Suggested List of Priorities for LSC Recipients
Adopted by the Board of Directors of the Legal Services Corporation
May 20, 1996
SUMMARY: This notice sets out a suggested list of
priorities adopted by the Legal Services Corporation's ("LSC" or
"Corporation") Board of Directors on May 20, 1996, pursuant to a
Fiscal Year ("FY") 1996 appropriations act requirement. The list is
intended to be considered by LSC recipients when setting their own priorities
for the provision of legal assistance.
FOR FURTHER INFORMATION CONTACT: Victor M. Fortuno,
General Counsel, (202) 336-8810.
SUPPLEMENTARY INFORMATION: Public Law 104-134, the
omnibus legislation that includes the FY 1996 appropriation for the Legal
Services Corporation, contains two modifications of current law relating to
grantees' allocation of priorities in the use of resources. The governing
boards of grantees are directed to set specific priorities in writing,
pursuant to the Legal Services Corporation Act and the Corporation's
priority-setting regulation, of the types of matters and cases to which they
will devote time and resources, and their staffs must sign written agreements
not to undertake cases or matters other than in accordance with these specific
priorities except in emergency situations [Section 504 (a)(9)]. The
Corporation itself is directed to promulgate a suggested list of priorities
that local boards of directors may use in setting their local priorities
[Section 504 (c)]. Accordingly, the following suggested list of priorities has
been adopted by the Board at its meeting on May 20, 1996.
A one-third reduction in funding for the Legal Services
Corporation for FY 1996 requires that the Corporation's grantees exercise the
utmost care in making the difficult and, at times, painful decisions as to the
types of cases they can accept and the nature of the service they will
provide. While the ultimate decision in these matters rests with the local
program -- which must develop its own priorities within the context of the
circumstances in its own community, in consultation with the client community,
subject to applicable legislative and regulatory restrictions -- the
Corporation expects each program to respond to the most compelling and
critical needs of its eligible clients and to leverage its resources in order
to compensate to the greatest degree possible for the inevitable reduction in
client service resulting from this cut in funding. In meeting this crisis,
each program must continue to maintain a high level of professionalism and
quality in the delivery of legal services and in the observance of ethical
standards.
To this end, and in response to the direction of Congress, the
Corporation's Board of Directors has identified the following suggested
priorities to help guide local legal services programs as they strive to
continue to provide high quality, effective legal services to members of their
communities. It has formulated this response in the context of the existing
pattern of individual cases being handled nationwide, the largest category of
which involves family matters, in which the client base is disproportionately
comprised of women and children. Hence, a principal focus by the Board of
Directors is in the context of the family. Recognition is given, however, to
other critical case needs comprising the everyday problems encountered by our
eligible clients.
Suggested List of Priorities
Support for Families: The cohesiveness of the family is
not only a time-honored value fundamental to our American way of life, but
also the undergirding of the stability of our American society. Programs
should take cognizance of the vulnerability of American families to problems
requiring legal assistance for their resolution. The Corporation suggests that
programs place a high priority on those cases in which legal assistance
supports the integrity, safety, and well-being of the family.
Preserving the Home: Preservation of the home is
essential to the well-being of every person. The loss of housing through
uninhabitability, eviction, or foreclosure can precipitate exposure to
physical and medical risks in crowded shelters or the streets, disruption of
the schooling of young children, loss of employment, and the splintering of
families whose members may be dispersed in seeking alternate shelter. Enabling
families to avoid loss of their home should be an important priority for
grantees, as should assistance to those families or individuals who have
become homeless.
Of equal importance is the assurance that families can be safe
and secure in their places of residence. This is of particular concern in
public housing complexes where crime and violent behavior put many families at
risk. Legal assistance to tenant associations or other groups of eligible
clients seeking to ameliorate the condition of a dangerous environment
contributes to family well-being and should be a priority where appropriate.
The Corporation also encourages grantees to give a high priority to
representation of individual families threatened by unsafe or unhealthy
conditions in both public and private rental housing.
Help may also be needed when physical harm to family living
quarters is caused by natural disaster, such as flood, earthquake, fire, and
hurricane. Programs are urged to respond to the needs of clients in such
emergencies and, when appropriate, to cooperate in joint endeavors with the
Federal Emergency Management Agency. Funds may be available through special
appropriations, which programs can use to provide emergency services to
clients in matters such as relocation, repair of housing, filing for benefits,
and dealing with insurance, contractors, and creditors.
Maintaining Economic Stability: Families must be
economically viable in order to survive. The Corporation encourages programs
to give high priority to cases in which the family's source of income is at
risk.
For the working poor, those seeking to avoid dependency and
find a route out of poverty, the loss of a job may trigger a plummet into
abject poverty, possibly leading to the loss of housing and access to health
care, and even to the breakup of the family. The prevention of unemployment
may obviate a sequence of far greater legal activity, and should therefore be
a high priority for legal services programs. In addition to matters directly
involving employment law, other cases may fall into the category of
potentially preventing joblessness, for example, consumer cases relating to
the tools of a worker's trade or to an automobile which is needed to transport
the worker to the site of the job. A category of the working poor whose legal
needs should not be overlooked in setting priorities are family farmers, who
are especially vulnerable to the vagaries of weather and markets.
