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Pro Bono Commission chair sees dramatic drop in funding during term

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The outgoing chair of the Indiana Pro Bono Commission said she hopes Indiana takes more steps to encourage attorneys to provide free legal service as programs statewide continue to struggle with declines in funding.

“I’d like to see more law firms getting involved in helping to fund some of the programs,” said Indiana Court of Appeals Judge Melissa May, who presided over her final meeting as commission chair in May. The judge, whose term officially expires June 30, reflected on the challenges of keeping the state’s 12 pro bono districts afloat in a tough economy.

il-melissa-may03-15col.jpg Indiana Court of Appeals Judge Melissa May discussed her extended tenure as chair of the Indiana Pro Bono Commission, which included seeing the state’s pro bono districts through a consolidation period. (IL photo/ Perry Reichanadter)

“One of the most heartbreaking decisions I’ve ever had to take was when funds got cut and we had to cut district funding dramatically,” May said.

She remembers spreading the funding requests from each district across her desk and wondering how a burgeoning need for legal assistance could be met with a dwindling pool of money.

“I spent a solid week trying to figure out how to keep them open,” she said of the pro bono district plan administrators. Some economized by closing their doors and moving into offices of a law firm to reduce expenses.

“It has not been easy,” she said.

It was a crisis that May, the commission’s first female chair, said she couldn’t

walk away from. Her second three-year term was coming to an end last year, but it was extended by one year because state districts were being consolidated from 14 to 12.

“I basically volunteered to stay on because I knew it was going to be a tough time,” she said.

The Pro Bono Commission distributes money to the districts based on revenue from Interest on Lawyers Trust Accounts. From 2007 until 2009, IOLTA revenue allowed the commission to distribute an average of more than $1.3 million per year and build a program reserve of almost $2.2 million.

Then the economy tanked and interest rates went flat. IOTLA revenue decreased 84 percent, and money distributed statewide plummeted this year to its lowest point – just $253,865, according to the Indiana Bar Foundation. Almost twice that amount was distributed from the reserve to make up some of the shortfall, but total statewide funding this year is less than half the amount at the peak of funding in 2009.

Districts got $554,880 less than they requested, and the reserve has dwindled to just over $800,000.

Through it all, colleagues said May’s selflessness and volunteer spirit made her ideally suited for the work. Colleagues said May has been a booster and cheerleader as times got tough. She went to ballgames, dinners and other events in districts across the state to honor the work of pro bono attorneys and volunteers.

pro bono“I can’t imagine how many miles she’s put on her car,” said Sue Ann Hartig, former executive director of the Legal Aid Society of Evansville who now works as a staff attorney for the organization. Hartig served two terms on the commission with May.

While pro bono work most frequently deals with family law, Hartig and May served when unprecedented numbers of Hoosiers faced foreclosure. Hartig said May was deeply involved in training more than 1,000 Indiana attorneys in foreclosure law when the housing market collapsed in 2009. Indiana trained more lawyers in foreclosure law than any other state, said commission executive director Monica Fennell.

That kind of commitment is in May’s character, Hartig said.

“Judge May practiced in Evansville before she joined the court, and she’s a product of the Evansville Bar and its commitment to legal aid,” Hartig said. “She was committed to it long before we had a Pro Bono Commission.”

“Her organizational and networking skills create energy and make things happen,” said commission member Sarah (Sally) Holterhoff, an associate professor of law librarianship at Valparaiso University Law School.

May “has been a very hands-on leader, demonstrating to the rest of the commission really what it means to be involved in pro bono,” said Allen Superior Judge David J. Avery, who also serves on the commission with May.

Fennell said May’s commission leadership was on a list of trailblazing accomplishments.

May “has paved the way for many women lawyers in Indiana by being the first female lawyer and partner at the firm of Fine & Hatfield and one of the first to regularly try jury trials,” Fennell said.

“Judge May does not hesitate to challenge assumptions and to speak up for what she believes is right,” she said.

May became involved in pro bono work in private practice, where she handled insurance defense and personal injury cases. Her rationale for taking pro bono cases: “I can, I’m a lawyer, and I just want to help,” she said.

pro bonoShe praised districts that have developed creative ways to use limited pro bono resources. Some have “unbundled” services, so that various attorneys may work on different aspects of the same case. Some have developed “self-help” centers for pro se litigants. Some have set aside designated times to provide free legal counseling.

Pro bono providers might have to continue finding creative ways to stretch their budgets.

May said that until interest rates improve, IOLTA money will be tight for the state’s pro bono programs. To make up some of the shortfall, Indiana Bar Foundation Executive Director Chuck Dunlap said Gov. Mitch Daniels signed a law designating a $1 filing fee for the next five years on most civil cases. The fee is expected to bring in about $450,000 a year.

“We’ll still have to use the reserve, but not to the extent we were,” Dunlap said.

In the meantime, May said she hopes Indiana will consider rule changes that have encouraged pro bono service in other states. She said New York now requires attorneys in training to document 50 hours of pro bono work as a condition for licensing. Other states require annual reporting of pro bono service. May said a commission task force is considering such possible rule changes.

But May said she’d like to see more lawyers taking the initiative to work pro bono.

“In listening to attorneys who do pro bono cases, some of them tell me these are some of the most rewarding cases they’ve handled, because the people are so grateful to have assistance,” she said.

May’s successor will be selected by the Indiana Supreme Court, but those who know her by her commitment to pro bono work say she’ll be tough to replace.

“Hopefully, whoever succeeds her will see better economic times, but whether they do or not, they’re going to have big shoes to fill,” Hartig 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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