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Legal aid budgets remain steady

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While the need for services for indigent Hoosiers during these tough economic times continues to increase, civil legal aid providers are reporting that budgets for 2011 will be similar to those of 2010, and the numbers of cases handled in 2010 are comparable to 2009.

This is in stark contrast to Indiana pro bono districts, which experienced a significant decrease in funding from 2010 to 2011. Most of the funding for the pro bono districts, overseen by the Indiana Pro Bono Commission, comes from Interest on Lawyer Trust Accounts, or IOLTA, distributed by the Indiana Bar Foundation. With historically low interest rates, the decrease in those funds was expected. The amount of revenues from IOLTA shrank by half each year for the last few years.

While some of those districts do receive support in the form of funds and in-kind donations from individual donors, law firms, and local bar associations, the bulk of their funding is from the IBF’s distribution of IOLTA funds. After a record high of $1.68 million distributed for 2009, $1.57 million was allocated to the districts for their 2010 budgets, including $401,619 distributed from the reserves.

A total of $917,173 will be distributed to the districts for 2011. This includes just under $428,000 of the IOLTA funds accumulated between mid-2009 and mid-2010, plus an additional $489,304 from the reserves. An additional $497,645 was requested but was not granted for 2011 budgets. The 2011 budget was $653,694 less than the 2010 budget.

As a result of these cuts, many of the pro bono districts reported decreases in staff members, staff hours, benefits, recognition for volunteer attorneys, programs, and travel expenses for outreach.

Explanation of how these funding cuts will affect the pro bono districts and their clients was reported in the Dec. 22, 2010 – Jan. 4, 2011 edition of Indiana Lawyer, “Indiana pro bono districts take a hit.”

However, three civil legal aid providers – Indiana Legal Services, which reaches all 92 counties with eight offices around the state; Neighborhood Christian Legal Clinic, which has offices and intake sites in Indianapolis and Fort Wayne; and Indianapolis Legal Aid Society, the oldest of the three having just celebrated its 70th anniversary – report that they are in the black for 2011.

While none of these organizations report needing to cut staff or programs for 2011, all three are cautiously moving forward in terms of adding new programs. Only NCLC reported a somewhat significant increase in its budget for 2011, but that was due to a grant for a new program that will start in March.

Josh Abel, executive director of NCLC, said its funding had increased slightly each year for the last few years. He said the organization was in the process of starting a program that would use the new grant to help homeowners facing foreclosures. However, he added, there are very specific guidelines as to who NCLC can help with the grant it received.

NCLC also has a slightly different base of supporters than ILAS or ILS because of its faith-based mission: congregations. Abel said its three main sources of support were from individual donors; corporate sponsors, which have included law firms; and churches in the areas where they assist clients.

Like NCLC, ILAS also relies on individual donors for support.

John Floreancig Floreancig

ILAS executive director John Floreancig reported that the organization was in the black for 2011, following a successful direct mail campaign in late 2010.

Floreancig said that while the consistent supporters donated to 2011’s budget at levels similar to past years and he and office manager Jacqueline Leverenz expected to receive more donation checks going forward, they didn’t notice as many new donors or small donations as they have in the past.

“During the dollar drive, we’d have donors who would send the $20 bill they had in their wallet along with the dollar from the dollar letter,” Floreancig said. “We haven’t been seeing that as much this time.”

ILS receives about two-thirds of its funding from Legal Services Corporation, and the rest of its funding from more than 50 sources, including seven grants from local United Way organizations. It is the only legal aid organization in Indiana to receive funds from LSC, which is funded by Congress.

Norm Metzger mug Metzger

Executive director Norman Metzger said that ILS has learned it will receive $5,818,996 from LSC for 2011, the same amount ILS received from LSC in 2010. That amount was slightly higher than the $5,397,030 the organization received from LSC in 2009.

He said the 2011 LSC budget is based on a congressional resolution until both the U.S. Senate and House of Representatives can agree on a budget to send to the president for his approval.

Metzger said he hoped there would be no decrease, but did not expect an increase.

He said based on the projected budget for 2011, this is also the first time in three years that staff will receive a pay raise.

legalaid-chartILS, NCLC, and ILAS also are the top three recipients of funding from the Indiana Civil Legal Aid Fund, which distributed $1.5 million to 11 organizations in mid-2010 by the Division of State Court Administration. None of those organizations expected that fund to change due to the support of the Indiana Supreme Court for civil legal aid.

ILS received $957,285, followed by NCLC, which received $158,127, and ILAS received $94,606.

The remaining $289,980 was divided among the Volunteer Lawyer Program of Northeast Indiana Inc., Community Organizations Legal Assistance Program (Community Development Law Center), Law School Legal Service, Indiana Coalition Against Domestic Violence, Legal Aid Society of Evansville, Elkhart Legal Aid Service, Legal Aid - District Eleven, and Legal Aid Corporation of Tippecanoe County.

ILS, NCLC, and ILAS also receive grants for specific programs. For example, ILAS receives a grant for a program that helps seniors stay in their homes, NCLC has the foreclosure program starting in the spring, and ILS has a program that helps migrant farmers.

The organizations also reported that while they haven’t seen a dramatic change in the number of cases they handled from 2009 to 2010, they have seen changes in the types of cases. They also expect going forward that they may have to turn away more clients, and they are unsure if the decrease in funding to the pro bono districts will impact their caseloads in 2011.

Josh Abel Mug Abel

For instance, based on preliminary reports, in 2010, 39 percent of ILS cases were clients with family law issues. In 2009, 40.5 percent of ILS cases were clients with family law issues. Yet consumer law cases, such as bankruptcies, increased from 15 percent of ILS cases in 2009 to about 17 percent of ILS cases in 2010, based on preliminary reports.

Abel reported that 2009 was the first time NCLC attorneys handled more consumer law cases than immigration cases, and that continued in 2010.

Floreancig added that not only has ILAS seen an increase in clients with consumer law cases, but many clients who come to ILAS for family law or other legal issues will often have consumer law issues in addition to their other needs.

Going forward, all three executive directors seem to be cautiously optimistic.

“We’re doing OK, but it will take careful management,” Abel said of NCLC.

Metzger spoke similarly of ILS, adding that after a conference of other legal aid providers in Atlanta in November, he realized ILS is doing well compared to similar organizations around the country.

“Knowing we have support is very uplifting to us,” Floreancig said of ILAS. “People realize it is tough.”•

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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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