a law professor, estimated that the additional costs of capital trials, enhanced security on death row and legal representation for the condemned adds $184 million to the budget each year…. The authors outline three options for voters to end the current reality of spiraling costs and infrequent executions: fully preserve capital punishment with about $85 million more in funding for courts and lawyers each year; reduce the number of death penalty-eligible crimes for an annual savings of $55 million; or abolish capital punishment and save taxpayers about $1 billion every five or six years.”

• 6.18.11 -also in California, the Marin Independent Journal reports on a new, diversionary program to help the homeless deal with minor legal infractions outside of court:  “The Marin Community Court, a collaboration among Legal Aid of Marin, the St. Vincent de Paul Society of Marin County and the Marin County Superior Court, has held three sessions [since its launch in April].”  One of the program’s driving motivations is helping the homeless and those struggling with housing to avoid the spiral of accumulating legal fines and penalties that begins when they can not afford to resolve a problem at the outset.  The Community Court program includes one-on-one counseling sessions between a participant and an attorney, and then a “hearing” which often results in sentencing that focuses on treatment and support services rather than sanctions.  (A note to the law student readers who are interested in postgraduate fellowship proposals:  If I were in your shoes I would give serious thought to proposals that help poor people more efficiently navigate the justice system, like either diversionary programs or courthouse resource centers for pro se litigants.  There are a lot of people these days who can’t afford a lawyer, and there are a lot of courthouse officials looking for ways to keep the wheels of justice turning smoothly by helping these people navigate the system as efficiently, and as cheaply, as possible.)

• 6.17.11 – TheHonolulu Star Advertiser reports that Hawaiian legal services providers are due to benefit from class-action residual funds: “A rule adopted by the Hawaii Supreme Court helps clear the way for money left over from class-action lawsuits to be given to nonprofit groups that provide legal services to the poor. The rule takes effect July 1 and provides guidance on how to distribute money from lawsuits after the plaintiffs, attorney fees and expenses have been paid. Those residual funds include money for plaintiffs who cannot be located or who don’t file claims….  The groups that would qualify for the money under the high court rule include the Legal Aid Society of Hawaii, the University of Hawaii Elder Law Program, Voluntary Legal Services Hawaii and the Domestic Violence Action Center.”

• 6.17.11 – the National Employment Law Project has launched a  new website – Raise the Minimum Wage – focused on, well, raising the minimum wage.  It’s an easy-to-navigate site with a broad array of resources, news items, and data for fair wage advocates or those who wish to learn more about the cause.

• 6.17.2011- The ABA Journal reports that a new program in Oregon for recently graduated lawyers is receiving overwhelming response. Announced last month, the Practical Skills through Public Service Program pairs Oregon law school graduates with public interest attorneys, in hopes of giving young practitioners the opportunity to learn by doing. The Oregonian reports that this program is part of a larger effort in the state to prepare new law grads for solo practice, in light of diminishing offers from law firms.

• 6.17.2011- A new medical-legal partnership in Arkansas aims to improve access to healthcare and education for at-risk children in the state. Walmart and Legal Aid of Arkansas have teamed up to provide legal assistance to children and families staying at the Arkansas Children’s Hospital, providing holistic advice and guidance to help children and families get back on track. KTHV notes: “Direct access to legal services will help many families address obstacles to good health and continuing recovery. Attorneys can help families who need utility service recovery for the child’s home care, assistance negotiating with a landlord over the environment of an apartment or even special educational testing.”

• 6.16.2011- Just four attorneys will remain to assist clients at Northeast Tennessee Legal Aid after the end of this month. Federal budget cuts coupled with dwindling grants and donations have caused the office to lay off one third of its attorneys, including an associate director, according to TriCities News.

• 6.15.2011- The Jacksonville Daily Record calls the new ethics commission now in place for the city government “a promise kept.” In a unanimous vote after several months of heated debate, the city council voted to reinstate an ethics code and ultimately create an independent Office of Ethics, Compliance and Oversight. In the same session, the council considered a bill to impose a $50 court fee to benefit Jacksonville Legal Aid, a measure supported by Fourth Circuit Judge Donald Moran and intended to help offset decreased funding from the Florida Bar Foundation and the state legislature. “The funds from the court fee would be used to provide free legal services for the disadvantaged through JALA, including services to domestic violence victims, the mentally ill or disabled, the un-deremployed or unemployed, residents facing landlord/tenant issues or homelessness, foreclosure-related educational, mediation and defense programs, and the elderly.” The council will vote on the measure during its June 28^th meeting.

• 6.15.11 Sadly, in North Carolina, the Henderson County Board of Commissioners voted to discontinue county funding for nonprofit Pisgah Legal Services at the request of Chairman Mike Edney. PLS provides free civil legal aid to help low-income people avoid homelessness, escape domestic violence, access health care and meet other basic needs.  At the meeting, Edney, an attorney, said PLS “does provide some benefit to our community,” particularly in the area of domestic violence, but wanted to withdraw the $16,745 in county funding for 2011-12 partly because PLS sometimes “oversteps its bounds,” such as getting attorney’s fees out of landlords.

