by Christina Jackson, NALP Director of Public Service Initiatives & Fellowships

Happy Friday!

Here are the week’s headlines:

• Changes proposed at University of North Carolina School of Law Center for Civil Rights;
• Hawaii legislature cut funding for free or low-cost legal services;
• British Columbia legal aid will cease to accept immigration & refugee applications as of August 1;
• New ABA network increases legal services for homeless youth;
• Legal chatbot DoNotPay announces massive expansion;
• Public defender fees waived for those found not guilty in California;
• New York City immigrants facing deportation denied legal help amid Mayor de Blasio, City Council funding dispute;
• Esquire launches program to help law firms make the most of pro bono budgets;
• New Duke University School of Law certificate helps students get head start on public interest careers;
• Spotlight on Outstanding Public Servants; and
• Super Music Bonus!

The summaries:

July 6, 2017 – “A UNC committee has presented five alternatives for changes at the UNC Center for Civil Rights, but cautioned that there is no guarantee the center’s mission would survive under significant restructuring. The center has been under the microscope of the UNC Board of Governors for months after a few board members objected to the center representing clients in lawsuits against local governments and agencies. They want to ban the center from litigation, saying legal action should not be taken under the UNC banner. Center supporters have warned that such a prohibition could effectively end the civil rights work and endanger other legal clinics at the UNC and N.C. Central University law schools. The center was founded by the preeminent civil rights lawyer and former NCCU chancellor, Julius Chambers, who was a UNC law school alumnus. A committee appointed by UNC Chancellor Carol Folt issued a supplemental report, dated June 27, that outlines five alternatives for the center.” “‘The UNC-CH Committee wants to emphasize in closing that the availability of these alternatives is not an assurance that any of these alternatives is viable,’ the report said. The board could discuss the issue at a retreat next week but isn’t expected to take any action until September at the earliest. The supplemental report, meant to answer a question by the board about alternative structures, was issued as the legislature adjourned. Other questions submitted by board members had been answered in a previous report. The possibility of ending the center’s legal powers has led hundreds of supporters of the center to write to the board. At a public hearing in May, speakers said the center, and similar legal clinics, provide students with key education and practical experience — a requirement of the American Bar Association.” (The News & Observer)

July 6, 2017 – “Free or low cost legal services for residents in need is in jeopardy as funding for civil legal services has been cut from the Hawaii State Judiciary’s budget for at least the next year. In fiscal year 2016, the Judiciary received $600,000 for civil legal service organizations to help low-income residents, victims of domestic abuse, homeless people, veterans, immigrants and the elderly. In fiscal year 2017, that number was $750,000. For the 2018 fiscal year that started July 1, no money was allocated toward these services in the Judiciary budget.” “Legal Aid Society of Hawaii serves from 8,000 to 10,000 clients each year out of 20,000 calls it receives, said Sergio Alcubilla, director of external relations for the nonprofit. It has its own staff attorneys and is the largest public interest law firm in the state. The lack of state funding will impact the number of clients and cases it can take on, he said. ‘There are a lot of vulnerable people in our communities, and any legal situation can push them over that brink when living paycheck to paycheck,’ Alcubilla said. Aside from Judiciary funding, the nonprofit has been receiving about one fourth of its budget from the national Legal Services Corporation, which the Trump Administration wants to defund. It also receives grants for specific purposes, such as from the state Office of Community Services specifically for helping victims of human trafficking. Alcubilla said the Judiciary money was especially helpful because it wasn’t tied to one specific use.” (Honolulu Civil Beat)

July 6, 2017 – “British Columbia’s Legal Services Society (LSS) has announced that it will no longer accept applications for immigration and refugee cases as of Aug. 1 due to lack of funding. The federal government is responsible for funding immigration and refugee legal aid. According to the Legal Services Society, the federal government gives the B.C. government $900,000 annually for immigration legal aid which the province gives to the LSS, along with an additional $800,000, for a total of $1.7 million each year. Based on current projections, LSS estimates it will need an additional $1.07 million to maintain services until the end of the year.” “LSS issued 350 contracts for refugee services in 2013-2014 with that number jumping to 860 contracts in 2016-2017.” (The Lawyer’s Daily)

