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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. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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