Civil Access to Justice Act of 2009 Introduced in U.S. Senate
A group of lawmakers led by Sen. Tom Harkin (D-IA) has introduced legislation to increase funding for the Legal Services Corp. (LSC) and to lift some restrictions on the kinds of cases LSC-funded attorneys can bring.
Press Release from Senator Harkin
Statement by ABA President H. Thomas Wells
Press Coverage
March 26, 2009
Senate measure improves access to
civil justice for low income americans
Restores
the principle of "Equal Justice Under Law"
WASHINGTON,
D.C. – A measure introduced in the U.S. Senate will expand and improve
vital civil legal aid in this country. Senators Tom Harkin (D-IA),
Edward Kennedy (D-MA), Patrick Leahy (D-VT), Barbara Mikulski (D-MD),
Ben Cardin (D-MD), John Kerry (D-MA), Dick Durbin (D-IL), Frank
Lautenberg (D-NJ), Claire McCaskill (D-MO) and Jeff Merkley (D-OR)
today introduced legislation to increase funding for the Legal Services
Corporation (LSC), lift many of the restrictions on LSC-funded
attorneys and improve corporate governance at LSC.
“As a
former legal services attorney, I know firsthand how crucial legal
assistance is to protecting the safety, security and health of
struggling families who have no place else to turn. Unfortunately,
limited resources and severe restrictions on LSC-funded attorneys
impede the ability of legal aid attorneys to provide the most
meaningful representation,” said Senator Harkin. “Everyone in this
country – regardless of income – deserves access to justice and quality
legal representation. This legislation restores the principle of equal
justice under law.”
“In these difficult times, effective legal
assistance for American families struggling to make ends meet is more
important than ever. This bill will help many more families obtain the
legal services they need when they can’t afford a lawyer themselves. It
will also help level the playing field by removing many of the unfair
restrictions in current law that prevent full and vigorous
representation by Legal Services Corporation attorneys. We all benefit
when the rule of law works for everyone,” said Senator Edward M.
Kennedy.
“I hope all Senators will give serious consideration
to reauthorizing the Legal Services Corporation and ending many of the
restrictions that have burdened the provision of legal services to so
many American citizens,” said Senator Leahy. “Lawyers across the
United States have dedicated their lives to helping the least fortunate
among us gain access to the courts that serve us all. These lawyers
play a critical role in ensuring that justice is carried out in a
manner consistent with the Constitution’s promise, and when justice is
served fairly, it benefits us all.”
“The Legal Services
Corporation was created to ensure all Americans have equal access to
justice under the law. Because of LSC, poor pregnant women being
battered by their husbands have had a lawyer to turn to. Homeowners
facing foreclosure have gotten assistance renegotiating their mortgage
terms – and staying in their homes. People with disabilities, the
elderly, and victims of natural disasters have had a place to turn for
legal aid,” Senator Mikulski said. “With the economic downturn, and
increased stress on struggling families, the services LSC provides are
needed now more than ever. I am committed to making sure LSC has the
funding it needs in the federal checkbook to meet its mission.”
“As the former chairman of the Maryland Legal Services Corporation, I
am committed to expanding access to legal services,” said Senator
Cardin, a member of the Senate Judiciary Committee. “Unfortunately
today, low-income Americans do not have access to justice. They can’t
afford to hire a lawyer or obtain legal assistance for serious
problems. This legislation takes a strong step forward to close this
justice gap by eliminating burdensome restrictions on LSC attorneys and
by providing adequate funding to LSC.”
“Every American deserves
access to quality legal representation regardless of their economic
status and the Legal Services Corporation (LSC) helps ensure they get
it,” said Senator Kerry. “This bill will give LSC the resources and
authority it needs to keep its doors open and provide the best service
possible to those in desperate need.”
“Equal justice under law
is a cornerstone of our democracy and for decades, LSC has played a
vital role in ensuring that low-income Americans are afforded this
basic right,” Senator Durbin said. “I’m pleased to join my colleagues
in supporting this legislation which will give LSC the tools and
resources necessary to protect all Americans under the law.”
“Everyone,
regardless of their financial situation, deserves access to quality
legal representation. One person turned away from legal assistance is
one person too many. This measure would help ensure families are
represented fairly and effectively in court,” said Senator Lautenberg.