July 6, 2017 – “More than 200 criminal cases across the country have been tossed due to unreasonable delays since the Supreme Court of Canada’s landmark Jordan decision one year ago, court data shows. The cases include murders, sexual assaults, drug trafficking and child luring, all stayed by judges because the defendant’s constitutional right to a timely trial was infringed. While provinces and the federal government have taken steps over the past year to speed up Canada’s sluggish courts, legal observers say more drastic and urgent changes are needed. ‘Not nearly enough has been done by the government in order to repair this crumbling system,’ said Rick Woodburn, president of the Canadian Association of Crown Counsel. ‘Until the government views the justice system as a priority, we’ll continue to see murderers set free.’ Advocates say governments must provide more funding for every facet of the system, including judges, Crown attorneys, legal aid and infrastructure. Ottawa is also being urged to reverse decisions made under the previous Conservative government to expand mandatory minimum sentences and to close three of six RCMP forensic labs in the country. The Jordan decision, as it has come to be known, was issued on July 8, 2016, when the high court ruled the drug convictions in British Columbia of Barrett Richard Jordan must be set aside due to unreasonable delay. In a 5-4 ruling, the court said the old means of determining whether proceedings had taken too long were inadequate. Under the new framework, unreasonable delay was to be presumed if proceedings topped 18 months in provincial court or 30 months in superior court.” (CBC News)

July 10, 2017 – “In an effort to increase legal services to [homeless youth], the American Bar Association (ABA) recently launched the Homeless Youth Legal Network (HYLN). The initiative helps homeless youth ages 25 and younger, while also providing opportunities for legal professionals and service providers. ‘The Homeless Youth Legal Network is a fine example of how the American Bar Association can link youth experiencing homelessness with experts in the legal community who can help,’ ABA President Linda A. Klein. ‘This project, made possible with a grant from the ABA Enterprise Fund, shows how we can harness the power and reach of the ABA to improve access to justice by providing much-needed legal assistance to vulnerable populations.'” “To help other programs better serve homeless youth, HYLN identified 12 programs to serve as models during the first phase of this initiative. These 12 pilot sites will provide technical assistance to emerging programs, document best practices, and share data on legal barriers and improved outcomes resulting from legal advocacy. By identifying existing services, as well as unmet needs, the groups leading this initiative—the Commission on Homelessness and Poverty, Commission on Youth at Risk, and Section of Litigation Childrens’ Rights Litigation Committee—hope to create a national directory of legal services available to homeless youth. In addition to helping homeless youth, HYLN benefits attorneys and service providers by offering them technical assistance, training, and learning opportunities. A pro bono initiative is currently being piloted in Florida to recruit and train lawyers and law firms while also matching them with homeless youth shelters and drop-in centers nationwide.” (Associations Now)

July 11, 2017 – “Noted legal aid chatbot DoNotPay just announced a massive expansion, which will help users tackle issues in 1,000 legal areas entirely for free. The new features, which launched on Wednesday, cover consumer and workplace rights, and will be available in all 50 states and the UK. While the bot will still help drivers contest parking tickets and refugees apply for asylum, the service will now also help those who want to report harassment in the workplace or who simply want a refund on a busted toaster.” “Through DoNotPay, a user has a simple, instant message-like conversation with a bot by typing their issue in their own words. Even colorful complaints like, ‘My airline screwed me’ will be registered by the system. Then, a virtual lawyer decides how to best help a user based on their answers to a series of questions. The bot usually crafts a claims letter with the information provided, potentially saving hundreds of dollars in legal fees. DoNotPay can also connect users to outside aid, like a nonprofit that provides pro bono representation or avenues for action in more serious cases. The legal guidance is free, instant, and — in some cases — life-changing.” (Mashable)

July 11, 2017 – “Californians accused of a crime but found not guilty will no longer have to pay for their public defenders after Gov. Jerry Brown on Monday signed a criminal justice-reform law striking the requirement. Under a bill authored by a pair of Los Angeles-area state senators, people using court-appointed counsel must only repay courts for legal costs if they are convicted. State Sen. Holly Mitchell, D-Los Angeles, said the current reimbursement laws are a detriment to low-income Californians and that Senate Bill 355 closes a damaging loophole which punishes individuals who are falsely arrested.” (Courthouse News)

July 11, 2017 – “A program offering free lawyers to immigrants facing deportation has stopped taking clients due to a clash between Mayor de Blasio and the City Council over whether city cash can aid people convicted of serious crimes. The New York Immigrant Family Unity Project has been refusing new clients since June because of the dispute over the legal services money, said Andrea Saenz, the program’s supervising attorney at Brooklyn Defender Services. ‘Right now, we’re not serving our community. And people are scared that they’ll get arrested by ICE, and we want to be able to tell them that New York City has your back and we’ll get you a lawyer,’ she said. ‘I never thought we’d be in this spot for this long.’ The city budget for the fiscal year that started July 1 included $26 million for lawyers for immigrants threatened with deportation — but Mayor de Blasio said the money should not go to people convicted of 170 serious crimes. Council Speaker Melissa Mark-Viverito objected to that rule, and inserted language into the budget passed saying only income — not criminal convictions — could be considered in admitting people to the program. Yet de Blasio wouldn’t agree to go along with that condition, only saying vaguely that the dispute would be resolved in the contracting process. The fight left the legal services groups in limbo, unable to spend any money because they don’t know who they’re allowed to represent. About 100 detained immigrants have missed out on lawyers in the six weeks the program has been out of commission, Saenz said.” (Daily News)

