ILNews

Indiana's legal aid in trouble?

Rebecca Berfanger
October 29, 2008
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Economic Impact

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?
Jonathan Weinzapfel, Jeff Korb, Sue Ann Harting
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.

Indiana Legal ServicesLASE 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. 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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