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NLADA APPLAUDS SENATOR HARKIN’S INTRODUCTION OF CIVIL ACCESS TO JUSTICE ACT OF 2009
Legislation Seeks to Restore Legal Services Corporation’s Ability to Serve Low-Income People
WASHINGTON, DC, March 26, 2009 — As millions of Americans battle against consumer fraud, domestic violence and illegal housing practices made worse by the economic recession, legal aid programs and the clients they serve saw a bright spot on Thursday, March 26, 2009 with the introduction of the Civil Access to Justice Act of 2009. Introduced by Sen. Tom Harkin (D-IA) and co-sponsored by Sens. Edward Kennedy (D-MA), Patrick Leahy (D-VT), Barbara Mikulski (D-MD), Ben Cardin (D-MD), John Kerry (D-MA), Richard Durbin (D-IL), Frank Lautenberg (D-NJ), Claire McCaskill (D-MO) and Jeff Merkley (D-OR), the Civil Access to Justice Act seeks to restore lost funding, lift restrictions on Legal Services Corporation (LSC)-funded attorneys and provide better governance at LSC’s headquarters in Washington, DC. The bill authorizes LSC at $750 million, which is approximately the amount appropriated in 1981 as adjusted for inflation. Equally as important, the bill lifts the restrictions on state, local and private donations. These restrictions interfere with how non-federal entities choose to spend their money and place unnecessary hurdles on the ability of legal aid programs around the country to serve our neediest citizens. Since 1996, the Legal Services Corporation appropriation legislation has included an outdated rider that restricts the activities of legal services providers receiving federal funds from LSC, restricting both who legal services providers can help and the tools they can use when representing clients. Such action hamstrings communities in their ability to combat predatory lending practices because legal aid clients cannot participate in class actions and excludes those most knowledgeable about issues critical to low-income clients from participating in legislative and administrative reform efforts. “If passed into law, this will give low-income populations across our nation their best opportunity in many years to have fair and equal access to our courts system,” said NLADA Director of Civil Legal Services Don Saunders. At the same time that the bill provides further tools and support for LSC grantees, the legislation recognizes that better corporate governance is critical. The bill largely codifies General Accounting Office (GAO) recommendations regarding corporate governance, for example the need for audit, ethics and compensation committees, as well as other provisions designed to improve the corporation. “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 Sen. 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.” For more information, please visit www.nlada.org. |
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