July 11, 2017 – “Esquire Deposition Solutions, LLC, the nation’s leading provider of court reporting, video, and interpreting services, is pleased to announce a new Pro Bono Court Reporting Program that creates partnerships with law firms across the country to offer discounted court reporting services to allow more individuals equal access to justice.” (Esquire)

July 12, 2017 – “Duke Law students can now get a head start on careers in public interest law through a new certificate program, the first the Law School has offered to JDs. The Public Interest and Public Service Law Certificate is open to students who demonstrate through their coursework and service an interest in working in a nonprofit or government setting after graduation. In addition to working with a dedicated law school career counselor, students in the program will be assigned both a peer and a faculty mentor who will assist in planning courses to take and navigating opportunities during law school.” (Duke Law)

Spotlight on Outstanding Public Servants:

As many of you know, the Trump administration’s proposed budget called for completely eliminating funding for LSC. Congress has the final say on appropriations, and it appears that at least some in Congress are in favor of a reduction in LSC funding. Below is a message from the National Legal Aid & Defender Association regarding Legal Services Corporation (LSC) funding for FY’18, and how you can act to tell Congress any reduction in LSC funding is a mistake.

From the National Legal Aid & Defender Association:

As you may know, the U.S. House Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies last week approved a spending package that would cut funding for Legal Services Corporation (LSC) grantees by 24 percent. This would impose unacceptable budget cuts that would force grantees to severely curtail services and potentially even close offices. At the same time, the White House and some in Congress appear to remain committed to eliminating LSC.

That is why I wanted to let you know about www.ActOnJustice.org, which provides information, fact sheets, and talking points about LSC and civil legal aid, which you may find useful for your own advocacy. The key purpose of the site however, is to give individuals a quick and simple way to contact their own elected officials to advocate for LSC.

With so many competing spending priorities facing Congress, it is vital that we demonstrate the depth of support for LSC that exists within members’ own constituencies. I would like to ask that you help achieve this by using the site and sharing it broadly throughout your networks. This effort will be most effective if it includes a cross section of stakeholder groups, particularly: (1) clients and former clients, (2) public interest advocates who work with populations that routinely experience civil legal needs, (3) private and corporate lawyers, particularly those that have experience working with legal services programs pro bono, and (4) law students and law school faculty.

Please note: if you receive LSC funds, you are prohibited from using this site for grassroots lobbying. However, the site does include other resources and updates you might find useful.

The national response to the White House recommendation to eliminate LSC has been deeply impactful, and with appropriations bills currently being drafted and considered in Congress, now is the time to elevate the voice of communities and constituents in a more coordinated way. Where permitted, please link to the site in your upcoming communications, and start a conversation using #ActOnJustice on Facebook and Twitter.

Thank you for helping to make sure that LSC continues to be protected, and that the clients of its grantees continue to receive access to justice.

David

DAVID MILLER, Manager, Policy Initiatives

www.nlada.org  |  D.Miller@nlada.org  |  (202) 452-0620 ext: 244

1901 Pennsylvania Avenue, NW Suite 500, Washington DC 20006

by Christina Jackson, NALP Director of Public Service Initiatives & Fellowships

Happy Friday! Welcome to July. If this is  your time for reflection, check out PSJD’s new self-assessment tools.

Here are the week’s headlines:

• Legal Aid Ontario withdraws threat to suspend immigration and refugee services;
• Delaware lawmakers restore legal aid funding to state budget;
• Maryland lawmakers seek legal aid for tenants facing eviction in Baltimore;
• ABA’s charitable arm gave more than $70M to programs worldwide: annual report;
• New legal partnerships seek to expand access to justice through churches in Tennessee;
• ABA unveils free online tool to help veterans identify legal needs;
• Spotlight on Outstanding Public Servants; and
• Super Music Bonus!

The summaries:

June 30, 2017 – “Legal Aid Ontario has backed away from its threat to suspend immigration and refugee services, which would have cut the group’s costs by about 40 per cent. It said it needed to pare down the annual cost of the program from $33.6 million to $20.5 million. The group first announced it was considering cutting back those services in May, and then began a province-wide consultation on the idea. At the time, it said the organization couldn’t continue to foot the cost overruns for its refugee program, as it had been doing for the past number of years. On Monday, Legal Aid Ontario (LAO) posted a brief update on its website, that said ‘as a result of intensive stakeholder consultations in May and June, and ongoing discussions with government, LAO has decided to continue immigration and refugee services at the current level at this time.'” (CBC News)

