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A (Not Brief Enough) History of Civil Legal Assistance for the Poor in America

A (Not Brief Enough) History of Civil Legal Assistance for the Poor in America. December 2013 Bruce Perrone Legal Aid of West Virginia. In the 1800’s - - Immigrant support systems. 1876 – First formally organized civil legal assistance program in America.

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A (Not Brief Enough) History of Civil Legal Assistance for the Poor in America

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  1. A (Not Brief Enough) History of Civil Legal Assistance for the Poor in America December 2013 Bruce Perrone Legal Aid of West Virginia

  2. In the 1800’s - -Immigrant support systems

  3. 1876 – First formally organized civil legal assistance program in America The “German Immigrants Society” predecessor to the Legal Aid Society of New York Consider the politics of the time – the 1876 disputed presidential election – decided in the House - that essentially ended post-Civil War Reconstruction.

  4. Ohio & Michigan • 1905 – Legal Aid Society of Cleveland • “5th oldest in the world” • 1909 – Detroit Bar Association: committee to provide free civil legal services to the city’s poor

  5. 1911 – National Alliance of Legal Aid Societies (predecessor to NLADA) 1919 – Publication of “Justice and the Poor” by Reginald Heber Smith Director, Boston Legal Aid Society

  6. 1920 – ABA created the Standing Committee on Legal Aid, now called the Standing Committee on Legal Aid and Indigent Defendants (SCLAID) Between 1920 and 1930 some 30 new legal aid programs were formed

  7. By the late-1950s, every major city in the country had a legal aid program Typically a “charity” volunteer Lawyer concept, primarily providing advice and guidance. Little direct representation in disputed cases. 1952 – founding of first legal aid program WV. What later became Legal Aid Society of Charleston

  8. Early 1960’s: The Kennedy Years Not yet reached a Supreme Court decision establishing a right to counsel for criminal defendants. Much less civil legal assistance

  9. Private foundations, especially Ford, began to fund legal services demonstration projects as part of multi-service agencies. Influenced by law reform efforts of organizations such as NAACP Legal Defense Fund, and the ACLU Examples: Mobilization for Youth, in New York; Action for Boston Community Development; Legal Assistance Association in New Haven, CT; United Planning Organization, Washington, DC

  10. 1962-1963 The Cahns’ article provided a cohesive conceptual framework. They argued that neighborhood offices and lawyers were necessary to provide a vehicle for poor residents in local communities to influence anti-poverty policies and the agencies responsible for distributing benefits. Jean & Edgar Cahn – Community Progress Inc., in New Haven, CT “A War on Poverty: A Civilian Perspective.” Article for Yale Law Review by the Cahns.

  11. Ford Foundation Concept:Multi-service social service agencies Five Major Elements Concept of a “client community” to be served Clients make decisions on types of poverty solutions pursued Reform of harmful law as an explicit goal Respond to “need,” not just the “demand” that makes it to the door Full range of advocacy: court, administrative agency, appeals, lobbying, policy advocacy, law reform

  12. 1964-1968: OEO and the “War on Poverty” 1963 Civil Rights March on Washington Sargent Shriver, first director of the Office of Economic Opportunity, the central agency in President Lyndon Johnson’s “War on Poverty.” Shriver included civil legal assistance for funding by OEO, added by Congress in in 1966 & 1967. The Cahn article circulates in the Johnson Administration

  13. OEO Adopted the Ford Model Specialized training for legal aid lawyers Clearinghouse Review, for nation-wide circulation of resource materials, pleadings, briefs, research Litigation

  14. April 1968 ML King Assassination November 1968 Nixon - Agnew elected And it began to work…. By the late 1960s, US Supreme Court cases being brought, and won. Advocacy in federal, state and Local administrative agencies April 1968 Riots in every major city in America Policy issues – development and lobbying But …inevitable political pushback and resistance August 1968 Chicago Democratic convention June 1968 RFK assassination

  15. 1970 – 1971: OEO Tested In The Nixon Administration 1970 – California Gov. Ronald Reagan vetoed OEO funding for California Rural Legal Assistance. Lewis Uhler, former John Birch Society member, appointed by Reagan as state administrator of OEO funding, presented list of alleged abuses by CRLA OEO Director Donald Rumsfeld appointed a commission of state supreme court chief justices to investigate the alleged abuses OEO Director Rumsfeld, Assistant Dick Cheney

  16. 1971 Wilkinson Commission 1971 John Kerry, Vietnam Veterans Against the War 1971 – ABA recommends a more independent status for Legal Assistance, to remove from direct Executive Branch control 1971 – SCLC’s “Poor People’s March On Washington” The Commission, led by Robert Wilkinson of Maine, found that none of Uhler’s claims of abuses were supported by the evidence. Reagan’s veto was then overriden.