• 6.14.11 – the Los Angeles Times profiles the work of a novel legal clinic in Mexico City, through which law students have achieved groundbreaking results for their clients in a justice system which has a tenuous relationship with the rule of law: “The clinic is part of a Mexico City university called the Center for Economic Research and Teaching, or CIDE. The center’s legal studies program combines law school training with hands-on public interest advocacy, a novel field in a nation where many attorneys are poorly trained and their best weapon is often a bribe…. Students, guided by [Professor Javier] Angulo and another staff lawyer, work on the cases for free. Many of them probe uncharted terrain and have yielded legal precedents or led to new laws, such as one easing the penalty for abortions.  As Mexico works to cultivate a fully functioning democracy, the 6-year-old clinic is an effort to modernize a system long viewed as a factory of injustice.”

• 6.14.11 CLASP’s Legal Services Corporation update reiterates the uncertainty and disconcerting impact that the proposed cuts would have. LSC has asked Congress to appropriate $516.5 million for FY 2012.  President Obama’s budget request sought $450 million for LSC.  However, during the April 5, 2011, hearing of the House Appropriations Subcommittee on Commerce, Justice, Science and Related Agencies (CJS) on the FY 2012 LSC budget, there was again discussion of returning LSC funding to the FY 2008 level — all in the name of deficit reduction.  CLASP is working to increase the LSC funding level in the Senate and is hopeful that the Senate will adopt a funding level close to the President’s request of $450 million.   given the slow pace of events to date, and the need for Congress to act to raise the debt ceiling before August 2, there is unlikely to be a conclusive action on LSC’s FY 2012 funding before September.

• 6.14.11 In Missouri, Jared Blacksher is caught in the middle of a public defender debate.  Last year, Blacksher, 22, reached a plea deal with prosecutors that would have put him in a drug treatment program.  In July 2010, Blacksher was booked into the Christian County Jail on charges of burglary and forgery. He and prosecutors reached a plea agreement that would have given him 120 days in a drug treatment program in the Missouri Department of Corrections, which would have ended in January. However, he never got a chance to enter the program — his was one of the first cases the Missouri Supreme Court put on hold in 2010 during debate over the Missouri public defender system, putting him in jail. Assistant Prosecutor Ben Miller said Blacksher’s case is an unfortunate one that could have been prevented had he been able to take advantage of a plea agreement last year.

By: Steve Grumm

Happy Friday, dear readers!  To begin with shameless self-promotion: if you’re inclined to use the Twitters, please follow us at @PSLawNet.  We tweet all of our blog posts along with pieces of timely public interest career and funding news.  And we don’t tweet immodest photos of ourselves.

Also, I apologize for publishing the Bulletin a few minutes late this morning.  The Philadelphia Phillies kept me up until 12:30am last night, only to fall apart on defense, surrendering to the lowly Cubs of Chicago in extra innings.  And now I’ll have to hear about it from the Chicago Bar Foundation folks, which is even worse.

This week we present a Bulletin rich with funding news, although certainly not all of this news speaks to the riches of public interest funding: good news for Lone Star State legal services and indigent defense advocates; but in the Bay State, elected officials may still need some prodding; Have Justice Will Travel urgently needs money to keep moving; in Jacksonville, FL, the city council may boost legal services funding in the wake of state gov’t. stinginess; Legal Services of New Jersey sure could use a funding boost, too; the DOJ’s AtJ program has a new chief; and speaking of DOJ, some advice on becoming an AUSA.

• 6.9.11 – some terrific news out of Texas.  After a legislative roller coaster ride, the state house and senate are in agreement on funding both civil legal services and indigent defense.   From the Tex Parte blog: “Representatives approved an amendment on a general appropriations bill that would add $17.6 million over the biennium for indigent civil legal aid, as well as $7.6 million for indigent criminal defense.”  There had been some back-and-forth on the senate side, too, but that chamber ultimately came through with funding.  “[Now], the House and Senate versions include the same language about indigent legal aid funding. If the bill moves to conference committee, lawmakers would only focus on smoothing out differences.”

• 6.7.11 – in the Patriot Ledger of Quincy, Massachusetts, corporate counsel heavy-hitter and Greater Boston Legal Services board member Thomas Gunning pens an op-ed highlighting the importance of adequately funding civil legal services.   After noting some of GBLS’s most important, recent work in helping low-income clients, Gunning looks at the precarious state of funding:  “The need for services is way up in our tough economy and funding is way down.  While private lawyers give millions in support each year, a large portion of budgets come from state funding and interest earned on money held in short-term escrow accounts… For fiscal year 2010, the state cut the legal aid budget by $1.5 million from $11 million to $9.5 million.  At the same time, [IOLTA funding is down].  So with need at record levels, legal aid organizations have been forced to lay off lawyers and staff. They must turn away many more eligible clients than they can represent resulting in denied justice and avoidable social service costs…. After the painful 2010 cuts, the governor and Legislature ‘level funded’ legal aid in 2011 at the reduced amount. The governor’s fiscal year 2012 submitted budget also proposes level funding and the Legislature has shown signs of doing the same. We should certainly hope the final 2012 state budget level funds legal aid so that those in need have access to justice, and we can protect our social service spending from avoidable additional costs.”

