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Efforts are underway in every state to develop a comprehensive, integrated state justice community aimed at maximizing the capacities of the civil justice system to meet the needs of low-income clients. Many of the initiatives directed toward the development and enhancement of these systems are currently driven by the state planning process instituted by LSC in 1995. This portion of the site provides information regarding key components of that process.

Further information regarding developments beyond the LSC process in the creation of state justice communities and specific information regarding planning developments in individual states is available on this Web site under SPAN and the Project for the Future of Equal Justice.

History
LSC's Role
Recent Developments
Ongoing Efforts

History

The current state planning process was initiated in 1995, by LSC President Alexander Forger in response to the severe funding cutbacks and large numbers of new, onerous restrictions placed upon LSC recipients by the 104th Congress. The terms of the process were outlined in Program Letter No. 1 issued on July 10, 1995. That directive stressed the need to approach planning from a state perspective, to involve a broad range of stakeholders, to look at consolidation of programs if appropriate, heighten the involvement of the private bar, maximize the use of technology, leverage other sources of funding and address a wide range of other activities. Most states began serious statewide planning efforts shortly thereafter pursuant to Program Letter No. 1.

NLADA and the Project Advisory Group (PAG), recognizing the significant threat to federal funding and the dramatic changes in programs affecting the poor at the national level, provided a series of recommendations to their members as part of these early planning processes to help guide planners in moving forward.

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LSC's Role

As planning progressed across the country, the new administration at LSC, led by now-former President John McKay, moved aggressively in pushing states to move forward in their planning efforts. In a series of Program Letters beginning in 1998, LSC required its grantees to organize and participate in broad-based state planning processes focused on seven specific areas:

  • enhancing client access and efficiency in delivering high quality legal assistance

  • using technology to expand access and enhance services

  • promoting client self-help and preventive legal education and advice

  • coordinating legal work and training staff

  • coordinating and collaborating with the private bar

  • developing additional resources to support legal services delivery

  • designing additional services delivery configuration that enhances client services

In December 2000, LSC issued Program Letter 2000-7 requiring states to answer a series of questions as a self-assessment of the progress of their individual planning processes. The responses were originally due on July 1, 2001, but the date was extended and the responses are now due to by September 15, 2001, unless LSC granted an extension of time. NLADA prepared a memorandum to states advising them regarding a number of the issues contained in Program Letter 2000-7.

While much progress has been achieved over the years, both in lessening the threat of federal funding elimination and in achieving many of the goals elucidated in the Program Letters, the process has not been an easy one in a number of states. The issue of merger and consolidation has preoccupied stakeholders involved in the process in some states and has proven very divisive at times. NLADA has regularly commented to LSC regarding recommendations about improving the process resulting from concerns raised by members and input from the Civil Policy Group and the NLADA Board.

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Recent Developments

The most recent round of service area decision, announced by LSC in April 2001, will dramatically redraw a number of service areas around the United States. More than 70 current LSC grantees in 15 states are facing reconfiguration for the 2002 grant year. Under the plans adopted by LSC, 42 of those programs would cease to exist as independent grantees in FY2002. LSC has informed several other states that reconfiguration of programs in those states must be completed in time to be implemented for the 2003 grant year.

NLADA's Civil Policy Group and Board have received a great deal of input from members about the recent LSC configuration decisions and the current state of the process and have developed responses reflecting those concerns. In addition, NLADA has devoted extraordinary resources to helping states and individual programs struggling with these issues. It will continue provide this extensive support into the future.

In response to concerns raised by NLADA and others regarding a lack of standards for LSC's configuration process and the lack of an opportunity for review of LSC's decisions on reconfiguration (see chronology of correspondence and articles related to these concerns), LSC has taken a number of actions. LSC has put off for one year the implementation of its reconfiguration decision in at least one state. On July 19, 2001, LSC issued Program Letter 01-04 Program Letter 01-4 that announced a new process for notice to Designated State Planning Bodies and review of LSC's preliminary decisions on reconfiguration. The LSC Board appointed a Task Force to review the LSC policies, standards and procedures for reconfiguration and to propose any revisions that the Task Force concluded were warranted. In response to an LSC staff request, NLADA submitted a memorandum to the Task Force that identified its concerns about current LSC reconfiguration policies and practices and suggested the adoption of specific standards and changes to current LSC processes. LSC wrote a lengthy response to the NLADA memorandum. The Task Force met in August and September 2001 and presented a report to the LSC Board at its September 7-8 meeting.

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Ongoing Efforts

States are facing enormous changes with little time and scarce resources to accomplish them. A number of grantees have serious concerns about the process used within their state and the apparent lack of standards guiding the reconfiguration decisions by LSC. Most states, however, are working extremely hard in trying to implement the changes in the way best designed to improve client service and result in the least possible disruption in services. They are also addressing ways to ensure that opportunities for women and minority leaders within the community remain in the restructured organizations.

If NLADA can be of assistance in your state, or to provide input into the LSC state planning process to NLADA, contact Don Saunders, Director of Civil Legal Services at d.saunders@nlada.org.

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