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 Letters to the 106th Congress July 17, 2000
The Honorable Ted Stevens The Honorable Robert C. Byrd |
AMERICAN BAR
ASSOCIATION Governmental Affairs Office 740 Fifteenth Street, NW Washington, DC 20005 ph: 202-662-1760 fx: 202-662-1762 | |
| Subject: | FY 2001 Funding for the Legal Services Corporation and the Judiciary’s Defender Services Program | |
Dear Mr. Chairman and Senator Byrd: Soon your Committee will mark up the Commerce, Justice, State, and the Judiciary appropriations bill for FY 2001. The American Bar Association urges you and your colleagues to provide adequate funding for two essential programs that help guarantee equal access to justice: the Legal Services Corporation (LSC) and the Federal Judiciary's Defender Services Program. Earlier this year, the ABA submitted written testimony in support of both programs to the CJS Appropriations Subcommittee. The ABA requests that your Committee fund the LSC at no less than $340 million for FY 2001. The LSC, established twenty-five years ago during the Nixon Administration, is a vital component of our democratic system of government, providing access to the legal system for millions of poor Americans. LSC’s current appropriation of $305 million does not come close to meeting the national need for legal services. Even with the ever-increasing commitment of pro bono time by lawyers nationwide, surveys in most states show that only 20 percent of the legal needs of the poor are being met. Therefore, the ABA strongly endorses the Corporation's request for $340 million for FY 2001 as a modest step toward restoring the federal contribution to a more adequate level. We also urge the Committee to approve the Judiciary's request for funding to implement a $75 hourly rate for Criminal Justice Act (CJA) "panel" attorneys in FY 2001. Last year the Congress authorized a $5 per hour increase in panel attorney rates, resulting in rates of $50 out-of-court and $70 in-court in most judicial districts. While this adjustment is welcome, panel attorney pay, even with the $5 per hour adjustment, has effectively declined by more than 40% since a $60 in-court and $40 out-of-court rate was enacted in 1984. An increase to the requested amount of $75 per hour is critically needed now to help ensure that competent attorneys continue to take CJA cases and to avoid unnecessary delays and retrials based upon ineffective assistance of counsel challenges. We agree with the serious concerns expressed by Chief Justice William H. Rehnquist in The 1999 Year-End Report of the Federal Judiciary that "inadequate compensation for panel attorneys is seriously hampering the ability of courts to recruit and retain qualified panel attorneys to provide effective representation." As the Chief Justice noted, the $50/$70 rates do not meet many panel attorneys' overhead costs. This year’s House CJS appropriations bill, H.R. 4690, increases hourly compensation to $55 out-of-court and $75 in-court. Your support for adequate funding for both the Legal Services Corporation and the Judiciary's Criminal Justice Act panel attorney program would be most appreciated. Sincerely, Robert D. Evans cc: Members of the Appropriations Committee | ||