• 6.7.11 – a piece in Vermont’s Bennington Banner looks at the work, and financial woes, of Have Justice Will Travel, a thinly staffed organization that provides legal services to domestic violence victims.  Times are very tough indeed on the finance front.  A reduction in a DOJ grant forced the closure of an office, and this summer most of HJWT’s staff are being asked to take a (hopefully) temporary layoff.  The organization is presently scrambling to cobble together more grant funding.

• 6.7.11 – the Daily Record reports that some of the funding cuts that Jacksonville Area Legal Aid will suffer as a result of the Florida governor’s civil legal services funding veto may be offset by Jacksonville City Council: “City Council member Kevin Hyde introduced bill 2010-766 to establish a $40 court fee on felonies, misdemeanors and criminal traffic infractions to provide assistance for foreclosure programs for the disadvantaged through JALA.  An amendment to the original ordinance requested the fee be increased to $50 because of recent budget cuts for JALA at the state level.”

• 6.7.11 – a piece on MyCentralJersey.com looks closely at the dire funding situation of Legal Services of New Jersey: “[LSNJ President Melville D. Miller, Jr.] said that during the past three years, Legal Services of New Jersey has lost a third of its staff and a third of its funding — going from $72 million to $46 million in operating revenue as its staff fell from 720 to 490 attorneys with another 75 advocate set to be lost this year.  Meanwhile, Miller said, poverty in New Jersey has spiked by 8.4 percent over the last year.”  The article also looks at the efforts of Assemblyman Peter J. Barnes, III and other to restore some state funding, and to shore it up in both the shorter and longer term.

• 6.2.11 – there’s a new sheriff in town at the DOJ’s access to justice office.  Main Justice reports: “About six months after the departure of Laurence Tribe as Senior Counselor of the Justice Department Access to Justice Initiative, his successor is in place.  Mark Childress on Thursday was sworn in as the leader of the program that focuses on access to legal services for the poor.  He most recently was the acting General Counsel at the Department of Health and Human Services.”  Childress has a fairly varied resume, including a stint as a partner at Foley Hoag, some high-level staff work in the White House and on the Hill, and even some work with an aboriginal business development entity in Australia.

• June, 2011 – a former Assistant U.S. Attorney contributes a piece to this month’s edition of the ABA’s Young Lawyer, explaining how one may land one of these coveted, federal positions: “Assistant U.S. Attorneys…are experienced trial attorneys who come from a variety of backgrounds, including both the public and private sectors, as well as the military. Generally, the attorneys have five to seven years of litigation experience before joining the U.S. Attorney’s Office. While many aspects of a particular applicant are considered, trial experience is the most significant requirement. A strong working knowledge of the Federal Rules of Evidence and Federal Rules of Criminal Procedure is important.”

By: Steve Grumm

Happy Friday, dear readers.  After some dreadful midweek humidity – and equally dreadful play by the visiting Philadelphia Phillies, who wasted my time by getting shellacked when I saw them play the Nationals on Tuesday but-I-digress-where-was-I? – oh, it’s a beautiful, late spring morning here in the nation’s capital.  As for public interest news…

This week: does a loosening of pro bono-related practice rules in two jurisdictions portend a trend?; two Texas high court justices implore the Lone Star legislature to appropriate much-needed funding for legal services; Florida gov. vetoes legal services funding; financial woes befall the New Jersey legal services community, and legislative help is needed; a look at hiring trends in the DOJ’s Office of Civil Rights; in Sonoma County, CA, prosecutors and defenders may see substantial budget cuts; a bittersweet birthday (60th) for Legal Aid of NorthWest Texas; Cooley Law School lends a hand to local servicemembers; 3 UNLV law students win a federal appellate victory in an immigration case; and, change in the Massachusetts indigent defense system?

• 6.3.11 – a piece on the Corporate Counsel website notes that attorney practice rules in both Virginia and Arkansas have recently been modified so as to make it easier for in-house counsel, who are often physically located in jurisdictions in which they are not barred, to perform prob bono.  The Corporate Pro Bono (CPBO) initiative, a joint undertaking between the Association of Corporate Counsel (ACC) and the Pro Bono Institute, had pushed for Virginia rule change and is pushing for similar progress elsewhere.  “Currently, only Virginia, Colorado, Delaware, and Pennsylvania have expressly allowed in-house counsel to perform pro bono work under their limited licenses. Nineteen other states and the District of Columbia have rules allowing practice through approved legal services organizations.”

• 6.2.11 – from the Texas Tribune: “Texas Supreme Court Chief Justice Wallace Jefferson and Justice Nathan Hecht sent lawmakers a letter Wednesday, urging them to find $20 million during the special session to help needy people access civil courts….Without the funds, the justices wrote, 40 legal aid programs that help about 104,000 Texas families each year could be in jeopardy. As many as 75,000 Texans would be denied basic legal services. The legal aid services help domestic violence victims, military veterans wrongly denied benefits and families who are evicted from their homes despite having paid their bills. Nearly 5.7 million Texans qualify for legal aid.”

