Today, Deputy Attorney General James Cole spoke  on behalf of the Department of Justice at the World Elder Abuse Awareness Day event at the White House. In 2006, June 15^th was designated as World Elder Abuse Awareness Day to recognize the mistreatment of elderly people globally and to highlight the need for preventative actions. Elder abuse includes physical, sexual and emotional abuse; neglect; and even financial abuse.

Deputy Attorney General Cole spoke about the importance of protecting older Americans who are often targets of financial fraud and abuse schemes. Financial abuse and exploitation crimes include nursing homes and other health care providers that exploit Medicare beneficiaries for their own profit. It may also include the elderly falling victim to consumer scams and fraud. The government continues to fight back against these types of crimes.

As Deputy Attorney General Cole said:

“Elder abuse is a hidden epidemic that annually impacts the health and well-being of six million older people…For me, and for today’s Department of Justice, protecting older Americans is a top priority that we advance on multiple fronts. Too many elderly Americans are suffering alone – together we can change that.”

Earlier this year, the Department of Justice also hosted a historic consumer protection summit for law enforcement and consumer advocates to harness collective experiences, discuss strategies for enhancing enforcement of consumer fraud crimes, and increase public awareness of these crimes so ordinary citizens can fight back themselves.

Deputy Attorney General Cole further explained that financial abuse of the elderly involves draining resources of individuals, families, businesses and public programs like Medicare and Medicaid. He specifically called for more programs by civil legal aid lawyers to help prevent and remedy such elder abuse, and announced the “Missing Link Project.” This program, established by the department’s Elder Justice Initiative, the Office for Victims of Crime, and the Access to Justice Initiative, will develop training materials for legal service providers to identify, support, and respond to the special needs of older victims.

To protect the financial integrity of the Medicare program, both the Department of Justice and the Department of Health and Human Services created the Health Care Fraud Prevention and Enforcement Action Teams (HEAT) in 2009. Since then, the agencies have recovered over $8 billion in cases involving fraud against Medicare and other federal health care programs – returning these dollars to taxpayers and preventing these criminals from continuing their operations.

For more information on these programs to fight abuse, or if you or someone you know is a victim of elder abuse, visit the National Center on Elder Abuse. You may also find more information at WhiteHouse.gov.

The following post appears courtesy of the Access to Justice Initiative

One of the cornerstones of the United States criminal justice system is the right to legal representation for criminal defendants.  In the United States the right is confirmed by the federal Constitution, but many countries also guarantee this right to their citizens through their domestic laws. 

Recognizing that criminal legal aid – or indigent defense – “is an essential element of a fair, humane and efficient criminal justice system that is based on the rule of law,” the United Nations Commission on Crime Prevention and Criminal Justice (the UN Crime Commission) adopted the first international principles and guidelines on indigent defense at its recently concluded 21^st session.  The United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems affirm the importance of legal aid at all stages of the criminal justice system.

Created in 1992 by the United Nations Economic and Social Council (ECOSOC), the UN Crime Commission is the central body within the United Nations system dealing with crime prevention and criminal justice policy. It is one of the governing bodies of the United Nations Office on Drugs and Crime (UNODC).  The 40-member body, which includes the United States, met this past April in Vienna, Austria to consider 11 resolutions on issues such as combating violence against migrants and migrant smuggling, setting minimum standards for the treatment of prisoners, and criminal legal aid.

The United States was one of 16 co-sponsors of the UN Crime Commission resolution that adopted the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems.  Although the document correctly recognizes that, “states employ different models for the provision of legal aid,” these comprehensive guidelines and principles can be effective tools in strengthening and growing existing criminal legal aid systems throughout the world.

The creation of the Access to Justice Initiative at the U.S. Department of Justice in March 2010 is a testament of the United States’ commitment to supporting indigent defense.  The Access to Justice Initiative was launched to help ensure that basic legal services are available, affordable and accessible to everyone in this country regardless of status or income.  A significant part of our work is directed at strengthening and supporting indigent defense.  Because of this, a representative from the Access to Justice Initiative was invited to join the U.S. delegation to the UN Crime Commission to assist with negotiating this resolution.

