Legal services

  • July 26, 2011

    by Nicole Flatow

    The Senate unanimously confirmed two federal district court nominees today, three-and-a-half months after they were confirmed by the Senate Judiciary Committee.

    In past years, these nominees would have been confirmed the same week they were unanimously approved by the Judiciary Committee, Sen. Patrick Leahy said on the Senate floor. “For some reason, my friends on the other side think it should be different with a Democratic President than it was for a Republican President, or for that matter, all past Presidents.”

    Although the Senate made some limited progress today in confirming Paul A. Engelmayer to the U.S. District Court for the Southern District of New York and Ramona Villagomez Manglona to the District Court for the Mariana Islands, “these needless delays perpetuate the judicial vacancy crisis that Chief Justice Roberts, a Republican appointee, wrote of last December and that the President, the Attorney General, bar associations and chief judges around the country have urged us to join together to end,” Leahy said.

    Now another chief judge has joined the plea to the Senate to confirm judges.

     “Unfilled positions in our Court present an undue hardship on the citizens residing in the Southern District of Florida, particularly those with cases pending in the affected division of the Court,” U.S. District Court for the Southern District of Florida Chief Judge Federico A. Moreno wrote in letters to Sens. Mitch McConnell and Harry Reid.

    Moreno called on the senators to “expedite the Senate’s confirmation” of two nominees to the Southern District of Florida, noting that the three judicial vacancies in that district have created a “judicial shortage” that is “becoming acute.” Both nominees, Kathy Williams and Bob Scola, were unanimously approved by the Senate Judiciary Committee.

    As Leahy notes, many other judges and legal leaders have decried the judicial vacancy crisis. But in spite of this outcry, there are now as many current and future vacancies as there were at the beginning of 2011, when senators came to a “gentleman’s agreement” to end obstruction of judicial nominations. As Jonathan Bernstein observed in The Washington Post recently, “It appears … that the deal has now broken down.”

    Leahy said this week that the 25 remaining nominees who are ripe for a final vote, most of whom had no opposition from the Judiciary Committee, “could be disposed of within an hour.” With less than two weeks before the Senate is scheduled to recess, and election season fast approaching, the question is, will the Senate answer the plea of Judge Moreno and others to fill these long-vacant seats now?

    To learn more about the judicial vacancy crisis and follow developments, visit JudicialNominations.org.

  • July 21, 2011
    BookTalk
    Negotiating Justice
    Progressive Lawyering, Low-Income Clients, and the Quest for Social Change
    By: 
    Corey Shdaimah

    By Corey Shdaimah, a professor at the University of Maryland School of Social Work, and academic coordinator of the University of Maryland’s MSW/JD dual degree program.


    In the flurry of budget discussions and funding cuts, money to the Legal Services Corporation is again on the chopping block, estimated to result in turning away 235,000 people across the country. This comes when estimates already show that for each eligible client served, another is turned away from LSC-funded programs and at least 80% of civil legal needs go unmet. Legal services for low-income clients are no luxury; they are often necessary to ensure basic survival. Funding cuts such as these always come at a time when such services are most needed. If we can shore up corporations and financial institutions, why can’t we shore up people, communities, and their faith in our legal system? In the U.S., access to justice without lawyers is largely a hollow promise.

  • July 14, 2011

    As recently noted here, the House Appropriations Committee is pushing a plan to seriously slash the funding of the Legal Services Corporation (LSC), which is the nation’s largest provider of civil legal services low-income people. The House’s proposed 26 percent cut would drop the agency’s funding to its lowest level since 1999 during an ongoing economic slump that has only created a greater need for the services.

    Daily Kos’ Adam Bonin highlights that the proposed slashing plan would compound an already dire siutation, noting that the wobbly finacial markets are already harming another source of legal services funding. He says the “other key funding sources for legal services for the poor,” called “IOLTA – interest on lawyers’ trust accounts in which client funds (such as settlements) are held – and with interest rates dropping, IOLTA funding has fallen as well.”

    Bonin, an attorney in Philadelphia and  former ACS Lawyer Chapter leader, also notes LSC’s statement on the proposal. LSC President James J. Sandman said, “The proposed cut would prove to be especially damaging to low-income persons whose health and safety are at risk – the elderly, the victims of domestic violence, the disabled, children, veterans, and others – by denying them access to justice.”

    During a recent event hosted by ACS and the Center for American Progress examining, in part the growing need for legal services, ACS Executive Director Caroline Fredrickson noted that even at the current legal aid services funding rates, more than 80 percent of low-income Americans have no access to legal assistance.

    “Sadly this crisis has been made only worse by the unemployment rate in this country and foreclosure problem,” Fredrickson said. “And at $284 per hour, which is the national average billing rate for attorneys, it is no surprise that many are priced out of access to justice.”

    Bonin urges his readers to reach out to lawmakers in Congress to counter the proposed cut. “Whatever else needs cutting, Legal Services Corporation funding should not be cut,” he says.

  • July 11, 2011

    ACS has been tapped to partner with GreatNonprofits.org for its Social Justice Campaign – an effort to “identify top-rated nonprofits working on Social Justice and Human Rights Initiatives around the world.” The campaign runs through the end of July, and ACS will be featured in GreatNonprofits.org’s marketing materials. Moreover, ACS has the opportunity to be selected for the “Top-Rated Social Justice Nonprofits List” if ACS garners enough positive reviews.

    GreatNonprofits, founded in 2007, has become a leading go-to-source of reviews and ratings of U.S. nonprofit groups. The service allows donors, volunteers and others to quickly access reviews about nonprofits and provide feedback to the organizations. Submit a review of ACS here and encourage others to do the same. 

  • July 8, 2011

    Civil legal aid for the indigent is on the congressional chopping block, with the House Appropriations Committee's proposing a 26 percent cut to the Legal Services Corporation, a decrease that would bring the agency’s funding to its lowest level since 1999, The National Law Journal reports.

    John Constance, LSC's director of government relations and public affairs, estimates that such cuts would require programs to turn away some 235,000 people.

    "Today's cuts will decimate the operations of the local legal aid providers that normally step in to help,” said American Bar Association President Stephen Zack in a statement.

    During a recent panel discussion on closing the justice gap, American Constitution Society Executive Director Caroline Fredrickson pointed out that, even at current funding rates, more than 80 percent of low-income Americans have no access to legal assistance.

    “Sadly this crisis has been made only worse by the unemployment rate in this country and the foreclosure problem,” she said. “And at $284 per hour, which is the national average billing rate for attorneys, it is no surprise that many are priced out of access to justice.”