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Bill would increase funds for pro bono districts

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Two Indiana lawmakers have introduced a bill that may offer hope to financially strapped pro bono districts.

Sens. Ron Grooms, R-Jeffersonville, and Brent Steele, R-Bedford, authored Senate Bill 235, which would funnel $1 from each civil filing fee to the Indiana Bar Foundation to augment funding for the state’s 12 pro bono districts. The districts are funded by interest on lawyer trust accounts, and with interest rates currently below one percent, pro bono plan administrators have been searching for new funding sources.

If the bill passes, it could result in about $500,000 in annual support for pro bono providers. That’s roughly twice the amount of the $253,865 in total IOLTA funds awarded for 2012.

Finding funds

Charles Dunlap, the IBF executive director, said Steele approached him with the idea for SB235.

“It’s not often that you have a senator take an interest in something and contact you,” Dunlap said. But Steele is a lawyer who has volunteered his time for pro bono work over the years, and he’s seen the economy put a strain on providers.

“Until interest rates come back up in this county, we’re going have to add some fuel to the fire – some funding – and this is the only thing I could think of,” Steele said.
 

pro bono Sens. Ron Grooms (left) and Brent Steele co-authored a bill to augment IOLTA funding. (IL Photo/ Eric Learned)

Dunlap said he and Steele discussed how much money would be needed to prop up the districts. Arriving at a figure of $500,000, Steele then approached the Legislative Services Agency and asked for staff to come up with a funding model.

“We worked backward and tried to get LSA to estimate the number of civil filings a year – if we’d had enough civil filings, it could’ve been 10 cents per filing,” Steele said. “We didn’t raise any more money than what we needed.”

Grooms appreciated the opportunity to carry the legislation by Steele, who signed-on as co-author on Jan. 9.

“To be able to have an opportunity to introduce this I thought was a good decision to make, to show the residents of the state of Indiana that we do care about your ability to seek legal service and that we care about providing legal service to everyone, regardless of their ability to pay,” Grooms said.

Diane Walker, plan administrator for Pro Bono District H, based in Bloomington, said Steele and his siblings – Byron Steele and Darlene Steele McSoley – are known for their pro bono volunteerism, often logging the most pro bono hours in Lawrence County.

“We’ve been giving awards since 2007, and every year one of them wins it,” Walker said.

Grooms, who is a pharmacist, said that the desire to give back is not unique to the legal community. He said that independent, locally owned pharmacies often find ways to help people of modest means.

“You ask them how many prescriptions they give away per year, and you would be amazed,” Grooms said. “You have an obligation to your community to not let some child get sick because of some $5 or $10 prescription.”

Success in other states

In Pennsylvania, similar legislation has resulted in a significant increase in funding for legal services. The Pennsylvania IOLTA Board released a report in 2009 announcing results of the Access to Justice Act. Enacted in 2002, the legislation changed state statute to establish a $2 surcharge on filings in state courts. In 2006 and 2011, the legislature extended the act, which now has a sunset date of Dec. 21, 2014.

Between 2004 and 2008, the AJA produced $36.5 million in funding for the Pennsylvania’s IOLTA-supported pro bono providers. In that timeframe, more than 138,000 people directly benefited from that funding.

Many other states have earmarked filing fees for civil legal aid programs, according to the American Bar Association.

SB 235 initially did not have a sunset date for the new funding model, but Grooms said he plans to amend the bill to include one.

Indiana has not done as much as some other states to support legal aid, Dunlap said, and the proposed legislation was a welcome departure from that tradition.

Steele said that sharing authorship of the bill with Grooms is a natural fit.

“That’s what I think makes the citizen legislature what it is. You get a lawyer and a pharmacist working together – go figure that,” Steele said. “It is a matter of personal relationships and professional responsibility that we each have. He’s a professional in his line of work, and me in mine, but you’re all trying to get the same end product.”•

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  • good
    when i started practicing law I thought it was bad that they took the interest off these accounts but with experience I have come to believe that IBF supporting pro bono districts is not only totally important to the public good but also practically speaking a big headache relief for other lawyers that there is any kind of help out there for the indigent. I totally support it now -- and I think this new bills is a very very good one-- and I encourage voluntary gifts for IBF from us all as well.

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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