The adoption of the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems is a significant milestone in the global development of fair and just systems of criminal justice.  It will likely be submitted to the United Nations General Assembly for approval later this year.

For more information about the 21^st session of the UN Crime Commission, please visit the U.S. Department of State’s blog entry: Strengthening the Rule of Law and Combating Crime. For more information on the U.S. Department of Justice Access to Justice Initiative, visit: www.justice.gov/atj.

The following post appears courtesy of the Access to Justice Initiative  

The Department of Justice has released a new guide, “Reducing Homeless Populations’ Involvement in the Criminal Justice System.”  The guide is intended to generate greater awareness in the field among law enforcement, courts, prosecutors, defenders, state and local legislators, advocates, social service providers, and the homeless about  Department of Justice resources available to serve homeless people, and those at risk of homelessness, who are involved in the criminal justice system. This population includes those with mental health and substance abuse issues, juveniles, and victims of domestic violence. This tool should be used as a guide for stakeholders seeking to implement innovative justice system strategies that reduce this vulnerable population’s contact with the criminal justice system.

Read the Guide  (PDF)

The guide is being issued in conjunction with the release of a new report, Searching Out Solutions: Constructive Alternatives to Criminalization, outlining alternatives for communities seeking to break the cycling of homeless people through the justice system. 

In response to the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act, the U.S. Interagency Council on Homelessness and the Access to Justice Initiative of the Department of Justice with support from the Department of Housing and Urban Development convened a summit on the development of constructive alternatives to the criminalization of homelessness. The summit participants shared information on effective and promising practices that serve as alternatives to criminalization and are improving the lives of individuals experiencing homelessness and the community as a whole.

For example, participants learned about the San Diego, California Homeless Court Program (HCP), which was launched in 1989 with a grant from the Justice Department. The HCP builds on partnerships between the court, the prosecutor, the public defender, local shelters, service agencies, and participants experiencing homelessness. It is designed for citizens experiencing homelessness to resolve outstanding misdemeanor warrants and offenses (principally “quality-of-life” infractions such as unauthorized removal of a shopping cart, disorderly conduct, public drunkenness, and sleeping on a sidewalk or on the beach). Participants voluntarily sign up for the HCP through a participating homeless service provider and participate in a series of program activities before appearing in court. Participants get credit for “time served” in program activities that address the underlying causes of their homelessness, like life-skills, chemical dependency or AA/NA meetings, computer and literacy classes, training or searching for employment, healthcare (physical and mental), and counseling.

The alternatives to criminalization policies identified in the Searching out Solutions report were developed from the discussion at the summit and have been effective in reducing and preventing homelessness in several cities around the country.

The Searching Out Solutions report identifies three solutions, examples of specific strategies and interventions, and their successful implementation in communities across the country:

• The creation of comprehensive and seamless systems of care: Partnerships between local organizations and other service providers and government programs to combine housing and services that are supported by communitywide planning and address gaps in service delivery. 
• Collaboration between law enforcement and behavioral health and social service providers:  Collaboration between service providers and law enforcement regarding outreach to individuals and specialized crisis intervention training that limit the number of arrests for non-violent offenses. 
• Alternative justice system strategies:  Strategies that provide alternatives to prosecution and incarceration and that offer reentry planning for individuals who are returning to the community after interaction with the criminal justice system, including  use of specialty courts, citation dismissal programs, holistic public defenders offices, and reentry programs.

Last month representatives from the Department of Justice joined the Interagency Council on Homelessness for a webinar providing information about Department of Justice resources that can help support implementation of effective model policies, practices and programs identified in the Searching out Solutions report. 

For more information: View the webinar presentation. Read the report, ”Searching Out Solutions: Constructive Alternatives to Criminalization” and the guide, “Reducing Homeless Populations’ Involvement in the Criminal Justice System“ (PDF).

