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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. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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