House Bill Cuts $70 Million from Legal Services Corporation Appropriation

Just a quick follow-up on our post last week about threats to LSC funding on the Hill.  LSC released a statement on Saturday, which reads in part:

The U.S. House of Representatives today passed a $70 million cut in Legal Services Corporation (LSC) funding from the current level, reducing grants to 136 local legal aid nonprofit programs by an average of 18 percent.The proposed $70 million cut is from the Fiscal Year 2010 funding of $394.4 million provided to LSC programs. An effort to eliminate all funding for LSC programs was defeated on a bipartisan vote, 259 to 171, on February 16.

Under the House proposal, about 160,000 fewer low-income people would receive civil legal assistance and 80,000 fewer cases would be handled by the LSC-funded programs. The proposed funding cut would force layoffs of about 370 staff attorneys and shut down some offices in rural areas.

This cut is a part of a continuing resolution to fund federal programs through the remainder of Fiscal Year 2011.  So a battle about FY 2012 is still to come, but it suggests that LSC’s opponents will be active in pushing for funding cuts.  In light of the fact that LSC has long had enemies – and, we should note, many friends – on Capitol Hill, it’s noteworthy that conservative budget hawks are not just targeting programs to which they are ideologically opposed.  Here’s a good Washington Post article highlighting the fact that even programs which traditionally received conservative support find themselves threatened as some on the Hill are determined to cut spending at all costs.  All of this suggests that stakeholders in the equal justice community must take an all-hands-on-deck approach in supporting legal services funding in the coming weeks.

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Public Interest Law News Bulletin: February 18, 2011

We return after a week’s absence with a robust edition of the News Bulletin.  Below, please read our coverage of:

  • Layoffs at the Appalachian Research and Defense Fund (AppalReD);
  • Legal services funding crisis in Texas – and proposed solutions;
  • in Georgia, even a small cut to DV legal services funding will have a big impact;
  • Maine indigent defense program still struggling with funding;
  • Ditto, and it’s even worse, in Missouri;
  • A profile of L.A. County’s public defender;
  • Right to counsel in New York foreclosure proceedings;
  • How an LSC funding slash could impact Florida’s legal services community;
  • DOJ’s budget proposal calls for a modest increase in attorney positions, sheds light on agency priorities;
  • Lots of coverage of FY 2012 LSC funding proposals;
  • A 1,000-lawyer public defense agency in Massachusetts?;
  • President Ronald Reagan’s legacy in spurring the growth of conservative public interest organizations;
  • Cuts in Florida court funding will strain defenders and prosecutors;
  • New academic work on exonerations via DNA evidence;
  • Some props for the Tennessee Justice Center;
  • Lawyers ensuring Florida farmworkers are paid for their labor;
  • In Arizona, the Justice Bus rides again!;
  • A political fight in Chicago (surprise!) – dispute about 10% cuts to the state’s attorney’s and defender’s budgets;
  • Continued wrangling about the administration of Georgia’s indigent defense program;
  • A solution to lowering criminal justice costs in Seattle: fewer capital-case prosecutions;
  • Rhode Island U.S. Attorney not invited to party as DEA, state trooper make big drug bust;
  • The importance of pro bono in Eastern Pennsylvania;
  • Tennessee’s “attorney emeritus” pro bono program has launched.