June 30, 2017 – “Lawmakers in Dover have restored crucial state funding for legal aid services in the state’s budget, avoiding what some had feared would have been devastating cuts to three organizations that provide representation for Delaware’s poor. Late Sunday, Democrats and Republicans in the General Assembly agreed on a deal to balance the state’s budget and eliminate a more than $350 million revenue shortfall that had pitted lawmakers against each other and caused them to miss their June 30 deadline. The leadership from both parties finally announced the budget accord after midnight on Monday. The deal restored the bulk of a $600,000 line item for legal aid, which had been removed in earlier negotiations by the General Assembly’s Joint Finance Committee. The agreement also restored about $66 million in cuts, including a $36.4 million grant-in-aid bill, which provides state money for nonprofits like civil legal aid groups. Last week, the JFC said the state couldn’t afford to fund grant-in-aid at all.” (Delaware Law Weekly)

July 3, 2017 – “A state and city lawmaker began drafting separate bills this week to make more publicly funded lawyers available for low-income tenants facing eviction in Baltimore, which spends more money ousting renters than trying to help them remain in their homes. Del. Sandy Rosenberg and Baltimore City Councilman Robert Stokes, both Democrats, hope their efforts can generate momentum for an issue that has stalled in Maryland while gaining traction across the nation. Stokes has drafted a ballot initiative that would ask city voters in next year’s election to approve or reject the establishment of a ‘tenant legal assistance fund.’ And Rosenberg has asked Maryland’s Department of Legislative Services to research how other cities and states are funding, or proposing to pay for, more lawyers for tenants. The Baltimore Sun on Sunday detailed New York City’s $77 million program to provide lawyers to tenants facing evictions and a pending $4.5 million funding increase in Washington, D.C., for the same purpose. Boston and Massachusetts lawmakers are considering a similar proposal, which has been shown in San Francisco to reduce the amount of public funds needed to operate homeless shelters. In response to the story, Rosenberg said Sunday that he had asked Legislative Services Director Warren Deschenaux ‘to research how New York, Washington, San Francisco and Boston are paying for legal counsel for tenants in housing court or proposing to do so.'” (The Baltimore Sun)

July 5, 2017 – “As the charitable arm of the ABA, the ABA Fund for Justice and Education helps support more than 200 law-related public service and educational programs each year. Earlier this month, the FJE released its annual report (PDF) for the period from Sept. 1, 2015 to Aug. 31, 2016. In addition to a list of individual and organizational donors, the report outlines how the FJE spent the $71.67 million budget. Less than 2 percent of the budget went to administrative and fundraising costs, leaving more than $70 million to be spent directly on the charitable programs which accomplish FJE’s goals. These include expanding access to justice, promoting diversity, safeguarding civil liberties and advancing the rule of law internationally. The American Bar Endowment was one of the FJE’s largest donors, providing more than $3 million in 2015-16.” (ABA Journal)

July 5, 2017 – “Legal Aid of East Tennessee, Tennessee Faith and Justice Alliance, Christian Legal Society and Chattanooga Gospel Justice Initiative are among those working together on a new effort to expand Access to Justice in Chattanooga through area places of worship. One such partnership has been created with White Oak United Methodist Church in Red Bank.  A pro bono legal clinic will be hosted at the church on Tuesday.  The partnership will also include legal issue training awareness for church leadership through the TFJA and pro bono legal clinics at the church.  Voluntary pro bono attorneys will be available to counsel on a wide variety of civil legal issues.” (The Chattanoogan)

July 5, 2017 – “Veterans who need help identifying legal needs in their lives can take advantage of a new online tool.
Legal Checkup for Veterans, a free website, is part of a signature initiative by ABA President Linda A. Klein to improve legal services for veterans, according to an ABA press release. Legal technology company CuroLegal developed the website with the help of ARAG legal insurance and volunteer experts. The website currently focuses on family law, housing and employment. Users are asked to provide their ZIP code and are asked a series of questions. They include whether the user has stable housing, needs shelter, is getting divorced, has disputes over child custody and property, has a job, and is being discriminated against based on pay. Underneath each question is a ‘more information’ option. For example, the option underneath a question about unequal pay tells the user that federal law and the laws of most states don’t allow larger employers to pay workers differently because of gender, race, national origin, religion, color, disability, sexual orientation or age. At the end of the survey, users are informed about areas of the law where they may have claims and action they can take. Those who have claims related to property distribution in a divorce, for example, are advised to gather documents to support the value of assets and debt. Users can text or email a copy of the page summarizing their potential legal issues to themselves or others so it can be discussed with an advocate or family member. Users can also click on a button that provides them with resources that can help with their legal issues, such as contact information for a free legal services provider or a lawyer referral service. Those with a potential employment claim are provided contact information for the local office of the U.S. Equal Employment Opportunity Commission. Contact information for the local veterans service organization may also be listed, depending on the legal issues identified.” (ABA Journal)

Spotlight on Outstanding Public Servants: