Summer
1999 - Volume 3, Number 3
Legal Aid Articles
From
the Chair...
The Chair of the Standing Committee on Legal
Aid and Indigent Defendants discusses current issues and events
Battle
for Adequate Funding for the Legal Services Corporation Heats
Up
Building
an Image to Promote Civil Legal Assistance for the Poor
 From the
Chair…
by Doreen D. Dodson
Chair, Standing
Committee on Legal Aid and Indigent Defendants
Harrison
Tweed Awards I am happy to announce the recipients of the 1999
American Bar Association/National Legal Aid and Defender Association
Harrison Tweed Award. This award, named for a leader in the
promotion of free legal services to the poor, recognizes the
extraordinary achievements of state and local bar associations that
develop or significantly expand projects or programs to increase
access to civil legal services to poor persons or criminal defense
services to indigents.
This year, the award will be presented to the Saginaw (Michigan)
County Bar Association and to the Washington State Bar Association.
The Saginaw County Bar Association
The Saginaw County Bar Association (SCBA) is a 395-member bar.
Despite its small size, its leadership and membership have
demonstrated an extraordinary commitment to equal justice for all.
The SCBA has developed a multifaceted program to broaden access to
justice in the region.
The bar established a strong foundation for a range of access to
justice activities. Working closely with the county’s circuit and
district courts, SCBA adopted a policy and resolution that
encourages members to provide pro bono services. It also sets forth
a number of agreed-upon procedures to ensure that pro bono matters
receive expedited service when volunteer attorneys make court
appearances.
Every year, the SCBA recognizes lawyers’ pro bono efforts through
an “Honor Roll” and an award. The monthly bar newsletter includes a
number of articles on the legal needs of low-income persons. An
active Pro Bono Committee continues to assess and refine bar
efforts.
Bar members both provide direct pro bono representation to an
impressive number of poor clients each year, and they contribute
financially to bar access to justice projects and local legal
services organizations. In addition, the bar sponsors a monthly,
brief legal advice clinic, and it provides volunteer attorneys to
operate the clinic. SCBA members also assist lawyers from Legal
Services of Eastern Michigan in preparing and conducting training
for pro bono lawyers.
The SCBA sponsors a variety of programs for outreach to the
community and for community legal education. It operates regularly
scheduled family law pro se clinics and small claims clinics. It has
either contributed financially or bar members have participated in
producing consumer oriented video training materials and a consumer
legal guide to assist individuals and non-lawyer advocates in
solving legal problems. An SCBA member was instrumental in
conducting research and assisted in writing a now widely used manual
on grandparents’ legal rights.
The range of activities and depth of commitment demonstrated by
the SCBA—a voluntary organization of modest size—stand out as
warranting special recognition. We are therefore honored to present
to the Saginaw County Bar Association the 1999 Harrison Tweed Award.
The Washington State Bar Association
The Washington State Bar Association (WSBA) has, over the past
several years, demonstrated significant leadership, in close
partnership with Washington State legal services providers, in both
planning and implementing an integrated, comprehensive statewide
system for providing legal services for the poor.
Building on a long history of public service and commitment to
access to justice, the bar has, over the past five years, joined
with other key justice system agencies and organizations to develop
an unparalleled range of programs designed to improve coordination
between providers and services to clients.
The bar worked closely with the state supreme court to create the
Washington Access to Justice (ATJ) Board in 1994. This unique
entity, created by state supreme court order, has provided a
springboard for significant progress toward the ideal of equal
access for all. The bar has assumed all responsibility for
supporting the work of the ATJ Board, providing it with experienced
state bar staff and other in-kind support.
The ATJ Board, through its Equal Justice Coalition, has been an
important advocate for state and federal funding to state legal
services providers. The Coalition has led state bar leader efforts
to work with Washington’s congressional delegation to build support
for an effective and adequately funded Legal Services Corporation.
It also has worked diligently to obtain state legislative support
for the legal services program.
Throughout the past year, the WSBA has lead legislative advocacy
efforts to increase funding provided by the state legislature for
legal services. Both WSBA presidents who have served during this
period, joined by the bar’s Board of Governors, made the procurement
of additional financial resources a top priority.
The ATJ Board led the development of a comprehensive Plan for
Delivery of Civil Legal Services to Low Income People in Washington
State. In developing the plan, the bar was instrumental in obtaining
broad participation from stakeholders in the justice system, and it
has worked tirelessly to fully implement the plan.
One of the plan’s critical goals is to expand the use of
technology as a tool to deliver legal services. The WSBA hired a
full-time technology specialist to support access to justice efforts
through technology. During the past year, the specialist has
implemented an access to justice web site, assisted in procuring up
to date hardware and case management software for all legal services
providers, offered training and technical support, and obtained
software to support assisted pro se efforts.
The ATJ Board, again through the support that the WSBA provided,
sponsors an annual “Access to Justice Conference.” This event has
become the focal point for discussions among bar leaders, the
judiciary, legal services providers and others about strategies and
programs to insure equal justice for all in the state.