• 6.1.11 – not-so-great Scott.  The Florida governor vetoed a civil legal services appropriation that amounted to less than 0.015% of the overall budget package.  The Jacksonville Daily Record reports: “Among the $615 million in funding slashed from the state budget through vetoes from Gov. Rick Scott was $1 million for legal aid organizations statewide.  The Florida Access to Civil Legal Assistance Act helps to fund legal aid organizations throughout the state and the budget line item of $1 million was approved by both the State House and Senate.  Scott vetoed the item from the nearly $70 billion budget.”  Is this a fiscally prudent move?  Well, last year a Florida Bar Foundation study found that “for every dollar spent on legal aid by federal, state and local governments, a return of $4.78 is generated.  The funding also assists in the creation of more than 3,300 jobs throughout the state, it said.”

• 5.31.11 – an editorial in The Record laments the terrible state of civil legal services funding in the Garden State: “Funding cuts at Legal Services of New Jersey — which offers legal aid to those who cannot afford to pay — have resulted in fewer lawyers. So now 50 percent fewer cases are accepted for full legal representation. Lawyers turn down two of every three eligible people who need help. It is a civil justice catastrophe.”  While there is some movement in the legislature to generate funding for legal services via a court filing fee increase, it won’t be enough.  “We urge the Legislature and those in state government to find a steady funding source. Living in homeless shelters, triggering child protective services and ending up in the hospital with no health insurance costs more in time and resources than a legal aid lawyer.”

• 5.31.11 – the DOJ’s Office of Civil Rights (OCR) is hiring more left-leaning lawyers during the Obama Administration than were hired during the Bush Administration.  Surprise!  Of course, this also tends to mean that more lawyers with civil rights practice experience are coming aboard.  And notwithstanding any cultural shifts, the hiring process for career positions seems to have been notably de-politicized. The New York Times, in advance of some House hearings about OCR, has a piece looking at newly available information about recent OCR attorney hires.  The Times also references a National Law Journal piece (password-protected to keep out the hoi-polloi – boo!) noting that almost half of the resumes of recently hired attorneys showed that they had prior civil rights experience.

• 5.31.11 – the recession even reaches wine country.  The Press Democrat reports that Sonoma County prosecutors and public defenders may be looking at 16% cuts to their respective appropriations as the county tightens its fiscal belt: The [county budget] proposal would reduce spending from the general fund…to $379 million, down 4 percent from the 2010-2011 figure of $395 million. It does so by taking a bigger bite out of law enforcement and justice services, the single largest destination for general fund dollars. Spending at those four departments, including the Sheriff’s, District Attorney’s and Public Defender’s offices and the probation department is set to drop by 16 percent.”  You might say their funding’s been corked.  And with that I’ve exhausted my vino vocabulary.

• 5.30.11 – Happy birthday, kind of.   The Ft. Worth Star-Telegram reports on Legal Aid of NorthWest Texas’s bittersweet 60th birthday.  Good news: the organization celebrates six decades of service to low-income Texans and has moved into a new headquarters building.  Bad news: LANWT has recently lost $350,000 in LSC funding (as a result of the cutback in the FY2011 budget) and another $350,000 in United Way funds.

• 5.29.11 – TV station WZZM’s website includes a story on Cooley Law School’s “Service to Soldiers: Legal Assistance Referral Program.”  “For the past four years, the program has been offering pro bono legal services for deploying and returning troops…. To date, Cooley has been able to help soldiers with 2,200 wills and power of attorney documents.”

• 5.28.11 – the Las Vegas Sun reports on a remarkable federal appellate victory achieved by UNLV law students representing a Honduran native in immigration proceedings.  “The students emerged from the 9th U.S. Circuit Court of Appeals with an unexpected landmark immigration victory that means tens of thousands of people, maybe more, who are fighting deportation stand a greater chance of proving their U.S. citizenship…. The appeals court heard the case last year and set a precedent by ruling all individuals facing deportation should have access to their “alien files,” or A-files that the Homeland Security Department keeps on them. The ruling means they will be allowed to see documents such as adoption papers, applications for naturalization and correspondence with immigration authorities.  The ruling will stand if the government doesn’t appeal to the U.S. Supreme Court by May 31. Before, the government had only given A-files to those who tried to prove they are lawful permanent residents, also known as green-card holders or permanent resident aliens.”

• 5.27.11 – big things brewing in the Massachusetts indigent defense system.  An AP story reports that the Massachusetts “Senate passed measures designed to overhaul the state’s public defender program…yesterday as it debated its $30.5 billion state spending plan for the next fiscal year.  The public defender amendment approved by the Senate calls for public defenders to handle 30 percent of criminal cases involving indigent defendants.  [At present, about 90% of the Bay State’s indigent defense cases are assigned to private counsel.]  Supporters say shifting more cases to public defenders would save the state money, though opponents say those savings could be offset by the need to hire additional lawyers.”

By: Steve Grumm

Greetings, Dear Readers, and Happy Friday!  Having returned from the Equal Justice Conference, which featured some terrific programming and offered important insights about trends affecting the legal services and pro bono communities, I give you this week’s Bulletin, which is brimming over with news and developments from all corners of the public interest legal world.