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  • 2.17.11 – as a follow-up to previous coverage of financial troubles at the Appalachian Research and Defense Fund (AppalReD) – an LSC-funded legal services provider in Eastern Kentucky – a piece in the Richmond Register provides some detail about layoffs: “Layoffs are expected in Appalachian Research and Defense Fund of Kentucky (AppalRed) offices around the state. A total of nine employees will be cut, according to a press release from Interim Executive Director Jonathan Picklesimer.”
  • 2.16.11 – Maine’s Kennebec Journal provides the latest on funding challenges confronting the Pine Tree State’s indigent defense administration: “Leaders of the new state commission that oversees legal defense for the poor say a recent budget compromise should enable them to keep paying court-appointed lawyers into early June, the last month of the fiscal year.  However, the added $200,000 for the Maine Commission on Indigent Legal Services’ budget is only enough to keep the commission running, they say. It does not address long-term financial concerns and an ongoing $600,000 budget shortfall that was inherited from the prior administration.”  The article goes on to provide background on the Commission’s formation and the rocky financial road it has driven since.
  • 2.16.11 – the L.A. Times runs an enjoyable, and inspiring, piece on Ron Brown, who grew up in an L.A. housing project and faced down personal and professional adversity while rising quickly through the ranks to become Los Angeles County’s public defender.  Brown appears to be naturally gifted as a litigator, but has also invested great amounts of time and energy in honing his lawyering and management skills.  The story serves as an ample lesson for law students that, at all stages of their lives, many successful lawyers work through unexpected challenges – from bumps in the road to more tragic events.
  • 2.15.11 – Civil Gideon!  Kind of!  The New York Times reports on civil-right-to-counsel program being unveiled in New York State foreclosure proceedings: “New York court officials outlined procedures Tuesday aimed at assuring that all homeowners facing foreclosure were represented by a lawyer, a shift that could give tens of thousands of families a better chance at saving their homes.  Criminal defendants are guaranteed a lawyer, but New York will be the first state to try to extend that pledge to foreclosures, which are civil matters. There are about 80,000 active foreclosure cases in New York courts. In more than half of them, only the banks have lawyers.”  The program is going to launch in Queens and Orange Counties in the immediate future.  By the end of the year it should be rolled out throughout the state.

 

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Right to Counsel in New York State Foreclosure Proceedings

Civil Gideon!  Kind of!  The New York Times reports on civil-right-to-counsel program being unveiled in New York State foreclosure proceedings: “New York court officials outlined procedures Tuesday aimed at assuring that all homeowners facing foreclosure were represented by a lawyer, a shift that could give tens of thousands of families a better chance at saving their homes.  Criminal defendants are guaranteed a lawyer, but New York will be the first state to try to extend that pledge to foreclosures, which are civil matters. There are about 80,000 active foreclosure cases in New York courts. In more than half of them, only the banks have lawyers.”  The program is going to launch in Queens and Orange Counties in the immediate future.  By the end of the year it should be rolled out throughout the state.

For those interested in learning more about the civil-right-to-counsel, or “Civil Gideon”, movement, visit the National Coalition for a Civil to Counsel’s website.

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Legal Services Corporation on the Budget Chopping Block (UPDATE: Obama Administration Proposes BOOST in LSC Funding)

[EDIT: we had some math wrong in our initial blog post, so we wish to clarify that the House Appropriations Committee had proposed a global budget cut of $75 billion, within which there was a proposed $75 million cut to the LSC.  Subsequent to that proposal, the Appropriations Committee raised its global budget cut to $100 billion, which risks raising the LSC cut even more.  (Depending on how you read the numbers, we understand that the new proposal may include an LSC budget cut that is slightly higher than $75 million.)  Sorry if our confusion caused any on your end.]

LSC took a blow last week.  First, the House Appropriations Committee proposed slashing $75 million from LSC’s budget in a larger $75 billion federal budget-cutting measure.   Then, as reported by the National Law Journal: (article may be password-protected)

The Legal Services Corp. has survived any number of near-death experiences in its 34-year history. But the agency that funds civil legal services for the poor may be facing its biggest challenge yet at the hands of congressional budget cutters.

On Feb. 9, the Republican-led House Appropriations Committee included a $75 million cut for the LSC in its plan for eliminating $74 billion from the federal budget. The next day, after demands for more cuts from Tea Party adherents, the committee upped its goal to $100 billion in cuts.

[Emphasis by PSLawNet Blog].  The $75 billion proposed cut would have been bad enough.  We wonder how much more may come out of LSC’s appropriation with the committee’s new proposal.    When the proposal was announced last week, LSC got quickly into gear spreading word about the damage it could do to legal services providers and the client communities they serve:

A congressional proposal to cut $75 million from the Legal Services Corporation’s (LSC) budget would decimate civil legal aid to low-income Americans at a time when it is most needed by the tens of millions suffering economic hardship.The proposed $75 million funding cut would represent a 17 percent reduction from the White House’s Fiscal Year 2011 budget request of $435 million for LSC and a 14 percent decline from LSC’s current funding level, $420 million.

And in a separate statement, LSC’s Board Chair and immediate past chair expressed what’s at stake in terms of a budget cut:

At a time when more Americans are eligible for civil legal assistance than ever before in the Corporation’s history, the House Appropriations Committee unfortunately has proposed an extraordinary and immediate cut of $75 million – or 17 percent – from the White House’s Fiscal Year 2011 budget request for LSC.

