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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. 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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