Featured: Georgia’s top jurist goes to bat for legal services funding; hard times for Legal Services of New Jersey; a “corps” of newly minted lawyers to help  unclog the immigration system?; a prosecutor/public defender scuffle ends in a lawsuit; New York gets an IOLA funding windfall, but it’s notably “uninteresting”; former AG Gonzales “disappointed” in himself over politicization of hiring practices; the SEC and CFTC hang the “Help Wanted” sign for lawyers; funding for prosecutors and public defenders in one South Carolina county; stagnant prosecutor salaries are causing problems in Tucson; prosecutor funding ain’t great in Vegas, either; a piece on the public defender’s office in Terra Haute, IN; the Texas AtJ Foundation recognizes four banks as IOLTA all-stars; two LSC board members make the case for funding programs in Virginia and nationwide; in Tennessee, a legal services ED explains how even small federal funding cuts disproportionately impact the poor; questions about indigent defense funding in the Tarheel State.

• 5.26.11 – Carol Hunstein, chief justice of the Supreme Court of Georgia, writes in the Atlanta Journal-Constitution about the funding crisis plaguing legal services providers in the Peach State, and calls upon state and federal legislators to shore up funding: Since 2006, the Georgia Legal Services Program has had to reduce its staff by nearly 10 percent and currently has the resources to help only a tenth of the people who call for legal aid. Georgia Bar Foundation funding for Georgia Legal Services has fallen from a high of $2.9 million in 2009 to $739,300 in 2011. Funding for 2012 could fall as low as $400,000.  In response to the crisis, the Georgia legal community has expanded its volunteer services and financial contributions… Despite these efforts, however, further budget cuts at both the state and federal level are threatening vital programs that provide equal access to justice for the most vulnerable Georgians.  The importance of the rule of law and access to justice cannot be ignored. I can only hope that our state and federal legislators recognize that these are core values that secure the success of Georgia’s families and communities.”

• 5.26.11 – from the New Jersey Law Journal: “Legal Services of New Jersey, with the support of the state’s judiciary and the State Bar Association, went cap in hand to the Legislature on Monday, asking for an increase in its proposed appropriation for the upcoming fiscal year…. Legal Services’ overall budget has dropped from $71.5 million in 2007 to $47.6 million last year, said the organization’s president and general counsel, Melville Miller. The sharpest drop in its source of funding came from the state. In 2007, the Legislature appropriated $29.6 million in 2007. But last year it appropriated only $19.9 million and Gov. Chris Christie has recommended the same amount for fiscal 2012.”  Miller noted that LSNJ has reduced its staff from 720 to 490, and 75 more position cuts may be necessary if no additional funding is forthcoming.  This constriction has drastically reduced LSNJ’s service capacity.  For more on LSNJ’s fiscal woes, see a similar piece that ran in the Newark Star Ledger on 5.23.11.

• 5.25.11 – writing in the National Law Journal, Stacy Caplow, director of clinical legal education at Brooklyn Law School, offers a solution to the “crisis” in the immigration system: a corps of law grads doing two years of service as immigration attorneys.  In laying out the system’s myriad problems, Prof. Caplow offers a startling statistic: as for immigrants in the NY area, “a nondetained immigrant represented by a lawyer had a 74% chance of avoiding deportation, whereas a detained immigrant without counsel had only a 3% rate of success.”  Wow.  Caplow’s solution: [L]et’s create a structured program for…law graduates to provide legal services to poor, unrepresented immigrants while developing skills and knowledge to improve the level of competency of the immigration bar….  We could call it Immig-Corps. I picture recent law graduates being trained and supervised over a period of two years, going to detention centers, to immigration court, interviewing, counseling and representing individuals facing deportation.”  Read the full piece for discussion of how to fund the program.  I’ve got some thoughts on these proposals – not the least of which is apprehension about the risk of downward pressure on already-low public interest attorney salaries.  But that must wait for a longer blog post.

• 5.25.11 – barristers’ brawl? Suffice to say, it started in a scuffle and ended in a lawsuit.  The Chicago Tribune has run a short piece about a lawsuit coming in the aftermath of a courthouse scuffle between a prosecutor and a public defender in Chi-town: “A fight last year between a Cook County prosecutor and a public defender has turned into a legal battle.  Michael McCormick, who was working as a Cook County assistant state’s attorney at the time, alleges in a lawsuit that Henry Hams, who was working as a public defender, followed him out of a courtroom in June 2010, threatened him and then jumped on his back and neck — twisting his neck and causing him to fall to the ground.”

• 5.25.11 – good news: New York State’s Interest on Lawyers Account (IOLA) fund got hefty cash infusion.  Bad news: very little of it comes from interest proceeds.  From the New York Law Journal: “The state’s Interest on Lawyer Account fund is making the same $21.3 million in grants for civil legal services to the indigent [this year compared to last], thanks to another infusion of funding from the courts.”  Interest proceeds remain down by 75% compared to 2007 levels.  Of the $21.3 million, only $6.5 represents interest proceeds.  The remaining $15 million is an appropriation from the judiciary’s budget.  But to end on another good note: “In addition to the $15 million funneled through IOLA, Chief Judge Jonathan Lippman included another $12.5 million in the state budget to support civil legal services.”  Judge Lippman presently holds the coveted title of “PSLawNet Blog’s Favorite State Jurist.”