As Chairman and immediate past Chairman of the Board of an organization charged with being one of the keepers of the flame of equal justice in this country, it is our responsibility to let the country know when that flame is flickering far too low. We do not know how a budget cut of this magnitude allows us to keep faith with the founding values of our great country. Regardless of fiscal pressures, we must never lose sight of our primary responsibility – to support the values of our Constitution and to provide equal access to justice for all Americans.

LSC has its budget-battle work cut out for it.  According to the NLJ piece, the ABA is already coming to the aid of the equal justice community:

Stephen Zack, president of the American Bar Association, which is a longtime supporter of the LSC, said in a written statement, “Hard choices loom as to priorities for federal spending, but let’s be smart about where reductions are made.…Slashing funds that keep working class and poor people from falling into a legal and financial tailspin is not the right decision in this economy.”

If they go through, budget cuts are bound to hit LSC grantee organizations, which serve low-income individuals and families throughout the U.S., very hard.  And grantees are already struggling.  As the PSLawNet Blog noted a few days ago, more and more news is surfacing about staff layoffs and office closures:

UPDATE: this is what happens when we queue up a blog post the night before to publish the next morning.  The Blog of the Legal Times reports on the Obama Administration’s budget proposal, formally released yesterday, which call for an increase in LSC’s budget, by $30 million.  If nothing else, this will buck up some support for LSC when budget negotiators on Capitol Hill get down to brass tacks.

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PSLawNet Jobs Report: February 14, 2011

Looking for a job or internship on this St. Valentine’s Day?  PSLawNet hearts jobs.  In the past week 70 job listings were posted on PSLawNet, including 35 postgraduate positions and 23 internships.  There are presently 1009 job listings in total on PSLawNet. 

Featured Opportunities:

Summer in Hotlanta!  The Centers for Disease Control’s (CDC) Office of General Counsel is seeking two summer law interns.  From their listing: “The Office of the General Counsel (OGC) for the Centers for Disease Control and Prevention (CDC) branch of the Department of Health and Human Services (HHS) welcomes applications for its summer law student internship program. Interns serve at the CDC headquarters in Atlanta, Georgia.  OGC is the legal team for HHS, providing representation and legal advice on a wide range of national issues. OGC supports the development and implementation of HHS’s programs by providing legal services to the Secretary of HHS and the organization’s various agencies and divisions. With a team of over 400 attorneys and a comprehensive support staff, OGC is one of the largest and most diverse law offices in the country. We strive to advance HHS’s goal of protecting the health of all Americans and providing essential human services, especially for those who are least able to help themselves.”  Learn more about this position on PSLawNet.  (Application deadline: 3/1/11)

The Council on American-Islamic Relations’s (CAIR) Chicago office is seeking a Civil Rights Director: “This person will lead the Civil Rights Department which counsels, mediates and advocates on behalf of Muslims and others who have experienced religious discrimination, defamation, or hate crimes. The department works to protect and defend the constitutional rights of Muslims in the area, thereby supporting the rights of all Americans.”  Learn more about this position on PSLawNet.

In Texas, Lone Star Legal Aid is hiring a staff attorney: “The successful applicant must be able to gather evidence, conduct civil lawsuits, draft legal documents and advise client about their legal rights. This attorney must also be able to interview clients and witnesses as well as handle other details in preparation for client legal representation. LSLA attorneys represent clients in court and before quasi-judicial or administrative agencies of government. They interpret laws, ruling and regulations for clients and the client community. They are involved with outreach and community education and work with the community to further the missions of LSLA. The successful applicant may supervise and coordinate activities of subordinate legal, clerical, volunteer or student workers. The successful applicant will be expected to handle a service case load, major litigation, attend evening clinics and participate in community education.”  Learn more about this position on PSLawNet.

Featured Resource: Looking for a Summer Job Abroad?

One of our friends at NYU’s Public Interest Law Center is a former human rights lawyer with extensive experience traveling and practicing abroad.  She was kind enough to produce a tips sheet for students looking for summer, public-interest work abroad.  Download TIPS FOR STUDENTS APPLYING FOR INTERNSHIPS ABROAD.

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Shriver Center Releases "Poverty Scorecard"

The Sargent Shriver National Center on Poverty Law announced the release of its Poverty Scorecard yesterday:

There were 43.6 million Americans living in poverty in 2009, an astounding 17 percent increase in the two years since the Great Recession began in 2007. Never has it been more important for our elected representatives to take effective action to fight poverty.

