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Securing Equal Justice for All: a Brief History of Civil Legal Assistance In Securing Equal Justice for All A Brief History of Civil Legal Assistance in the United States Alan Houseman & Linda E. Perle | Revised May 2018 ACKNOWLEDGMENTS This short history is based on the previous written work of Justice Earl Johnson, Justice John Dooley, Martha Bergmark, and the authors. This is the fourth revision to our first history originally written in 2003 and revised in 2007 and 2013. The Center for Law and Social Policy (CLASP), which promotes policies to improve the lives of low-income persons, served as counsel to the National Legal Aid and Defender Association (NLADA) and its member programs between 1982 and 2012. The National Equal Justice Library (NEJL), housed at Georgetown University Law Center’s Law Library, is a repository of archival papers, oral histories, photos, and memorabilia about the History of Civil Legal Assistance History of Civil history of civil legal aid and indigent criminal defense in the United States. See, http://www.ll.georgetown.edu/nejl/ The governing entity responsible for the creation, oversight and funding of the National Equal Justice Library is the Consortium for the National Equal Justice Library. The National Legal Aid & Defender Association (NLADA), founded in 1911, is the oldest and largest national nonprofit organization whose resources are exclusively dedicated to advocating for equal access to justice for all Americans and to promoting excellence in the delivery of legal services to those who cannot afford counsel. NLADA has more than 800 civil legal aid and public defender program members that collectively represent thousands of attorneys in the 50 states, the District of Columbia, American Samoa, Guam, Puerto Rico, and the U.S. Virgin Islands. Securing Justice for All: A Brief Alan W. Houseman was CLASP’s Executive Director until August of 2013 and is now President of the Consortium for the National Equal Justice Library and a volunteer consultant to NLADA. Prior to CLASP, he was Director of the Research Institute at the Legal Services Corporation and founder and Director of Michigan Legal Services. Mr. Houseman has written widely about civil legal assistance to the poor and has been directly involved in many of the initiatives described in this paper. Mr. Houseman can be reached at [email protected] or (202) 726- 5291. Linda E. Perle was Director of Legal Services at CLASP until January of 2012. Ms. Perle had been involved with civil legal assistance since 1975 and worked at CLASP from 1988. She led CLASP’s “general counsel” work for the legal services community since 1996. The cover photo is by Shutterstock artist Delpixel. Copyright © 2018 by the Center for Law and Social Policy. All rights reserved. 2 TABLE OF CONTENTS Civil Legal Assistance History Timeline . 4 Introduction . 7 The Early Years of Legal Aid: 1876-1965 . 8 The OEO Era . 11 Legal Services Corporation . 21 History of Civil Legal Assistance History of Civil The Struggle for Survival . 29 Legal Services After the Restrictions . 40 The Legal Services Landscape 2009 – 2017 . 48 Access to Justice Movement . 56 Some Thoughts About the Future . 60 Conclusion . 62 Securing Justice for All: A Brief 3 Civil Legal Assistance History Timeline • 1967 | First Congressional attempt to place limits on legal services programs. • 1919 | Reginald Heber Smith • 1970 authorsJustice • 1963 California Rural • 1876 | German and the Poor. Ford Foundation begins Legal Assistance Immigrant Society funding legal services controversy begins. (predecessor to the demonstration projects. Legal Aid Society of New York) is founded. 1875 1885 1905 1915 1925 1960 • 1911 | National • 1921 | American Bar • 1971 Alliance of Legal Association (ABA) creates Nixon vetoes rst Aid Societies Standing Committee on Legal Services (predecessor to the Legal Aid, later changed • 1965 | Oce Corporation Act. National Legal Aid to Standing Committee of Economic Opportunity and Defender on Legal Aid and Indigent (OEO) Legal Services Association) is Defendants (SCLAID). established. First OEO founded. Legal Services Director, Clint Bamberger is hired. ABA endorses OEO Legal Services. • 1998 - LSC begins • 1980 - LSC reaches second round of state minimum access • 1994 - LSC planning and begins funding. Ronald funding reaches program reconguration. • 1974 - Reagan is elected $400 million. Congress President. passes LSC Act. • 1995 - LSC begins state • 1990 - President planning eorts to encour- • 2005 - LSC Bush supports age development of state issues Justice increased funding justice communities. Gap report. • 1977 - LSC Act for LSC. is reauthorized. 