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Indiana's legal aid in economic trouble?

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With a legal aid agency closing in Fort Wayne, what's ahead for other legal aid providers in Indiana?

Some organizations - such as the privately funded Legal Aid Society of Evansville and the Indianapolis Legal Aid Society - and Indiana Legal Services Inc., which receives federal money annually from Legal Services Corporation - seem to be doing OK so far. But all are unsure what's to come as 2008 winds down and as United Way campaigns continue through the end of the year.

Budget issues led to the decision to close Legal Services of Maumee Valley in Fort Wayne, which was first reported in a story Oct. 13 by Jennifer Mehalik in Indiana Lawyer Daily. In that story, it was reported Legal Services of Maumee Valley, which had served the community since 1960, has been struggling to stay open for the past six to eight years, and the last two were the most difficult, according to Business Manager Steven Morgan.

Is Maumee Valley's closing a sign of things to come?

Legal Aid Society of Evansville doesn't foresee any reason to close its doors, having enough in the reserves for at least a few years.

The organization has been celebrating its 50th anniversary this year, culminating in a courthouse reception Oct. 17 with about 200 guests. City and county government officials delivered a proclamation that day would be Legal Aid Services Day.

LASE receives funds from United Way, the city of Evansville, and Vanderburgh County. It also gets the first opportunity to serve clients in Evansville and Vanderburgh County, while most of ILS' clients are in the surrounding counties in southwestern Indiana: Daviess, Dubois, Gibson, Knox, Martin, Perry, Pike, Posey, Spencer, and Warrick.

"Legal Aid Society of Evansville and ILS get along well," said Sue Ann Hartig, the organization's executive director. "Not many others can say that. We understand there's more than enough work for both of us, and we're not competing for the same dollars."

In 2007, three attorneys in LASE's office represented more than 800 different cases.

"This organization has a budget of $410,000, but if the work had been done by a private firm it would have come to more than $1.6 million in services to the community," said vice president Cathy Nestrick.

As far as how the budget will go in 2009, Hartig and Nestrick mentioned that at least one employer in Evansville will not be participating in United Way's campaign - Bristol Meyers - which would match contributions and could account for about 10 percent of the funds United Way raises.

As far as funds from the county and city, LASE has been asked to have the same bottom line as last year.

Hartig said that intake "has stayed about the same" over the years.

LASE employees are also involved in the community, working on the root causes of poverty. The attorneys also became certified with the IRS to help low-income people get their earned income tax credit.

"Something like $2 million didn't come back to community," she said. "All three attorneys ... helped prepare taxes January through April ... after work hours."

In Indianapolis, ILAS is doing well, even with other area legal aid providers such as ILS and Neighborhood Christian Legal Clinic, according to Executive Director John Floreancig.

"We mostly represent Marion County, but do work in some of the (surrounding) counties," he said.

ILS' Indianapolis office represents Boone, Decatur, Delaware, Fayette, Franklin, Hamilton, Hancock, Hendricks, Henry, Johnson, Madison, Marion, Randolph, Rush, Shelby, Union, and Wayne counties.

"There's a huge competition for funding, obviously. ILS gets federal funding, and NCLC is constantly in the same room with us for funding," he said.

ILAS budget will increase for next year, "only because of cost to keep the doors open," he said.

As far as what effect the economy will have on ILAS's fundraising efforts, "I haven't seen it yet," he said. "Our gauge is how United Way does. Their campaign started just a month ago. ... But we have to go forward with a budget we think will work for us."

But without question, he said, the number of clients has increased.

"We had a line out the door this morning - our waiting room just isn't big enough," he said. "We don't just see debt issues, but family law issues. With money being tight, the two seem to go hand-in-hand. Other issues run the gamut."

In September alone, Floreancig said ILAS saw 200 more people than in September 2007. "It's a catch-22," he said. "When the economy is bad, you don't get more funding, but you do get more requests for help." Last year the organization helped 8,200 clients and this year's numbers will likely match or exceed that number.

Norman Metzger, executive director of ILS, said funding for the organization that represents all 92 counties has gone up.

"Like other organizations, we do have funding that comes and goes, that's the nature of the beast," said Metzger, who has been with the organization for 41 years."But over the past seven years, I haven't seen our funding go down; instead I saw it go up. ... We're actually in our best shape as far as funding since 2001 right now."

He said the organization has gotten creative in terms of programs and types of grants ILS applies for, based on the needs of the population it serves.

For instance, an IRS grant helps ILS run a tax clinic in Bloomington, and ILS has received a few grants for programs that offer legal assistance for clients facing foreclosure.

As far as the perception of competition around the state, Metzger said, "I don't want to belabor the fact some organizations get along well with us and some don't. But (LASE) and the pro bono plan down there, led by Beverly Corn, is terrific. We all work together and it's a clear example of how one plus one equals four."

He added that the Indianapolis, Bloomington, and South Bend legal aid communities tend to work well amongst themselves.

As far as Maumee Valley closing, Metzger said it wasn't something ILS wanted to happen, even after a failed merger agreement between the two organizations in the late 1990s when Legal Services Corporation required states to have a centralized office to allocate federal funds.

After the merger of other legal aid providers, ILS opened a Fort Wayne office, and the two would refer cases to each other, especially when there were conflicts.

"I'm saddened by the fact they're going out of business," he said,"but that isn't to say between us and Volunteer Lawyers Program (of Northeast Indiana) that we aren't going to be able to move forward and handle the increase in demand."

Two other sources of legal aid have Fort Wayne connections - the Allen County Bar Association's Talk to a Lawyer Today program once a week, and the NCLC has an intake in Fort Wayne once a month.

Those interviewed for this story said while it's difficult to predict the future of funding for legal aid in Indiana, they are trying to be mindful of their budgets and hope attorneys will continue to volunteer their time and contribute to legal aid providers when they can.

"Maybe people will see the need, take the charge, and give more," Floreancig said. •

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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