Each year the Shriver Center publishes its Poverty Scorecard, which grades the performance of every Member of Congress on the most important poverty-related votes of the year. The Scorecard’s purpose is to hold our Senators and Representatives accountable – every single one of them – for their efforts to advance economic justice, or their failure to do so. 

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PSLawNet Jobs Report: February 7, 2011

Need a job or internship? During the last week PSLawNet has posted: 54 new attorney positions, 33 new internships, and 28 new law related opportunities. Additionally, there are currently 1,028 active opportunities in our job database. To search the database visit PSLawNet.

Featured Opportunities

Poverty Law Advocacy Internships: Connecticut Legal Services is filling summer internship positions in five service offices: Bridgeport, New Britain, Stamford, Waterbury, and Willimantic.  We seek applicants who want to use their creativity, initiative, and other talents and skills to improve the lives of low-income people.  CLS encourages cross-cutting client-centered work which goes beyond specific legal specialties. CLS lawyers represent families and individuals in administrative hearings, and in state and federal courts. CLS encourages lawyers addressing major client issues to work in teams, which may include other legal services lawyers and or other local community agencies.  Connecticut Legal Services provides legal representation and advice to over 9,000 low-income households each year.  Interns at CLS receive training in client interview skills, assist with an active caseload of representation and advice cases, may have the opportunity to represent clients in administrative hearings or under the student practice rule if qualified.  To learn more, view the full job listing on PSLawNet…

An Attorney position is available at the National Oceanic and Atmospheric Administration’s Office of the General Counsel (NOAA GC). NOAA GC employs approximately 114 attorneys at headquarters offices in the Washington D.C. area and at six regional offices. NOAA GC provides legal advice to the Department of Commerce Under Secretary for Oceans and Atmosphere (NOAA Administrator) and NOAA program offices on a wide variety of issues including U.S. and international fisheries, marine mammals, endangered or threatened marine species, preservation of coastal areas, marine sanctuaries, and licensing of commercial satellites. NOAA is a premiere environmental agency, located within the Department of Commerce, and employs over 12,000 individuals nationwide. The agency’s mission is to conserve and manage coastal and marine resources and to understand and predict changes in the Earth’s environment to meet the Nation’s economic, social and environmental needs.  To learn more, view the full job listing on PSLawNet…

Featured Resources for Summer Job Seekers

  1. Living out of town while completing an internship this summer?  Use NALP’s Apartment Exchange to sublet your place and to look for housing.
  2. Are you aware that many organizations offer funding to students with summer public service jobs to help pay the bills?  Check out PSLawNet’s Summer Funding Page for more details.  Some, but not all, application deadlines have passed, so visit the page today.

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Public Interest Law News Bulletin – February 4, 2011

In summary…there’s a lot of public interest news this week.  Unfortunately, a lot of it’s not good.  Funding shortages are affecting public interest programs literally from the Mexican to the Canadian borders.  Featured: the “Last Resort Exoneration Project” is released at Seton Hall Law; a young lawyer weighs the virtues of Model Rule 6.1; apparent financial trouble at AppalReD leads to the ED’s firing; farewell to a titan among federal defenders; the North Carolina State Bar is trying to ramp up pro bono efforts; cuts in local funding for a Louisiana legal services provider; unbundling legal services to serve more low-income Mississippians; fighting against food stamp terminations in Washington State; potential staff layoffs at Rhode Island Legal Services ruffle union feathers; the Colorado criminal defense bar is fighting for easier access to public defenders; loan repayment for Illinois prosecutors and public defenders; an office closure by New Mexico Legal Aid; discontinuing the Homeless Rights Project in San Francisco; arguments for permitting easier public access to juvenile court records and proceedings; the fight continues over an indigent defense attorney assignment overhaul in the Big Apple (or in French: le Big Apple); will the planned closure of a Southern Arizona Legal Aid office be avoided?; the Maine Commission on Indigent Legal Services is running out of funds; financial support for legal services for artists; New York’s top jurist calls upon the bar to support pro bono and legal services funding; legal services funding woes in Texas; Washington State high court arguments about a foster child’s right to counsel.   

