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 Letters to the 106th Congress September 25, 2000
The Honorable Judd Gregg The Honorable Ernest F. Hollings |
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, the Judiciary's Defender Services Program, and Judicial Compensation | ||
Dear Mr. Chairman and Senator Hollings: As the 106th Congress works to finalize H.R. 4690, the FY 2001 appropriations bill for Commerce, Justice, State, the Judiciary and Related Agencies, the American Bar Association urges you and your colleagues to provide adequate funding for three programs of vital importance to the justice system: the Legal Services Corporation (LSC), the Federal Judiciary's Defender Services Program, and judicial compensation. Legal Services CorporationThe ABA requests that Congress 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. The House of Representatives approved $275 million for LSC for FY 2001, $25 million more than in previous years. At the same time, we understand that the Senate Appropriations Committee has so far only provided $300 million due to the inadequate allocation provided for the entire CJS bill. LSC's current appropriation of $305 million does not come close to meeting the national need for legal services. Surveys in most states show that despite the combined efforts of legal aid programs and the private bar, only 20 percent of the legal needs of the poor are being met. Therefore, the ABA strongly endorses the Administration's request for $340 million for FY 2001 as a modest step toward restoring the federal contribution to a more adequate level. As you make final funding decisions for H.R. 4690, we request that you and your colleagues work toward increasing LSC's FY 2001 appropriation to $340 million. Defender Services ProgramWe also urge Congress to approve the Judiciary's request for funding to implement a $75 hourly rate for "panel" attorneys who represent indigent defendants under the Criminal Justice Act ("CJA".) The Judicial Conference has reported that inadequate pay rates for panel attorneys have seriously hindered the ability of the federal courts to recruit experienced and competent counsel to take appointments. A modest increase to a flat $75 per hour from the current $50 out-of-court and $70 in-court is essential to ensure adequate representation for those accused of crime and to maintain the integrity of our criminal justice system. The House version of H.R. 4690 increases hourly compensation to $55 out-of-court and $75 in-court. The Senate Appropriations Committee-passed bill does not include a similar provision. We understand, however, that this provision is not included in the FY 2001 Senate bill due to the inadequate allocation provided for the CJS bill. Last year, the Senate recommended, but Congress did not pass, a $10 per hour increase. When you meet with your House colleagues to finalize H.R. 4690, we urge you to approve the Judicial Conference's recommendation of a flat $75 per hour rate. Judicial CompensationThe issue of adequate compensation for top-level federal officials is always a sensitive one. Adverse public reaction has produced a destructive pattern of ill-advised pay freezes over the last several years. We are therefore pleased that vigorous efforts are underway to assure that Members of Congress, Senior Executive Branch officials and federal judges receive a cost-of-living adjustment in FY 2001. To this end, we urge you to retain the language of Section 304, as approved by the Senate Appropriations Committee, which, pursuant to section 140 of Public Law 97-92, affirmatively authorizes a cost-of-living adjustment for justices and judges. If passed, this would be only the third COLA for judges since 1993, a situation which has resulted in a 13% erosion in the actual purchasing power of their salaries. We would also like to express serious reservation over Section 305 of the Senate Committee's bill, repealing the ban on honoraria for the judiciary. The ban was enacted as part of the Ethics In Government Act of 1978 and applied to all three branches of government. This repeal provision has not been subjected to rigorous scrutiny; and the possibility of its producing unintended consequences, such as the erosion of public confidence in the integrity of the courts, has not been examined. We urge you to drop this provision to allow opportunity for further study. Your support for adequate funding for the Legal Services Corporation, the Judiciary's Criminal Justice Act panel attorney program, and judicial compensation would be most appreciated. Sincerely, Robert D. Evans
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