“Ability
to seek justice through our court system should not be determined by
income. Americans, whether rich or poor, deserve legal representation,
and the Legal Services Corporation has made this possible for decades.
With this bill, we can improve this organization’s capacity to do good
work,” Senator McCaskill said.
“Inscribed over the Supreme
Court steps is one of the most fundamental American principles: Equal
Justice For All,” said Senator Merkley. “For all, not only for those
who have enough money to pay an attorney. As a result of the current
economic decline, we’ve seen the number of individuals requiring legal
assistance increase. This legislation will level the playing field for
Americans in need of legal assistance and help guarantee access to the
courts and to justice for all Americans.”
The federal
commitment to legal services is not as effective as it needs to be. In
1974, Congress established the Legal Services Corporation (LSC) – a
private, non-profit corporation funded by Congress – to fund civil
legal aid. LSC, however, has not been reauthorized since 1981, and
federal funding has been slashed since 1995 – from $415 million to $350
in FY’08, with only a recent increase to $390 million for FY’09.
Congress, moreover, has imposed severe restrictions on the use of both
federal as well as non-federal funds – impeding attorneys’ ability to
provide the most effective legal assistance.
The Civil Access to Justice Act of 2009 recommits the principle of “Equal Justice Under Law” in five main ways:
• Increases the authorized funding level for LSC to $750 million, which
is approximately the amount appropriated in 1981, adjusted for
inflation, which was the high-water mark for LSC funding. At the time,
this level was seen as sufficient to provide a minimum level of access
to legal aid in every county. Adjusted for inflation, this “minimum
access” level would need to be about $750 million today.
• Lifts
many of the restrictions currently placed on legal tools that
LSC-funded attorneys can use to represent their clients. The bill
lifts the prohibition on collecting attorneys’ fees, permits legal aid
attorneys to bring class-action suits grounded in existing law and
permits lobbying with non-federal funds. In the spirit of compromise,
the bill does maintain the prohibition on abortion related litigation
as well as many of the limits on whom LSC-funded programs can
represent, including undocumented immigrants (with limited exceptions
such as victims of domestic violence), prisoners challenging prison
conditions and people charged with illegal drug possession in public
housing eviction proceedings.
• Lifts all restrictions, except
those related to abortion litigation, on the use of non-federal funds.
Lifting these restrictions allows individual states, cities and donors
the ability to determine themselves how best to spend non-federal funds
to ensure access to the courts.
• Provides for better
governance at LSC. Recent GAO reports highlighted the need for better
corporate governance and oversight. A central feature of the bill is
provisions to improve corporate practices.
• Authorizes a grant
program from the Department of Education to expand law school clinics.
Not only are law students a significant resource for legal services,
but clinics are a bridge to careers in legal services and a
professional career involving pro bono for young lawyers.
The
bill is supported by, among others, the American Bar Association,
Brennan Center for Justice, National Legal Aid & Defender
Association, National Organization of Legal Service Workers and United
Auto Workers.
"The promise of America is justice for all. But millions of people are
denied justice because they don’t have access to the legal system.
That’s why we need a strong Legal Services Corporation.
LSC
funds local legal programs nationwide. Its mission, to provide lawyers
for people who can’t afford help with serious civil legal problems, is
more pressing than ever in today’s environment. The need has never been
greater — nor have the stakes. From Alabama to Arizona, from Hawaii to
New Jersey, the legal needs of the vast majority of people facing civil
legal problems ranging from eviction to domestic violence remain unmet.
Many personal financial problems are becoming legal crises and threaten
to further undermine our economy. Approximately 51 million Americans
qualify for LSC-funded assistance, including 18 million children. More
qualify every day.
Proper reauthorization of LSC is decades
overdue, and antiquated rules severely limit LSC’s efforts to help
people in need. We applaud Sen. Harkin for introducing thoughtful
legislation that will strengthen this important source of legal aid for
Americans in need."
National Law Journal: "Dem. senators introduce bill to increase Legal Services funding and lift restrictions on LSC attorneys"
The Blog of Legal Times: "Bill Would Boost Funding for Legal Aid to Poor"
Previously: Washington Post: "Unshackling Legal Aid"
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