  • 2.3.11 – a New Jersey Star-Ledger blog highlights the launch of the “Last Resort Exoneration Project” at Seton Hall Law School.  The project will work to free innocent convicts, but unlike the high-profile Innocence Project, the Exoneration Project will focus on cases where DNA evidence is not in play – no meager feat.  The new initiative is something of a family affair.  Exoneration Project director Lesley Risinger first worked to free an innocent convict before attending law school; she enlisted the help of her mother, an attorney.  Now a lawyer herself, Risinger will co-direct the project with her husband, a Seton Hall Law professor.
  • 2.2.11 – the New York Times has a nice write-up on the retirement of New York City’s chief federal defender, who has earned the respect of judges and legal adversaries and whose office has handled myriad high- and low-profile matters in Manhattan and Brooklyn.  “Leonard F. Joy, the lawyer who has led New York’s influential federal public defender’s office for the last two decades, is retiring this month, ending a tenure during which his office represented some of the most infamous defendants being prosecuted by the United States attorney’s offices in Manhattan and Brooklyn.”
  • 2.2.11 – the Louisiana-based Tri-Parish Times reports on local funding cuts to legal services: “Low-income individuals and families that have depended upon or might need legal assistance when dealing with civil matters in Louisiana could be left without representation as parishes cut back on their budgets in 2011.  Capital Area Legal Services Corp., which has been funded by contributions from 12 parishes…is faced with a loss of financial support that could range from $24,530 to $47,330 this year. In turn, the legal aid agency could soon be faced with cutting some of its services.”   

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Nominations Sought for ABA Legal Aid Awards

Know a worthwhile attorney or organization?  Nominate them!  Here’s an email we got from our friends at the ABA Center for Pro Bono:

Each year the Standing Committee on Pro Bono and Public Service presents five awards to individual lawyers and institutions in the legal profession that have demonstrated outstanding commitment to volunteer legal services for the poor and disadvantaged. The awards will next be presented at the Pro Bono Publico Awards Luncheon on Monday, August 8, 2011 at the ABA Annual Meeting in Toronto, Canada. 

To nominate an individual lawyer, small or large law firm, government attorney office, corporate law department or other institutions in the legal profession you will need to fill out our online nomination form.

Click here to submit your nomination of an individual.

Click here to submit your nomination of an institution.

We are actively seeking nominations of lawyers of color and institutions which are serving diverse communities.

*** Important Note:  The ABA website will be undergoing maintenance the first week of February and you will not be able to access the Awards criteria nomination guidelines and a list of past Award Winners.  The documents are attached to this email for your reference.

In addition to the on-line nomination form, which is submitted when you complete the form, the required nomination narrative and all supporting materials must be submitted via e-mail  to Meaghan.Sherer@americanbar.org by 5:00 pm CST on Monday, March 14, 2011. No extensions will be granted.

Here are the nomination criteria and application requirements.

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PSLawNet Jobs Report: January 31, 2011

Need a job or internship? During the last week PSLawNet has posted: 37 new attorney positions, 15 new internships, and 12 new law related opportunities. Additionally, there are currently 1,057 active opportunities in our job database. To search the database visit PSLawNet.

Featured New Jobs

The ACLU’s Washington Legislative Office is seeking a legislative counsel/lobbyist.  The Legislative Counsel/Lobbyist will be working under the supervision of the Chief of Staff/First Amendment Counsel. He/She will be responsible for a wide range of civil liberties issues but will focus particular attention on a portfolio of issues to be assigned, as priorities require.  For more information on this position, visit PSLawNet.

Also in Washington, DC, the National Disability Rights Network is seeking two summer law interns.  NDRN is the nonprofit membership organization for the federally mandated Protection and Advocacy (P&A) Systems and Client Assistance Programs (CAP) for individuals with disabilities. Collectively, the P&A/CAP network is the largest provider of legally based advocacy services to people with disabilities in the United States. NDRN provides training and technical assistance, legal support, and legislative advocacy, NDRN works to create a society in which people with disabilities are afforded equality of opportunity and are able to fully participate by exercising choice and self-determination.  NDRN is accepting applications for two summer law internships in disability rights law. Legal interns will develop their legal skills working directly with a highly experienced staff of 9 attorneys on cutting edge projects related to a wide range of disability rights issues. Typical law intern projects include research and writing on issues concerning abuse and neglect in institutions, disability discrimination, special education, employment and vocational services, and the use of restraint and seclusion in schools. Other projects may include monitoring federal legislation and regulations and analyzing policy proposals.  Application deadline: 2/18/11.  For more information on these positions, visit PSLawNet.

Good luck!

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