Tag Archives: Legal Services Corporation

Antonin Scalia advocated for support of legal aid, fundamental to justice

United States Supreme Court Justice Antonin Scalia believed that the Legal Services Corporation (and, by extension, its client, Legal Aid of North Carolina) pursue equal justice, which is

the most fundamental of American ideals and they pursue equal justice in those areas of life most important to the lives of our citizens. The bulk of [their] cases, if you look at their annual report, involve domestic violence, real estate foreclosures and evictions, child custody, and denial of veterans’ benefits, unemployment compensation, and other governmental benefits. More than a third of the cases closed by [Legal Services] grantees in 2013 involved family law and more than a quarter of them housing.

Scalia asked, “Can there be justice if it is not equal, can there be a just society when some do not have justice?”

And he answered,

Equality, equal treatment is perhaps the most fundamental element of justice. . . . And in today’s law-ridden society, denial of access to professional legal assistance is denial of equal justice.”

It’s fair (more than fair, it’s necessary ) to explore alternative means of delivering equal justice: technology, delivery of services by others than licensed lawyers, new sources of funding. Indeed, it’s reasonable to hope that those who develop new alternatives will be able to do it on a for-profit basis and make lots of money. (The scale is surely there.)

But it’s not right to cut funds before alternatives are available.

Justice Scalia said:

Equality … is perhaps the most fundamental element of justice.

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Access to legal system is fundamental: John Hood of John Locke Foundation

John Locke

John Hood, Chairman of North Carolina’s John Locke Foundation, makes the same point this week that MidLaw made last week: the legal system and meaningful access to it for everybody is fundamental to our system of government. Access is a matter of infrastructure. (An on-ramp, if you will.)

Hood is not addressing the federal budget with its proposed de-funding the Legal Services Corporation. Instead, he is endorsing the just-released final report of the North Carolina Commission on the Administration of Law and Justice.

The final report calls for investments in North Carolina’s courts system up to $91 million over 6 years to improve access to the system. Hood sums up:

this plan is affordable and reflects the highest priorities of any government: public safety and the protection of individual rights.

But, if the federal government de-funds Legal Services, then the cost of the North Carolina plan will go up — both now and later.

The North Carolina report finds that

Statistics about low-income individuals’ access to lawyers are quite discouraging, … partly because legal aid programs have lost significant funding in recent years. Pro bono (donated legal services) programs have helped some litigants but simply do not have the capacity to come close to being a complete solution

Legal Aid of North Carolina brings legal services to low-income people in North Carolina. It appears to deliver a very high volume of access to justice (legal services) with limited and now declining resources. It depends heavily on funding from the Legal Services Corporation.

Hood points to technology and service providers other than lawyers, as emerging means of improving access to the justice system. He concludes:

Legal practice and public expectations are changing in response to new technologies, like it or not. North Carolina can either adjust its court system to that reality, or pay a far heavier price in the future.

Might there be better ways to deliver legal services to the poor? Technology, say, and providers other than lawyers? Bring them.

In the meantime, eliminating funding from the federal budget for Legal Services sounds like making a bad situation worse (“pay a far heavier price in the future”). And it puts a premium on State funding.

Legal aid is infrastructure, not welfare: got to have bridges so traffic can move

Word has come that the next federal budget will cut or eliminate funding for the Legal Services Corporation. Legal Services Corporation is the largest funder of legal services for the poor in the country.

Does the impetus for cutting legal aid come from a sense that legal aid to the poor is a form of welfare? Does it come from a sense that legal aid funds lawsuits against the wealthy?

That’s the wrong way to look at it. Legal aid, even when given free to the undeserving poor, is not a handout. It’s an investment in infrastructure.

The rule of law is the foundation of the economy and society. And it depends on the justice system.

Our system is complex and getting more so. (“Increasing complexity is the story of human evolution, and the story of how and why law emerged.“)

If poor people do not have effective access to this complex system, two bad things happen. First, the legal entanglements of the poor clog and burden the system. Either controversies don’t get resolved, or people try to fix them without assistance. That makes things worse.

Second, bad outcomes contaminate society. People get soured and distracted from positive, productive pursuits.

North Carolina Chief Justice Mark Martin perceptively points to domestic affairs: spousal abuse, child abuse, child custody, divorces. Often intervention by the justice system is the only fix in those cases. People helping themselves makes things worse.

That’s domestic relations. The same things can happen with healthcare, housing, veterans’ rights, benefits for the elderly, and any number of other everyday things. The unmet legal needs of poor people in these areas are growing, while funding is already on the decline.

Removing legal aid from the federal budget will make things worse. It will make our system more expensive for everybody, not less. And it will exacerbate negative spirits generally — in a way that drags down the economy, politics, and society at large.

Legal Services Corporation channels funds to local agencies such as Legal Aid of North Carolina. If there’s something wrong with Legal Services in particular, then fix that. But don’t take the resources out of the system.

Legal aid ain’t a handout. It’s bridges and roads.

Traffic has to move. Pay me now, or pay me more later.