• 5.24.1 – according to the Blog of the Legal Times, former Attorney General Alberto Gonzales expressed “disappointment” in himself stemming from a scandal around political vetting of attorneys and law students who were competing for (non-political-appointment) positions with DOJ.

• 5.24.11 – also according to the Blog of the Legal Times, the SEC and the Commodity Futures Trading Commission (CFTC) are looking for some ESQs are various experience levels.  SEC has even retained a headhunter because it’s trying to quickly fill several openings.

• 5.24.11 – it looks like prosecutors in Berkeley will see some more funding from the county.  Huzzah!  After all, someone has to bring Swift Justice to all those good-for-nothing, commune-living, dope-smoking hippie rapscallions…wait…oh…Berkeley, South Carolina.  Our bad.  In any case, the Berkeley Independent reports: “Berkeley County Council has included funding to help assist the solicitor and public defender’s offices in its fiscal year 2011-2012 budget that will be presented to council next month.  Included in the budget is funding that would help Ninth Circuit Solicitor Scarlett Wilson recoup more than $140,000 that was cut from her office’s budget due to the discontinuation of grants from the Department of Justice and the state’s Department of Public Safety.  Also included in the budget is $115,000 earmarked for the public defender’s office.  Without the funding, it is estimated that the county’s public defender’s office would have to close for two months next year or lay off two of its five attorneys.”

• 5.223.11 – stagnant salaries are leading to attorney retention troubles for one Arizona prosecutor.  From to the Arizona Daily Star: Pima County Attorney Barbara LaWall has seen so many resignations and retirements over the past three years that 64 percent of her prosecutors have five years’ or less experience in the courtroom.  As with most county employees, LaWall’s staff hasn’t seen a raise in nearly four years, causing many to leave…. Pima County [which is the Tucson area] records indicate the 29 prosecutors hired at $57,000 between 2006 and 2009 are making roughly the same as the nine hired within the last year.”  The $57K starting salary is actually a solid figure, comfortably over the median, national starting prosecutor’s salary of $50K that NALP reported in 2010.  Nevertheless, the attrition of mid-level attorneys is double trouble: not only is the office losing folks who should move into leadership positions, it is also losing on the investment it made in training those attorneys.

• 5.23.11 – Las Vegas-based KLAS has a brief story about apparent underfunding in the local District Attorney’s Office: “While crime is at 2011 levels, the number of Deputy DA’s [is] at 2000 levels…. The DA’s Office handles all the cases coming through the Regional Justice Center, while the Public Defender’s Office handles around 40 percent. The DA’s say they’re concerned budget cuts prevented them from hiring new attorneys over the past three years, while the Public Defender’s Office continues to grow.”  Leaving aside the fact that a straight-up comparison of prosecutor and public defender funding is apples and oranges, we do hope that the District Attorney can address staffing problems.

• 5.22.11 – a Terra Haute Tribune Star article takes a close look at the work of the Vigo County Public Defender’s office, including its funding and service-delivery models, which blend a staff model with assignments to private counsel to represent indigent defendants.  The article also highlights how the recession has made it more difficult for many people to afford criminal defense attorneys, increasing demand for indigent defense services.

• 5.21.11 – a blurb in the Lubbock Avalanche-Journal (great name!) notes that the Texas Access to Justice Foundation honored four local banks with Prime Partner awards for their support of civil legal services. BBVA Compass Bank, First Bank & Trust, PlainsCapital Bank, and Security State Bank were honored for participating in the state’s Interest on Lawyers’ Trust Accounts program. They have higher interest rates on those accounts, and that interest supports legal assistance for low-income Texans.”

• 5.20.11 – writing in the Richmond Times-Dispatch, LSC board chair John Levi and board member Father Pius Pietrzyk argue that, now more than ever, adequately funding LSC is vital to ensuring access to justice for vastly increased numbers of low-income Americans, including Virginians.  LSC’s FY2011 appropriation included a cut of $15.8 million.  This cut’s timing was, well, very bad.  “LSC estimates that the number of people who qualify for civil legal assistance has increased by 17 percent since 2008. These Americans live at or below 125 percent of the federal poverty guideline — an income of $27,938 for a family of four. More than one million Virginians are eligible for LSC-funded services — almost 14 percent of the state’s population.”

• 5.20.11 – Yoder to the Associated Press: “Mistaken your views on funding cuts are!”  (World’s worst Star Wars reference?  Very, very likely.)  Dave Yoder is the executive director of Legal Aid of East Tennessee.  In a letter to the editor of the Knoxville News Sentinel, Yoder takes issue with an AP article that seemed to minimize the impact of recent federal budget cuts, particularly as regards programs helping the poor: “The article fails to point out that the cut in LSC funding was more than 5 percent…. The article fails to recognize that current federal funding is less than half of what it was, when adjusted for inflation, in 1981.  The article fails to point out that funding to LAET from Department of Housing and Urban Development for unlawful foreclosure and eviction prevention and from Department of Justice for domestic violence prevention has also been cut either directly or by the elimination of stimulus funding. The personal, social and economic short and long-term impact will be much greater on low income citizens and on our communities than suggested.”

