The reconstituted Massachusetts Access to Justice Commission reached its first anniversary on February 15, 2011. It’s been a very busy year. You can review some of the new Commission’s accomplishments in the brief summary at the end of this Update, or on the Commission’s website at www.massaccesstojustice.org.
The next meeting of the Commission is scheduled for Wednesday, March 23, at 3:00 in the conference room of the Social Law Library in the Adams Courthouse. The meeting is open to the public. Among the agenda topics in March will be discussions of plans to improve technology and websites used in the state’s justice community and an exploration of the Commission’s role in advancing pro bono services for low income families and individuals.
FUNDING NEWS:
State Funding: The Walk to the Hill on Tuesday, February 22, at 11:00. The annual gathering of lawyers to urge legislators to support the appropriation for the Massachusetts Legal Assistance Corporation takes place in the State House next Tuesday. It was postponed from February 2 due to snow. Speakers include the Commission’s co‐chair, Justice Ralph Gants. The Governor’s budget for FY 2012 keeps MLAC at $9.0 million, a very positive outcome in a year of budget cutting. Drop in on your legislative representatives and be back at your desk by 1:30. Read more: http://www.equaljusticecoalition.org/walk2011.html
Federal Funding: Immediate Action Requested. The Legal Services Corporation’s appropriation for FY 2011 (which began last October) is under attack. Last fall the Congress failed to pass the normal appropriation bills for the year, so the federal government is running on a massive Continuing Resolution. Some House Republicans have proposed cutting LSC’s portion of the Continuing Resolution by $70 million (from $420 million to $350 million). Since the grant years began January 1, the effect of such a cut would be magnified by the need to absorb it during just nine or ten months.
On Wednesday a more radical proposal, which would have eliminated LSC entirely, was voted down in a bipartisan vote, 259 to 171. But the $70 million cut will probably be closer, and may come this week. Supporters of LSC are urging everyone to contact their Congressmen and Senators and urge votes in support of LSC funding.
Eventually, Congress will turn to Fiscal Year 2012. The Obama administration has proposed funding LSC at $450 million for FY 2012, an increase of $30 million.
Other States: Many states face budget deficits deeper than Massachusetts’. Some of these states are nevertheless talking seriously about major increases in state funding for civil legal services. The Maryland Access to Justice Commission has issued a report calling for a right to counsel in civil cases; they estimate the cost at more than $100,000,000.
Jonathan Lippman, the Chief Judge of the New York Court of Appeals, has proposed increasing his court’s budget for civil legal aid by $100,000,000 over the next four years to assure that counsel is provided in cases involving basic human needs. Legal Aid programs in the Empire State currently spend about $200,000,000 per year. The Governor’s budget, however, does not include a comparable increase.
Also without a budget provision, the New York courts have published new procedures designed to ensure that homeowners facing foreclosure have the help of a lawyer. Chief Judge Lippman commented that loss of a home was so consequential that the ruling in Gideon v. Wainwright should be extended to cover foreclosures.
OTHER UPDATES
As the result of a collaboration between the Commission’s Working Group on Websites and Technology, the Law Libraries of the Trial Court and Massachusetts Law Reform Institute, the MLRI website devoted to providing legal information to self‐representing litigants, the MLRI website www.masslegalhelp.org now includes the option to “ask the librarian.” Someone who wants help understanding a topic just clicks on the link and opens an instant message window to one of the Trial Court’s librarians, who will guide the consumer to the desired information.
The Massachusetts Bar Association adopted a resolution on January 21 endorsing the expansion of medical‐legal partnerships in the Commonwealth. Among actions expected to follow the resolution is formation of a statewide pro bono panel to build pro bono capacity for MLP sites.
Access to Justice Headlines: The ABA’s Resource Center distributes email updates on Access to Justice developments across the country. The February edition, which includes three reports of activities in Massachusetts is attached for your information. If you would like to receive this publication directly, send a request to Robert.Echols@comcast.net.
The Legal Services Corporation has hired James Sandman to be its new President. A lawyer at Arnold and Porter for 30 years (managing partner 1995‐2005), Sandman most recently has been serving as general counsel and chief legal officer for the District of Columbia Public Schools. Sandman’s list of accomplishments includes many public service offices and a major commitment to enhancing pro bono services to the poor. For a full biographical sketch, see www.lsc.gov/press/pressrelease_detail_2011_T274_R0.php
Citing economic pressures, Citizens Bank has implemented a reduction of its IOLTA account interest rates despite requests from throughout the legal community to maintain their leadership rate at 1%. They did increase the new rates above their initial plan, and delay the effective date of the new rate, but the impact of the cut will be a significant drop in total IOLTA revenue, creating further economic pressures on the legal services programs that rely on IOLTA.