ACCESS TO JUSTICE COMMISSION MEETINGS
The next meeting of the Access to Justice Commission has been rescheduled to Thursday, October 2, 2014 at 3:00. The meeting will be at the Boston Bar Association, 16 Beacon Street, Boston. Please note this location as it is not our usual meeting place. Among the topics likely to be discussed: planning for a next Commission (the current Commission sunsets in February), continued exploration of methods for assuring that self-representing litigants are not taken advantage of in settlement agreements, and reports on the campaigns to increase legal aid claims for attorneys’ fees and to expand the Housing Court.
The remaining dates set aside for Commission meetings are Thursday, December 4, Thursday, January 22 and Thursday, February 26. Each of these meetings will be held in the Social Law Library at 3:00 p.m.
FUNDING NEWS: TWO STEPS FORWARD
The Governor has signed the MLAC appropriation for the fiscal year beginning July 1. The $15 million appropriation is an increase of $2 million over FY 2014, which will provide a crucial boost to MLAC grantees whose reserves have dwindled and staffs have been cut over the past six years.
The Congress is about to adjourn until September without completing the appropriations bill in which LSC is included. With mid-term elections looming and no spirit of cooperation in sight, the likelihood of funding by continuing resolution continues to be strong. The LSC appropriation, in that scenario, will be decided in last minute negotiations.
Another mortgage practices litigation, this one involving Citigroup, has been settled by the Department of Justice and the Attorneys General of five states, including Massachusetts. A grand total of $7 billion is involved. Of that total, $2.5 billion is allocated to consumer relief, at least $15 million of which is to go to state-based IOLTA programs that fund legal aid organizations. Citigroup gets to decide which IOLTA programs receive the funds.
Another part of the settlement goes to the five states to conclude investigations they had pending;
the Massachusetts’ litigation was settled for $45.7 million. These funds will go to the Attorney General’s office. In similar cases in the past, portions of such funds have been used to fund legal aid lawyers to handle foreclosures and pilot projects exploring the effects of a civil right to counsel. Whether and how much of these new funds will be used to support legal aid work has yet to be determined..
WALK FOR JUSTICE AUTHOR WRITES MORE
In the last Update we noted that a “Walk for Justice” map featuring important Boston sights with access to justice histories had been prepared by Rosie’s Place and the Commission. (You can download the map and descriptions of the sights at www.massa2j.org.) One of the contributors to the descriptions was Barbara J. Berenson, who works for the SJC. Her book, “Boston and the Civil War: Hub of the Second Revolution,” was published in June by History Press.
MASSACHUSETTS EQUAL JUSTICE FOUNDATION INCORPORATES; WILL SEEK PRIVATE DONATIONS
For the past two years, the Revenue Enhancement Committee (REC) of the Access to Justice Commission has been developing the idea that legal aid providers should be supported by private philanthropy, in much the same way as museums, symphonies and hospitals. After all, justice is everyone’s business. Assuring equal justice for all is a fundamental commitment of our union, pledged to produce “justice for all.”
During the winter, with a grant from an ABA program to enhance the work of access to justice commissions and funds provided by the Public Welfare Foundation, the REC conducted a study of the feasibility of mounting a campaign for support of legal aid by philanthropists. The resulting report is available on the Commission’s website, www.massa2j.org. In short, the report recommended undertaking such a fund raising effort. The effort would be statewide and independent of the Commission.
Now the Massachusetts Equal Justice Fund (MEJF) has been incorporated, with Dave Rosenberg as its President, and it is beginning to design an appeal to potential donors for funds to support the provision of high quality, innovative and efficient legal services. The consultant who conducted the study has been retained to help launch the campaign.
LAWYERS CLEARINGHOUSE SUPPORTS ACCESS TO JUSTICE FELLOWS PROGRAM
The Access to Justice Fellows Program links senior lawyers with innovative projects in legal aid provider programs. It was created two years ago by the creativity and hard work of Commissioner Susan Finegan and attorney Martha Koster, both volunteers. In the long run the Program needs administrative staff support. Now, for at least a pilot year, the Lawyers Clearinghouse has stepped up and is providing a half-time staff position for the third year of the Program.
REMEMBERING TONY WINSOR
Susan Anderson, through the MBA’s MyBarAccess, draws attention to yesterday’s “Remembrance Project” on WBUR, which was an appreciation of Mass Law Reform’s Tony Winsor. http://www.wbur.org/2014/07/29/the-remembrance-project-tony-winsor
CANADIAN ACCESS TO JUSTICE PLAN: COMPREHENSIVE, CONCISE, COMPELLING
We share a lot more than a border and some professional sports leagues with Canada. It turns out access to justice issues are the same there as here. Last winter, a committee appointed by the Canadian Supreme Court issued a comprehensive examination of the national access to justice landscape and made some clear recommendations about what to do. Unfortunately, it puts off to local creativity the answers to such difficult questions as how to assure counsel for those least able to fend for themselves, who manages the triage system (and what is the triage system), and the role of civil legal aid in the future. Nevertheless, it is a very interesting read.
http://www.cfcj-fcjc.org/sites/default/files/docs/2013/AC_Report_English_Final.pdf