• 5.18.11 – the Shelby County Star reports on potential funding cuts for indigent defense programs in the Tarheel State: “The state House recently approved the 2011-12 budget which reduces funding for court-appointed private counsel by nearly $11.3 million.  That reduction could mean a difference of as much as $30 per hour [in payments to appointed counsel, which one attorney estimated could fall from $75 to $45.]  Some legislators are also talking about establishing and staffing public defenders’ offices in some counties as a means to save money.

Greetings, dear reader. There’s lots to share this week including:  federal hiring reform stats; ACLU criticizing Michigan’s public defender system; the federal hiring freeze and its effect on DOJ hiring;  legal services funding woes; Connecticut Bar Foundation Distinguished Service Awards; an update on the success of the Iraqi Refugee Assistance Program; how budget cuts are impacting foreclosure assistance groups in New York City;  Charleston School of Law’s student pro bono requirements; a unique partnership between the Texas Tech School of Law and the Texas Task Force on Indigent Defense to improve legal representation for low-income populations; good news about Chicago Bar Foundation’s fundraising efforts;   Maine resident Cushman Anthony honored for his life’s work;  and breath testers in doubt in Vermont, affecting dozens of DUI cases.

This week:

• 5.18.11 – Government Executive’s FedBlog reports on federal hiring reform stats provided by the Office of Personnel Management this week.  Uncle Sam’s been making progress!  OPM reported that “91 percent of federal jobs are now filled based on resumes and cover letters (without a requirement for lengthy essays), up from 39 percent in 2009 … 96  percent of announcements no longer include a requirement to fill out knowledge, skills and abilities statements, [and] the governmentwide average time it takes to fill a position is now 105 days.”

• 5.18.11 – An article in Michigan Live reports that the ACLU is blasting Michigan’s public defender system, citing a 2002-03 Muskegon County armed robbery case as a prime example of the failure of Michigan’s system of court-appointed lawyers for criminal defendants who can’t afford to hire their own.  The ACLU claims that “evidence points to (the) innocence” of Alphonso Sones Sr., who is currently serving two multi-decade terms.  The ACLU recently released a report calling Michigan’s public defender system one of the worst in the nation, criticizing the state for leaving funding and oversight of criminal defense of the indigent to the 83 counties, many of whom leave their systems underfunded and badly run.  Sones’ attempts to overturn his conviction on the grounds did not represent him effectively have failed, but the ACLU seems unlikely to let Michigan public defenders off the hook any time soon.

• 5.16.11 – On Monday, the PSLawNet Blog featured a piece about the federal hiring freeze.  As the Federal Times reported, the Department of Justice is no exception.  The Justice Department’s hiring freeze — which was imposed earlier this year and even prevents the department from hiring to replace most attrition — remains in effect, and spokeswoman Jessica Smith said Justice isn’t sure when it will be lifted. Justice earlier this year said the freeze was necessary to avoid a sudden, dire budget crunch that would force employee furloughs. Smith said those concerns remain.

• 5.16.11 – Legal needs for the low-income are growing, but funding is shrinking for legal services.  The ProPublica Blog featured a piece on providers of civil legal services to the low income having to furlough their staff, triage their clients, and turn away more people in need as a result of the congressional budget compromise reached last month. The umbrella nonprofit group Legal Services Corporation had its funding cut by $15.8 million—about 4 percent of its most recent budget—as a result of last month’s budget compromise. You do reach a point where you can no longer absorb” the cuts, Edwina Frances Martin, said a spokeswoman for Legal Services NYC.  Martin said her organization gets about 14 percent of its budget from Legal Services Corporation and lost about $720,000 in the final federal budget. It’s planning cutbacks large and small—cutting the budget for food at trainings, leaving some empty positions unfilled and implementing furloughs in some field offices.  ProPublica goes on to discuss how Idaho, Virginia, New Jersey, and Maine are facing similar circumstances.

• 5.16.11 –  Featured in the Connecticut Law Tribune,  James Bowers,  Kate Stith and Hugh C. Macgill received Distinguished Service Awards from the Connecticut Bar Foundation last week.  While Bowers, Macgill and Stith have all followed different career courses as practitioners and professors of the law, their journeys began with the realization that justice is not free and access to it is not equal.  “For Bowers, a partner at Day Pitney who has defended high-powered people accused of white-collar crimes, that awareness began when he grew up in the South as a black man in a system built for white people.  For Stith, a Yale University professor and former assistant U.S. attorney in New York, it began with a research paper she wrote as a student at Dartmouth College on the first legal aid program in New Hampshire.  For Macgill, a professor and past dean of the University of Connecticut School of Law, it began early in his career and continues today.” The event also featured an impassioned speech about the need to fund legal services for the poor by New York Judge Jonathan Lippman, chief judge of that state’s highest court, who said, “No issue is more basic to our constitutional reason for being than providing equal justice for all.”