The Corporation also suggests that programs accord a high
priority to cases involving parental responsibility for the support of their
children. In light of recent legislative attention to this issue, the rate of
success in obtaining child support from absent parents makes such
representation an ever more efficient and cost-effective use of legal time.
For workers who have lost their jobs or become disabled or
those who are otherwise unable to obtain employment, representation in cases
involving eligibility for benefits to which they have a claim may be the only
way to preserve a source of income for the family.
Other legal matters may threaten basic economic stability and
therefore merit high priority. For example, a family entrapped by a fraudulent
scheme may be forced into bankruptcy if it has no recourse to legal
assistance.
Safety, Stability and Health: Domestic violence
threatens the security and stability of families at all economic levels. The
physical abuse of women, frequently mothers of children in the household, as
well as neglect and harm to children themselves, calls for heightened
awareness and a fast response by, the justice system. The intervention of
legal service lawyers in obtaining judicial remedies, such as orders of
protection, can be life-saving. Every program should endeavor to offer that
vital assistance.
Representation in legal separation or divorce may also be
essential to sustain what remains of a viable family structure, especially as
it relates to regularization or clarification of the custody of children.
Programs should also consider representation where dissolution of the marital
relationship is the result of abandonment or other compelling circumstances,
applying their own assessment of priorities to take cognizance of the
exigencies of each situation.
Representation in cases involving access to health care may
also be essential to preserve the security and stability of families, and
should be accorded an appropriate priority.
Populations with Special Vulnerabilities: While the
Corporation encourages programs to focus prime attention on providing support
for families, this cannot and should not be to the exclusion of assistance to
individuals living outside a family context. This is particularly true with
respect to the growing numbers of elderly individuals in our population who
are among the most vulnerable, particularly as their capacity to make
independent and informed judgments diminishes. In addition to assurance of
access to basic needs of life -- food, shelter and medical care -- they often
require remedies against the unscrupulous who take unfair advantage in their
dealings with them.
Programs should also pay particular attention to other
similarly vulnerable individuals within their service areas who, in addition
to being in a marginal economic status, are less capable of fending for
themselves by reason of difference in language, cultural and educational
backgrounds, disability, or other special problems of access to legal
assistance or special legal needs.
The Delivery of Legal Services: Apart from the focus on
substantive issues or client populations, the Corporation expects its grantees
to give attention to matters relating to the nature or method of delivery of
legal services. The sharp reduction in funding will necessarily cause programs
to turn away an increasing number of eligible clients needing assistance.
Before the FY 1996 reduction, it had been estimated that only a fraction of
the legal needs of low-income clients were being met, perhaps as little as
twenty percent. In some of our programs, the turn-away rate of those who
sought assistance was over fifty percent. The Corporation understands that a
one-third budgetary cut may well, in a given program, translate into a
reduction in service capability greater than one-third, as staff and fixed
commitments do not yield to simple proportionate reductions. It is therefore
essential that each program consider methods by which it can stretch its
resources in an effort to compensate in part for the substantial loss in
capacity.
To this end, the Corporation urges programs to make maximum
use of available technology in screening, researching and responding to client
needs. Because the Corporation can offer no assistance with acquisition of
equipment, we suggest programs consider discrete fundraising projects for this
purpose. Centralized intake through hotlines and computerized networks can
facilitate referrals and brief service and result in more efficient use of
lawyer time. Similarly, community legal education, pro se
representation and other forms of self-help can reduce the need for legal
intervention, enabling programs to conserve their resources for matters most
requiring a lawyer's help.
The Corporation recommends that programs place a high priority
on activities designed to involve the entire community in sharing the
responsibility for facilitating access to justice. Special attention should be
accorded to the involvement of the private bar in the provision of pro bono
client representation. Although increased pro bono services will
not make up for the effects of the current cutbacks in funding for the
Corporation, involvement of the private bar represents an important supplement
to direct service by Corporation grantees. In addition to pro bono representation,
the private bar can provide assistance in relevant substantive areas of law,
training for staff and volunteers, and both direct financial support and
assistance with fundraising. Law schools and other law-related entities can
also make unique contributions. The community at large, including clients,
religious and civic groups, community service agencies, and business
enterprises and organizations should also be included in efforts to broaden
each program's outreach effort.
Conclusion: The Legal Services Corporation recognizes
that different communities have different needs and will respect the autonomy
of every grantee to make decisions that reflect the resources available to it
and the demographics and particular circumstances of its client populations.
In some communities, issues not touched upon here may be of grave concern to
clients and worthy of being accorded a high priority. Nevertheless, we expect
that each grantee will give careful consideration to the issues that have been
identified here as priorities from the Corporation's nationwide perspective.
|