2006 1975 1985 1995 2005 • 1982 - Congress • • 1975 - LSC 1993 - President • 2003 - New LSC Board reduces LSC funds by • 1996 - Congress is established. Clinton appoints appointed by President 25%. New restrictions new LSC Board. cuts LSC funding by Bush. Supreme Court imposed on LSC funded one-third. Funding upholds IOLTA Program. programs. President for national and state Reagan uses recess support is eliminated. • 1973 - Howard Phillips power to appoint new • 2006 - ABA issues new begins to dismantle OEO, New restrictions LSC Board members Standards for Providers of including legal services. imposed on LSC antagonistic to LSC. Civil Legal Aid. ABA issues Nixon introduces new version programs and their Principles of a State System of proposed LSC Act. non-LSC funds. for the Delivery of Civil Legal Aid. ABA adopts Resolution • 1994 - on the Right to Counsel in Conservatives sweep Certain Civil Proceedings. Congress. LSC is LSC issues new targeted for elimination Performance Criteria. in Republicans’ Contract for America. • 2012 - LSC funding for 2012 cut overall by 13.9 percent; • 2009 - 14.8 percent for basic eld. New LSC Board appointed by President Obama. LSC adopts recommendations of Special Task Force on • 2014 - LSC issues updated Justice Fiscal Oversight. Funding partially restored Gap Report. and Pro Bono Innovation LSC issues Pro Bono Task Grant Program begins. IOLTA funding begins Force Report. major slide. 2017 2009 2011 2013 2015 • • 2011- 2013 - LSC funding cut LSC funding further by 4 percent. cut by sequestration. • 2017 - The Trump Administration proposes to eliminate LSC, but LSC continues to function. INTRODUCTION Civil legal assistance helps low-income people navigate various civil matters like housing evictions, home foreclosures, predatory lending, child support, and domestic violence. It also helps people access government benefits like Social Security, Veteran’s Benefits, disability, unemployment insurance, food stamps, cash assistance, and health insurance. Without the services of a lawyer, low-income people with civil- legal problems may have no practical way of protecting their rights and advancing their interests. The program to provide legal services to the poor has never been without controversy. Depending on the how the political winds have blown, support for legal services in the United States has waxed and waned. Regardless of politics, however, the civil legal Legal Assistance History of Civil assistance1 program has a long history of effective representation of low-income persons and has achieved many significant results for the low-income community from the courts, administrative agencies, and legislative bodies. With the addition of federal funding more than 50 years ago, the legal assistance program has expanded access to legal representation throughout the country and provided significant relief to millions of low-income and vulnerable persons. Without the civil legal assistance program, there would be virtually no access to civil justice for low-income persons in the United States, and the goal of equal justice for all would be only a distant dream. Although equal access to justice is far from complete, the legal services program provides vital legal assistance to our nation’s low-income community. The Center for Law and Social Policy (CLASP) and the Consortium for the National Securing Justice for All: A Brief Equal Justice Library has prepared and updated this brief history of civil legal assistance for the low-income community in the United States, from its privately funded beginnings, through its achievement of federal funding, to its expansion and growth into a national program operating throughout the United States, Puerto Rico, and former U.S. territories in the South Pacific. We also describe some of the political battles that have been fought around the legal services program and the restrictions that have come with government funding. We conclude with some brief thoughts about the future. 7 THE EARLY YEARS OF LEGAL AID 1876-1965 Prior to sustained, institutionalized efforts to provide legal aid to the poor, organizations and individual lawyers provided legal assistance to those who could not afford an attorney. The Freedman's Bureau (1865-1872) provided legal assistance in civil cases, such as debt collection, domestic violence, divorces, and labor contracts. Nineteenth-century women’s clubs and settlement houses developed a holistic approach to legal assistance for working women. For example, in Chicago, the Protective Agency for Women and Children (PAWC) pioneered an especially expansive model of legal aid. Like its counterparts in other cities, History of Civil Legal Assistance History of Civil PAWC handled wage claims, but it also helped women with a range of other issues: domestic violence, sexual assault, household debt, spousal abandonment, and even, although only in extreme circumstances, divorce. Sustained efforts to provide civil legal assistance
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