During the past year, the WSBA also has been responsible for new
rules to foster greater membership participation in pro bono. At the
bar’s request, the Washington Supreme Court adopted an emeritus
attorney rule, creating a limited license that permits retired
lawyers who have moved to Washington from other jurisdictions to
engage in pro bono practice. The bar also asked the Court to
consider a rule that would award continuing legal education credits
for pro bono service.
Taken as a whole, the WSBA’s efforts to expand access to justice
are far more than the sum of their parts. Leadership and resources
that the bar has provided have been crucial in the development and
implementation of one of the most ambitious and comprehensive plans
for improving a state legal services system. The bar has
demonstrated a deep and unwavering institutional commitment to
insuring access to justice for all. The ABA Standing Committee on
Legal Aid and Indigent Defendants and the National Legal Aid and
Defender Association are honored to present the Washington State Bar
Association with the 1999 Harrison Tweed Award.
One of the most gratifying tasks that the Standing Committee on
Legal Aid and Indigent Defendants undertakes each year is reviewing
Harrison Tweed Award nominations. Each year, many bar associations
across the United States demonstrate remarkable dedication to
improving the availability of legal services for the poor through a
diverse array of programs and initiatives. It is difficult, but of
course necessary, for the Committee to select but a few for each
year’s award. We applaud every bar association that has made a
commitment to improving access to justice, and we look forward to
working with bar leaders from around the nation in these endeavors.
Battle for Adequate Funding for the
Legal Services
Corporation Heats Upby Julie Strandlie
On April 15, 1999, Congress adopted H.Con.Res. 68, a budget
resolution for FY 2000 that directs increased federal funding to
several priority areas and maintains the strict spending caps
imposed by the Balanced Budget Act of 1997. The 1997 Act, P.L.
105-33, provides $30 billion less in budget authority for FY 2000
than was available for FY 1999. Congressional staff predict that to
accomplish goals outlined in H.Con.Res. 68 and to comply with the
spending caps, domestic discretionary spending may have to be cut 15
percent. Since the Legal Services Corporation (LSC) falls in this
category, a difficult battle again lies ahead.
While Congress did pass a budget resolution this year, progress
on many of the appropriations bills, including the Commerce,
Justice, State (CJS) bill which funds LSC, are behind even last
year’s pace due in large part to the wrangling over the budget caps.
Like last yaer, the Senate did not hold hearings on LSC funding. On
June 9, 1999, the Senate Appropriations Subcommittee on Commerce,
Justice, State drafted its FY 2000 spending bill, which included a
recommendation to fund LSC at the FY 1999 figure of $300 million. On
June 10, 1999, the Senate Appropriations Committee approved its CJS
Subcommittee’s recommendation and reported out the bill, S. 1217.
Floor consideration of S. 1217 was originally scheduled for the week
of June 28, prior to the July 4 recess. Consideration on all
appropriations bills, however, now has been delayed until after the
Senate completes its consideration of a Patients’ Bill of Rights,
scheduled for July 12-15.
Although the House is a full month behind last year’s progress on
the CJS bill, the LSC, its programs and supporters have been busy
waging another battle. Since the House Appropriations Subcommittee
on Commerce, Justice State held its March 3, 1999 hearing, LSC’s
House opponents, led by Majority Leader Dick Armey (R-TX), have
renewed their attack on LSC and have circulated several “Dear
Colleague” letters attacking LSC’s Washington management as well as
several local programs.
Representatives William Delahunt (D-MA) and Jim Ramstad (R-MN)
corrected the misinformation in their own bipartisan April 20, 1999
“Dear Colleague.” On May 3, 1999, Rep. Armey and four other Members
asked the Government Accounting Office (GAO) to audit LSC and
several of its programs concerning compliance with LSC requirements
for case statistic reporting. Preliminary results on audits of LSC’s
five largest programs showed some problems with case reporting and
eligibility documentation. At the same time, questions have been
raised about the validity of the criteria used by GAO to conduct the
study. A final GAO report is expected before July 31, 1999.
Despite the attacks by a few House Members, bipartisan support
for the program appears strong. Congressional supporters predict,
however, that the House Appropriations Subcommittee on Commerce,
Justice, State, under pressure from House leadership, will for the
fourth year in a row slash funding for LSC, and a floor amendment
restoring funding will again be necessary. Last year, the House
Appropriations Committee cut LSC’s funding to $141 million before a
floor amendment restored funding to $250 million.
It is crucial that LSC advocates throughout the country continue
to contact their Congressional Delegations to voice their strong
support for at least $300 million in funding for the Legal Services
Corporation. The House CJS Appropriations Subcommittee is scheduled
to mark up its bill on July 22, with full committee consideration
and floor debate to be completed before the House leaves for its
summer recess on August 7. LSC supporters should contact their
members of Congress now to alert them to the likelihood of an LSC
floor amendment and to ask for their vote. For more information on
the status of LSC funding, copies of ABA letters and testimony in
support of LSC, how your Members voted on last year’s LSC amendment
(Mollohan/Fox) and Congressional addresses, phone and fax numbers,
go to the ABA’s Governmental Affairs Webpage at http://www.abanet.org/legadv
Julie Strandlie is the Director of the ABA Grassroots
Operations/Legislative Counsel.