The rising cost of tuition and burden of repaying mortgage-sized student loan debt prevents many lawyers from pursuing public service careers.  Student loan debt is consistently cited as the overwhelming reason why attorneys decline or leave positions as prosecutors and public defenders.  Fortunately, a range of federal and other loan repayment assistance programs (LRAPs) are in place to address the problem. 

Acknowledging the need to recruit and retain lawyers who ensure the integrity of our criminal justice system, Congress enacted the John R. Justice Prosecutors and Defenders Incentive Act to encourage qualified attorneys to choose and continue in careers as prosecutors and public defenders. The John R. Justice Program (JRJ) provides loan repayment assistance for state and federal public defenders and state prosecutors who agree to remain employed as public defenders and prosecutors for at least three years.    

In its recently released FY 2012 JRJ Program Application Guidance, the Bureau of Justice Assistance (BJA) chose to leverage its limited funds by encouraging agencies administering the John R. Justice Grant Program to publicize other loan repayment opportunities, including the federal Income-Based Repayment  and Public Service Loan Forgiveness programs.

Income-based repayment programs allow borrowers to make payments based on a percentage of their income, resulting in lower payments than would otherwise be required.  Public Service Loan Forgiveness offers federal student loan forgiveness after ten years of public service employment, including as a prosecutor or public defender.  Over 100 law schools and more than 20 states offer LRAPs with loan repayment aid for graduates who take low-paying jobs. 

Many people burdened with significant educational debt do not know that they might qualify these programs. Raising awareness of alternative funding sources allows administering agencies to stretch grant dollars further in pursuit of the program’s primary goals: recruiting and retaining qualified prosecutors and public defenders.

This is also an essential step to raise awareness of the complexities of student loan repayment decisions and debt relief programs, and try to ensure that JRJ applicants and beneficiaries are making the best choices given their unique circumstances.

For example, borrowers should make certain that JRJ loan repayment assistance will not adversely affect the loan repayment opportunities offered by other programs.  For this reason, JRJ applicants and beneficiaries are strongly encouraged to consult with the U.S. Department of Education and resources provided below – as well as relevant law school or state program policies — to learn how receipt of grant benefits may affect awards.

The new BJA Application Guidance language echoes President Obama’s commitment to helping graduates repay their educational loans. Announced in October 2011, President Obama’s accelerated “pay as you earn” program makes IBR improvements previously scheduled to take effect in 2014 available to some borrowers as soon as 2012. It is estimated the more favorable terms will enable up to 1.6 million borrowers to have more manageable loan payments. 

 To learn more about the John R. Justice Grant Program and other student-loan repayment assistance opportunities, visit: Information on Income Based Repayment from the Department of Education  | Information on Public Service Loan Forgiveness from the Department of Education. |Consumer Financial Protection Bureau’s Student Debt Repayment Assistant | Law School Loan Repayment Assistance Programs from Equal Justice Works | List of State-Based Loan Repayment Assistance Programs  

For more information on the U.S. Department of Justice Access to Justice Initiative, visit: www.justice.gov/atj.

Legal aid attorneys, pro bono partners from law firms, government leaders, judges, and advocates from around the country gathered at the White House earlier this month for a forum on “The State of Legal Assistance.”  Moderated by Legal Services Corporation (LSC) Chairman John Levi, the forum looked at the legal challenges faced by America’s most vulnerable groups, including veterans, low-income families, the elderly, and people with disabilities.

A 2009 LSC study(PDF) found that less than 20 percent of the legal problems experienced by poor people were addressed with the help of a private or legal aid lawyer.  At the forum, a panel of LSC attorneys spoke of the strains on their system in the wake of the country’s economic recession, and the hardships faced by those served by legal aid.

John Whitfield, Executive Director of Blue Ridge Legal Services in Harrisonburg, VA, noted that because of declining revenue, his rural program has lost 26 percent of its staff compared to the end of 2010.  Legal Aid Society of Cleveland Executive Director, Colleen Carter, remarked that her organization’s funding has decreased by 28 percent at the same time that the poverty population in the region has increased by 30 percent.  She observed that foreclosures in the area have impacted the rich and poor alike, and especially the working people in the community.  Legal aid services for many facing foreclosure have enabled them to keep their homes.

