A year of uncertainty for legal aid organizations

Finding adequate funding for legal assistance is never easy, but 2011 presents an even tougher challenge for civil legal services providers here in Rochester, across the state and nationwide.

“It’s a bad climate to be sure,” said Louis Prieto, managing attorney for the Monroe County Legal Assistance Center.

Prieto said his and other legal assistance organizations already don’t have enough resources to meet the demand for civil law services and future economic cutbacks are imminent. MCLAC relies largely on federal funds and will undoubtedly be affected by federal budget cuts — the amount of which is uncertain.

“All we know for sure is that there will be cuts,” Prieto said. “It’s hard to plan when you’re dealing with an unknown.”

Prieto said Republicans have targeted the funds distributed by the Federal Legal Services Corp. to legal aid organizations for 2012 elimination.

“I don’t think that will happen but it reflects the national political landscape,” he said.

At the Empire Justice Center, Chief Counsel Bryan Hetherington said his office already must turn people away whose cases could be won.

“None of us came into legal services to do that,” he said.

Legal Aid Society of Rochester President Alan Harris said they have to use a triage system to help applicants. For example, only victims of domestic violence are likely to receive family law assistance and only people facing imminent eviction may receive housing law assistance even though others have valid claims.   

Harris said this is the worst economic climate in his 25 years of experience at The Legal Aid Society with cuts in nearly all funding sources for legal aid service providers.

“The challenge of all legal service providers is that demand is up and funding sources from IOLA (Interest on Lawyer Account Fund) and government is down,” Hetherington said as he finished signing annual fundraising letters to help offset the loss.

At Volunteer Legal Services Project, a special committee formed by the board of directors called “Managing a Non Profit in Turbulent Times” has helped Executive Director Sheila Gaddis through the difficult times.

Gaddis says her state funding has all but “dried up” and she estimates losing upwards of $100,000 in funding.

Hetherington lamented the current fiscal situation that has turned into a human tragedy.

“Our government was established to provide justice by the Constitution and we are at a point in funding where we are unable to do that dependably in all the cases that are before our court system.”

Like many legal aid organizations, Empire Justice Center has diversified its funding sources to help offset the loss from state and government budget cuts. But, as Hetherington noted, there are limits to that.

“Justice is a core responsibility of government,” Hetherington said. “Something as important as that should not be left to charity.”

Convincing the state legislature that legal aid funding is not just a benefit to society but a cost-saving measure is a task Hetherington and his colleagues embrace.

In foreclosure prevention, for example, saving a home benefits more than the homeowner, it benefits the city in preserving tax revenue, it benefits the neighbors whose property values don’t decline, and it benefits the lender who doesn’t lose payment.

Fortunately, legal aid organizations in New York state have a powerful, vocal advocate in Chief Judge Jonathan Lippman.

“The chief judge has made this a top priority and has done a wonderful job making the case for us,” Harris said. “If it’s doable, he’ll accomplish it.”

Judge Lippman requested $25 million from the legislature this year to support basic living services such as housing, domestic violence prevention, and education and health issues. In addition he wants $15 million in this year’s budget to assist in providing IOLA grants to legal aid organizations. The chief judge submitted the Office of Court Administration budget, including civil legal service funding, to Gov. Andrew M. Cuomo on Feb 1.

“Now we just wait and see if it’s accepted,” said Gaddis, who is a member of the judge’s civil legal service delivery task force.

Judge Lippman’s larger plan calls for $100 million in funding for civil legal service providers in New York state in the next four years.

“He wants to run a justice system that is fair to our citizens,” Hetherington said.

As part of that effort, Judge Lippman plans to meet with area leaders to discuss civil legal service challenges and funding on Sept. 29 at the Appellate Division, Fourth Department courthouse.