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Funding less for legal aid offices

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In October, the Indiana Bar Foundation’s board of directors approved allocating $487,205 from its reserves to fund the state’s pro bono districts in 2012. The foundation distributes funds to the districts from interest on lawyer trust accounts, and those funds have been diminishing since 2009.

IOLTA funds for 2012 amounted to just $253,865, which when combined with the reserve amount, will bring total funding to $741,070. That’s about $176,000 less than 2011 and about $1.6 million less than 2010.

Chuck Dunlap Dunlap

At the end of this year, a little less than $1 million will be left in reserves.

“The difficult and philosophical question is how much of the reserve do you use?” said Charles Dunlap, the foundation’s executive director. “You don’t want to run out, but you don’t want pro bono districts to run out of money in the short-term.”

Tough times all around

Other legal services for the poor are struggling with budget woes, too. Indiana Legal Services had already weathered a round of budget cuts this year after Washington lawmakers voted to reduce funding to the Legal Services Corp., which funds ILS and other legal aid organizations around the country.

On Nov. 15, ILS learned that the LSC will lose more than $56 million in 2012 – 12.9 percent of its total budget – and that the shortfall would be passed on to field offices. The end result is a loss of nearly $819,000 for ILS in 2012, said ILS executive director Norman Metzger.

With more than 75 percent of its budget dedicated to personnel costs, Metzger said job cuts are inevitable, although he knows that some offices are already understaffed due to existing budget constraints. While it’s up to the ILS board to decide, he predicts that some of its $1 million reserve will have to be allocated to help struggling legal aid organizations.

“We aren’t going to be carrying a million dollar reserve into 2013 – the board could decide that, but I would be surprised,” Metzger said.

According to LSC statute, its board of directors must reallocate funding based on the decennial Census poverty count in each state or service area, Metzger explained. But unlike the previous 40 years, the Census Bureau in 2010 didn’t do a poverty population count.

“They wanted to go to the short form and they eliminated a lot of questions, and one of the questions they eliminated was about income. So now LSC is dealing with the Census Bureau to come up with poverty estimates,” he said.

Funding was a popular topic of conversation at the National Legal Aid & Defender Association annual conference and Centennial Celebration in Washington D.C. Dec. 7-10. Metzger, who attended, said legal aid providers across the country are struggling with waning budgets. In one session, attendees learned about possible outcomes of the upcoming LSC funds reallocation. And he said that ILS could see a measurable increase in funding, but any increase wouldn’t be realized until 2013.

LSC will look at small area income and poverty estimates and the American Community Survey to determine which parts of the country have the most need.

iolta“Louisiana, their poverty population is way down – it’s about 500,000 or 600,000 less in Louisiana in 2010 than in the year 2000, and the reason for that is Hurricane Katrina. A lot of the people that left were poor people,” Metzger said. He said in that same time frame, Indiana’s poverty population has increased 28.4 percent. “So Louisiana may be cut by 30 percent, and Indiana would get a 20-percent increase.”

Metzger said he would hesitate to call that good news for Indiana, because any increase in funding would simply be a reflection of greater poverty levels. He also said that anticipating an increase in LSC funding might be a gamble.

“So the question is: how do we go about planning?” he said.

Many unknowns

Indiana’s pro bono districts are realigning in 2012. District 7, based in Terre Haute, will be absorbed by the immediate surrounding districts. Sullivan and Vigo counties will become part of District 13, the Volunteer Lawyer Program of Southwestern Indiana; Clay and Putnam counties will become part of District 10; and Vermillion and Parke counties will become part of District 4. Dunlap said District 7 currently does not have a plan administrator.

Richmond’s District 9 will become part of District 8 – Legal Volunteers of Southeast Indiana. Currently, Richmond has a part-time plan administrator, and Dunlap said how staffing may change was still being discussed.

Monica Fennell, executive director of the Indiana Pro Bono Commission, said she hoped realignment would not have a negative impact on services and that each district has a great amount of autonomy in determining its priorities from year to year.

But what Fennell and Dunlap cannot predict is when IOLTA interest rates will rebound.

“The bottom line is, we’re in the third year of close to a zero interest rate nationally,” Dunlap said. “The open question is: how long is the interest rate environment going to be like this?”

Some pro bono districts have other funding sources, and ILS has other grantors, too. But with such uncertain economic times, it’s hard to say if other funding sources will remain steady.

Norm Metzger mug Metzger

“It’s not just LSC, it’s not just IOLTA … it’s other funding, like United Way is down,” Metzger said. He said that ILS had seven grants from different United Way offices. Four of those are down, and one was eliminated.

Scott Wylie, plan administrator for the VLP of Southwestern Indiana, said that pro bono resources are increasingly challenged to meet the needs of the public.

“I think it’s a situation that’s affecting every county in Indiana, and that is we will have fewer resources to cover a greater number of people. So it’s going to mean that fewer people are going to be linked to pro bono assistance – it’s just a sad reality,” Wylie said.

Metzger is concerned not only about legal services for the poor in Indiana, but nationwide.

“There was stimulus money that created legal aid funding for homeless people, stimulus money that created legal aid funding for mortgage foreclosure – all of that money now has come to an end,” he said.

The ILS board of directors has a meeting scheduled for Dec. 22, at which time they will begin looking at ways to cope with the budget reduction.

“It’s hard to have a joyous holiday spirit knowing that we’re going to be laying off people,” Metzger said.•

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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