Speaking at the forum, President Barack Obama said that making civil legal assistance available to low-income Americans is “central to our notion of equal justice under the law.”

Attorney General Eric Holder also spoke about the importance of access to justice for all of America’s people:

“Particularly in this time of economic challenges – when funding for aid programs is limited, and government budgets are on the chopping block – the urgency of this crisis has been brought into stark focus. Fortunately, the leaders and advocates in this room have responded not with despair, but with resolve.  You’re stretching every dollar.  You’re seeking ways to amplify the impact of every resource we can bring to bear.  And I want you to know that this Administration stands ready to support your work in any way possible.” 

Attorney General Holder went on to note the importance of elevating, encouraging, and engaging in pro bono services.  And he expressed his support for President Obama’s budget which provides continued financial support for the Legal Services Corporation, and, “offers the assistance necessary to transform people’s lives and ensure that their rights are protected.” 

He highlighted the work of Justice Department’s Access to Justice Initiative on such issues as foreclosure mediation, promoting pro bono, and the 9/11 Victim Compensation Fund, and called on those present “to create and strengthen the state-level Access to Justice Commissions that have shown such remarkable progress.”

Statewide Access to Justice (ATJ) Commissions have been an important development over the last decade in the effort to close our nation’s civil-side justice gap.  Typically established by the state’s highest court in conjunction with state bar leadership, these formal Commissions are tasked with coordinating, expanding and improving state-level civil legal assistance.   About half of the states and the District of Columbia have active ATJ Commissions.  

To learn more about the Access to Justice Initiative, visit www.justice.gov/atj.

The following post appears courtesy of the Access to Justice Initiative  

The Department of Justice’s Edward Byrne Memorial Justice Assistance Grant (JAG) Program provides federal funding for states and localities to promote effective strategies across the criminal justice system. 

JAG grants provide support for a wide-range of program areas including law enforcement, prosecution and court programs, corrections and community corrections, drug treatment and enforcement, crime victim and witness initiatives, planning, evaluation, and technology improvement programs. 

The 2012 JAG solicitation, released on March 28, 2012, includes important new language of interest to indigent defense providers and other criminal justice stakeholders that have not consistently been a part of local and state jurisdictions’ planning processes for allocating JAG funds.    

Since 2010, indigent defense has been identified by the Justice Department as one of several key priority areas for maximizing the effectiveness of JAG funding. 

Attorney General Eric Holder has consistently stressed that the crisis in indigent defense reform is a serious concern, which must be addressed if true justice is to be achieved in our nation.

The solicitation refers applicants to the American Bar Association (ABA) Ten Principles of a Public Defense Delivery System, which represent fundamental building blocks for implementing quality legal representation for indigent defendants. 

All JAG recipients are encouraged to use JAG funds to support existing statewide strategic plans. This year marks a redoubling of our efforts to encourage state and local jurisdictions to bring all system stakeholders together in the strategic planning process 

The 2012 JAG solicitation states that the strategic planning process should include law enforcement, courts, prosecutors, indigent defense providers, victim advocates, and corrections officials. It requires applicants submit a program narrative that describes the strategic planning process and identifies the stakeholders currently participating in the process.

With the National Criminal Justice Association (NCJA), the department is ready to assist with the development of strategic plans to guide the use JAG funding.   NCJA provides valuable technical assistance for comprehensive criminal justice planning to improve the fair administration of justice.

Together, these efforts are intended to help support JAG recipients’ strategic planning, allow the department to better assess the extent to which states are engaged in strategic planning and whether the recommendation that these efforts include all criminal justice stakeholders, including indigent defense, is being followed, and, as a result, ensure fairness in the criminal justice system.

For further information about the JAG program, please contact the BJA Justice Information Center at 1–877–927–5657 or via email to JIC@telesishq.com.

Learn more: Department of Justice Resources for Indigent Defense Providers (PDF).