• 5.15.11 – Last month, the PSLawNet Blog highlighted the Iraqi Refugee Assistance Program, an effort by law students to help Iraqis seek refugee status.   This week, The Associated Press also featured the Iraqi Refugee Assistance Project (IRAP), highlighting  law students who are helping to resettle Iraqi refugees refugees.  “I think it’s an excellent initiative,” said Larry Yungk, senior resettlement officer with the United Nations High Commissioner for Refugees in Washington.  Yungk also praised IRAP’s success.  “They’ve been effective. Certainly refugees are here in the United States because of work they did.”  IRAP has been especially effective in handling appeals of cases involving refugees rejected for resettlement in the U.S., having won 90 percent of them.  IRAP’s founder, Becca Heller, is especially proud of the case of a family resettled last fall in New Haven. The family’s application was originally rejected for failure to prove persecution, but IRAP appealed. The U.S. Department of Homeland Security overturned the decision based partially on a medical emergency involving a girl in the family suffering severe seizures, Heller said.  Since then, IRAP arranged for the girl to receive free medical treatment from a specialist and provided car pools to get the family to doctor’s appointments.

• 5.14.11 – The New York Times featured a piece about how budget cuts threaten foreclosure assistance–a dismal outlook.  In New York City, foreclosure-prevention programs have helped more than 3,000 homeowners facing foreclosure over the past three years.  The programs have been financed since 2009 by federal stimulus spending, but that money will run out by the end of this year. That has left lawmakers scrambling to try to find new state financing, while the small army of pro bono lawyers fighting foreclosures waits and worries.  “We are hardly at the end of the foreclosure tsunami,” said Vicki Been, co-director of the Furman Center for Real Estate and Urban Policy at the New York University School of Law.  “There continue to be a lot of people losing their homes. The numbers have softened, but the crisis is not over.”

• 5.14.11 – a short piece the Post & Courier catches us up with the progress of the provisionally accredited Charleston School of Law, which has placed public service at the core of its mission.  The school, which opened in 2004 and is on the cusp of full accreditation by the ABA, requires students to perform 30 hours of public service before graduating.   Some students well exceed that mark.  Graduating student Allison Roberts performed 100 hours of pro bono work during here law school career, including a stint gathering facts about Khmer Rouge crimes in Cambodia.

• 5.13.11 – a unique partnership between the Texas Tech School of Law and the Texas Task Force on Indigent Defense to improve legal representation for low income populations in the state’s far flung, sparsely populated counties.  The Dallas Morning News blog reports that the Caprock Public Defender Office is the first of its kind in Texas, said Bryan Wilson, grants administrator for the Task Force. The project pairs a law school professor and students in a law school clinic with counties that have few if any attorneys available for court appointments.  “About a dozen counties in the Lubbock area covering a 40,000 square mile area, have signed up for the office to provide representation for misdemeanor and juvenile defendants.”  In Texas, like so many other states, the need is great.  PSLawNet Blog applauds partnerships like this one!

• 5.13.11 – In the Windy City, a piece in the Chicago Daily Law Bulletin discusses Chicago Bar Foundation’s fundraising efforts. The efforts have yielded positive results.  “Organizers of the Chicago Bar Foundation’s Investing in Justice Campaign said they are seeing ‘record-breaking success’ in this year’s effort to increase financial support for area providers of legal services to the poor.  During the fundraising campaign, which marked its fifth year with a kickoff in early March, more than 3,300 individual attorneys and legal professionals from 110 participating law firms, corporate legal departments and other law-related organizations contributed more than $1.3 million toward the effort, organizers said.”

• 5.13.11 – Last week, Cushman Anthony, who helped found Michigan Law School’s legal aid clinic, was honored for his life’s work.  Maine’s  Portland Press Herald described his 40-year career that focused on ensuring the rights of people who might not have the resources to hire their own attorneys or take on established power structures. “I went into law because I viewed that as a way to make the world a better place,” Anthony said recently. “I knew I was going to be trying to improve the world.”  Anthony succeeded, according to the Maine Civil Liberties Union Foundation, which on Thursday night presented him the 2011 Justice Louis Scolnik Award at a ceremony at the Harraseeket Inn in Freeport.  In his varied and accomplished career, Anthony was not only a clinician, he was a family law practitioner, a  state representative, and a lobbyist for Native American affairs.  Anthony  sums best sums up his life’s work in his own words: “I’ve always identified with the little guy.”

• 5.13.11 – The Vermont Digger reports that with breath testers in doubt, Vermont prosecutors are set to toss dozens of DUI cases after an investigation found a long list of alleged problems with breath testers. David Sleigh, a criminal defense attorney based in St. Johnsbury is partnering with Burlington lawyer Frank Twarog to use a client’s case and those of two other DUI clients to attack the credibility of DataMaster breath testers. The DataMaster breath testers are used by police and the state health lab that certifies and maintains them. Sleigh has witnesses prepared to testify that the health department used unorthodox methods to repair damaged DataMasters and to get them to “pass” routine performance checks over a period of years. The compromised testers raise legitimate questions about whether innocent drivers have been convicted ed of DUIs based on faulty evidence. Equally troubling, though, is the prospect of dangerous drunk drivers getting off the hook and back behind the wheel.