Building an Image to Promote
Civil Legal Assistance for the
Poorby Bonnie Allen
The Project for the Future of Equal Justice is launching a
national image-building campaign to promote civil legal assistance
for the poor. The Project is coordinating these efforts with a
number of groups, including the ABA Division for Legal Services, the
ABA Division of Media Relations and Public Affairs and the National
Association of IOLTA Providers.
The Project is a joint initiative of the National Legal Aid and
De-fender Association and the Center for Law and Social Policy.
Funded by the Open Society Institute and the Ford Foundation, the
Project’s mission is to expand and strengthen the national
infrastructure that supports in every state the development of a
comprehensive, integrated system to provide low-income people with
the information, assistance and advocacy they need to resolve their
legal problems. The campaign is intended to create an environment
that cultivates the public support and funding necessary to develop
and sustain these systems in the states.
Facing growing demands for civil legal assistance for the poor
and diminished and restricted funding from the Legal Services
Corporation, provider organizations at the national, state and local
levels are seeking new and expanded financial support from a variety
of sources. These sources include national, regional and community
foundations, individual donors, law firms, corporations, state
legislatures, United Way organizations, and county and city
agencies. In addition, those working within and on behalf of the
civil legal assistance community seek broader public support at the
national, state and local levels. Increased public support is
essential to ensure that policymakers prioritize civil legal
assistance for the poor as a cornerstone of the American justice
system.
In an effort to increase financial and public support,
organizations that provide civil legal assistance for the poor, and
supporters advocating on their behalf, need to develop an image that
portrays their work in a compelling way. To that end, the Project
for the Future of Equal Justice is undertaking an image-building
campaign to achieve three objectives:
- To educate targeted audiences about the public benefit and
importance of civil legal assistance to the poor,
- To increase the visibility of organizations that provide civil
legal assistance to the poor among the targeted audiences, and
- To overcome negative stereotypes about organizations that
provide civil legal assistance and the clients that they serve.
The impetus for the campaign comes from a variety of
sources. In the summer of 1998, Project staff convened discussions
at the ABA annual meeting to solicit input regarding how the Project
could most effectively focus its resource development work. The
Project held a similar session at the Fundraising Project Conference
sponsored by the Management Information Exchange. Both groups
strongly recommended that the Project launch an image-building
campaign as a key component of a national resource development
strategy.
Several months later, the Project convened its own Resource
Development Advisory Council. This broad-based group consists of
private bar leaders, corporate counsel, IOLTA directors, legal
services project directors and development directors, the President
of the Council on Foundations, and representatives from national
non-profit organizations, including Catholic Charities USA and the
Center for Community Change. The Advisory Council agreed with the
recommendation of the ABA group and the Fundraising Project
leadership, and it ranked an image-building campaign as the
Project’s number one priority in the resource development area.
The Project is approaching the campaign in a collaborative manner
by seeking input from a wide range of constituents and partners,
including the ABA, the Legal Services Corporation, the Brennan
Center for Justice, state bar groups, IOLTA leaders, and executive
directors and development directors working in local and state legal
services programs. As it moves forward with the campaign, the
Project is communicating with its constituents and partners at
national conferences, state and regional meetings and through
publications.
The Campaign Process
The campaign is a multi-staged
process. The Project has hired a communications research firm to
conduct Phase I, which includes a review of existing public opinion
data about Americans’ attitudes toward legal assistance for the
poor. The consultant is conducting a data base search of the Roper
Center for Public Opinion Research, and reviewing prior opinion
research conducted by the ABA, the Legal Services Corporation and
the American Civil Liberties Union. The consultant also is reviewing
messages and public opinion data developed in several states. The
Project has solicited state materials from IOLTA directors, state
bar executives and Access to Justice Coordinators. Finally, the
consultant is interviewing approximately twenty-five key individuals
working within the legal services community to assess the
community’s current self-image.
Phase II involves extensive research and message development.
This research will include focus groups, a national poll, individual
interviews with key audiences and additional focus groups to test
draft messages. Based on the research and message testing, the
consultant will develop a message strategy for improving the public
image of civil legal assistance for the poor. This strategy will
form the foundation for a communications plan to implement the
message to funding communities and targeted audiences in the general
public.
Phase III involves designing the communications plan to implement
the message strategy. It also will include campaign rollout through
the national and regional media, advertising or other means, and
developing materials for educating and influencing target audiences
at the grass roots level, including brochures, videos, talking
points and press kits. Finally, this phase will include
communications training sessions for constituents regarding how to
utilize the campaign materials to increase funding and public
support for civil legal assistance for the poor.
To date, the response to the image-building campaign by
constituents of the civil legal assistance community has been
overwhelmingly positive. The Project will provide updates on the
campaign as it proceeds through the three phases, and it will
continue to solicit your input and support. If you have questions,
comments or ideas regarding the campaign, please contact the
campaign coordinator at the following address:
Bonnie Allen, Resource Development Specialist, Project for the
Future of Equal Justice, NLADA 1625 K Street NW, Suite 800,
Washington, D.C. 20006, 202/452-0620 x 221, (fax) 202/872-1031,
e-mail: b.allen@nlada.org
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