  17. 1973 – 1974:The LSC ActAugust 1974 The LSC Act was the last Legislation signed by Richard Nixon before his resignation 1973 protests of Cambodian bombing Jan 1973 LBJ death; Roe v. Wade decision 1973 Arab Oil Embargo – Gasoline shortages August 9, 1974

  18. LSC Act components • Independent, non-partisan board (11 members, no more than 6 of one party) • Nominated by President, confirmed by Senate • Separate budget approved by Congress • Largely carried over the Ford/OEO elements • 1975 funding: $ 71.5 million (equivalent to $315 in 2013 dollars)

  19. Later 1970s - Implementation Roll out of LSC funding to cover every county in the US. 1978 Middle East Peace Plan • Creation of many new programs • to cover large areas, mostly rural, • previously not served. 1978 Hilary Clinton chair of LSC Board

  20. Early 1980s – The Reagan Administration Budget Director David Stockman (former Michigan Congressman) 1981 First Reagan budget proposes major reductions in LSC funding. 1982 Congress enacts 25% reduction. From $321 million in FY 1981 To $241 million for FY 1982 1982 Unemployment 10.8% Ed Meese recycles the 1970 Uhler claims of abuses by LSC programs - Major reduction of LSC funding for National & State Support centers - Founding of CORT - Drop from 1406 local offices to 1121

  21. The 1980s - Reagan recess appointees to LSC Board; Senate refused to confirm, as most were overtly hostile to LSC. (E.g., hired consultant to write opinion that LSC Act was unconstitutional!) - PAI requirement equal to 12.5% of LSC funding - Highly adversarial “monitoring” by LSC of local programs - Congressional oversight sometimes acted to block actions of the LSC Board

  22. Late Eighties – Early Nineties Bush Administration turned away from overt hostility to LSC Funding trends upward: to $328 Million FY 1991, and $350 million for FY 1992 “Monitoring” becomes more reasonable

  23. 1992 – 1994 Early Clinton Years Congress increased funding to $400 million Clinton appointees to LSC Board were uniformly supportive of LSC 1994 - New system for compliance monitoring - New system for peer review of programs to evaluate and improve program quality

  24. 1994-1995 Contract With America "It's a sin to help people who ought to be helping themselves,” - John Kasich, House budget chairman Among the House Budget Committee proposals: - Cut back rental assistance to the poor; - Cut back programs for subsidized lunches for poor school children; - Dismantle the Legal Services Corporation 1995 House of Representatives adopts 3 year phase-out of LSC funding, Beginning with 33% cut for FY 1996. First year accepted by Senate.

  25. 1996 – 1998 Major Restrictions Congressional compromise: Continued funding in exchange for major restrictions 1996 Federal government shutdown, Forced by House Republican majority No participation in class actions No receipt of attorney fee awards Legislative advocacy limited Restrictions apply to all sources of funds, not just LSC Cannot challenge state or federal “welfare reform” New “competitive grant” system of funding Public reporting of cases filed by LSC funded entities Client “Statement of Facts” required before filing suit

  26. Late 1990sRevamping the Delivery System Non-LSC funded “unrestricted entities” in every state Expanded IOLTA funding Broader state and local funding Strengthened private fundraising Expanded pro bono efforts Better utilization of new technology

  27. 2000’s “State Planning” – merging and “rationalizing” programs throughout the country 2003 – US Supreme Court Upholds IOLTA Accounts “TIG” Technology Improvement Grants from LSC LSC Technology “baseline” criteria for all programs ABA revised “Standards for Providers of Civil Legal Assistance for the Poor” and “Principles of a State System for Delivery Of Civil Legal Aid”

  28. 2000’s Iraq War - 2003 Expanding “partnerships” with other entities, such as Domestic Violence networks Continued diversification of funding base 2008-09 Monthly job losses 2004 Abu Ghraib prisoner abuse; Worldwide US torture issues 2004 Bush – Kerry election

  29. 2008 - 2010 March 2010 Obamacare 2009 Stimulus Funding 2009 Protecting Tenants at Foreclosure Act 2009 Auto industry bailout

  30. Oct 1, 2013 Government Shutdown House Republicans – “A Pledge to America” June 2012 ACA Upheld; Expansion of Medicaid optional 2010 to now Jan 2011 Republican Speaker of the House April 2011 – Near shutdown

  31. Trajectory of federal LSC funding

  32. Trajectory of federal LSC funding

  33. Trajectory of federal LSC funding

  34. Trajectory of federal LSC funding

  35. Strengths of Where We Are Today • Multiple Sources of Funding • Not solely dependent on LSC source • Partnerships with other organizations • Fundraising, and the political strength that comes from that work • Working with unrestricted entities • General reputation for solid, high quality, legal work • Frequent support from local bars, as opposed to frequent antagonism of the past

  36. The Work We Do Today • Look at recent “First Friday” topics: • Impact of the DOMA decision on legal services practice • Implementing the Affordable Care Act • Fair Housing • Veteran’s Issues and Protections • Special Education rights of children with disabilities • Violence Against Women Act protections against DV and for abused immigrants • Predatory Lending

  37. The Work We Do Today • And our “bread & butter” essentials: • Protecting victims of domestic violence • Keeping people in safe homes • Unemployment benefits • Food stamps • TANF support • Medicaid and other health care • Consumer protection • Bankruptcy “fresh starts”

  38. Resources • “Securing Equal Justice for All: A Brief History of Civil Legal Assistance in the United States.” Alan W. Houseman & Linda E. Perle, Center for Law and Social Policy. • http://www.clasp.org/resources-and-publications/publication-1/0158.pdf • “Poverty Warriors: A Historical perspective on the Mission of Legal Services.” Gary F. Smith. 45 Clearinghouse Review 34 (May=-June 2011). • http://povertylaw.org/node/2466 • “The Future of Civil Legal Aid: Initial Thoughts.” Alan W. Houseman. 13 U.Pa.J.L.&Soc.Change 265 (2009). • https://www.law.upenn.edu/journals/jlasc/articles/volume13/issue3/Houseman13U.Pa.J.L.&Soc.Change265(2009).pdf

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