American Bar Association Presents the 2019 Harrison Tweed Award to the Philadelphia Bar Association For a Decade of Advocacy by the Civil Gideon and Access to Justice Task Force

(From left to right) Radhika Singh, chief of the civil legal services division at the National Legal Aid & Defender Association; Chancellor Rochelle M. Fedullo; Harvey Hurdle Jr.; and Ted Howard, chair of the Standing Committee on Legal Aid and Indigent Defendants for the American Bar Association, with the 2019 Tweed Award at the awards ceremony on Aug. 9.

By Joseph A. Sullivan

n June, the American Bar Association announced litigants facing eviction or other hous- ing deprivations. In the majority of such that it was honoring the Philadelphia Bar cases in Philadelphia, tenants have faced Association with the prestigious 2019 Harrison the prospect of losing their homes or I apartments without the benefit of legal Tweed Award for extraordinary achievements in counsel to represent them. developing creative strategies to advance access to Harrison Tweed’s extraordinary legal career began early in the 20th century. justice. After graduation from in 1910 and service as a captain In selecting the Association, the ABA’s Standing Committee in World War I, he joined a predecessor firm to , Tweed, on Legal Aid and Indigent Defense and the National Legal Aid where he remained as a partner for the remainder of his life. In & Defenders Association recognized the outstanding work of the 1932, he was appointed the chairman of the legal aid committee Association in seeking to level the playing field for low-income of the Association of the Bar of the City of , leading

28 the philadelphia Fall 2019 The 2019 Tweed Award is the fifth time the Philadelphia Bar Association has won the prestigious national honor since its creation in 1956 – more than any other bar association in the nation.

to a lifetime affinity for organized bar as- since its creation in 1956 – more than any dren is at stake. Inspired originally by an sociations. He was an early adherent of other bar association in the nation. The ABA resolution in August 2006 calling for the necessity of providing competent legal Association was last recognized 10 years a right to counsel in adversarial proceed- services for all, calling legal aid “an obliga- ago in 2009, when it was honored for the ings for low-income persons who could tion of the bar” and essential to the success landmark mortgage foreclose diversion not afford counsel, and followed shortly of the adversary legal system. He served program, spearheaded by then- Court of thereafter by a similar Philadelphia Bar As- as president of the Legal Aid Society of Common Pleas Judges Annette Rizzo and sociation resolution, the Task Force set out New York from 1936 through 1945, and Darnell Jones with an intense commitment to explore and investigate. It is noteworthy as president of the NLADA from 1949 to of sections and committees of the Associa- that the term “civil Gideon” was inspired 1955. In 1945, he was elected president of tion, and several public interest law cen- by the foundational U.S. Supreme Court the Bar Association, where ters, including Community Legal Services, decision in Gideon v. Wainwright, in which he brought in many youngers and Philadelphia Legal Assistance and Phila- the court held that criminal defendants un- infused the association with a new level of delphia VIP. able to hire counsel could not possibly en- activism, focusing on public service. Ten years ago in 2009, then-Chancellor force their Sixth Amendment rights to be The Philadelphia Bar Association’s Sayde Ladov and bar leaders created the heard and to obtain compulsory process of work in the low-income housing area falls Association’s Civil Gideon and Access to the law without lawyers, and that all crimi- squarely within the ambit of the Tweed Justice Task Force to address the need for nal defendants unable to afford counsel had Award, which recognizes outstanding counsel in adversarial civil proceedings a right to appointed counsel at government achievements of state and local bar associa- in fundamental areas of legal need, and expense. The concept of “civil Gideon” is tions that develop or significantly expand to explore other means to widen access to an analogue of this landmark ruling in the programs to increase access to civil legal justice. Fundamental areas of legal need civil context. services or to expand indigent criminal de- include representation involving access to For years, legal experts have recited a fense services. The 2019 Tweed Award is housing, including mortgage foreclosures number of reasons why parties in adversar- the fifth time the Philadelphia Bar Associa- and evictions, as well as health care and ial proceedings need lawyers. There is of- tion has won the prestigious national honor family matters in which access to chil- ten an imbalance of power between a rep-

From left to right: Joseph A. Sullivan, cochair of the Association's Delivery of Legal Services Committee and director of pro bono programs at Pepper Hamilton LLP; Ethan D. Fogel, partner at Dechert LLP: and Merril Zebe at the Tweed Award ceremony in San Francisco on Aug. 9

the philadelphia lawyer Fall 2019 29 From the outset, the goal has been to identify both the “big picture” and the many small factors in the lack of representation . No issue was too great or too small to merit attention.

resented party and a party without a lawyer. source that provides a real-time over- points of many and incorporate their ideas The latter is limited in its ability to learn view of the Task Force’s activities and – gradually raised the profile of the criti- and understand what the law says and how educates the legal community and the cal need for more resources to address the it operates, how legal proceedings unfold public about the need for improved ac- housing crisis in Philadelphia. Not surpris- and the possible outcomes in any given cess to justice. ingly, it also drew the Association and the proceeding. Without lawyers, low-income • In 2012, the Task Force’s Housing Task Force closer to parallel or related ef- parties often do not know what claims or Working Group launched the Landlord forts by city council and the mayor’s office. defenses they may have, or how to assert Tenant Legal Help Center, a collabora- As a result, over time, there has become a them. Put simply, “civil Gideon” aims to tive project that operates in Municipal growing and more widely-known consen- level the playing field, echoing Tweed’s Court and is an extraordinary partner- sus and energy around the need for reform. view that representation is critical to the ship among the courts, multiple public The Association’s crowning achieve- success of the adversary legal system. interest law centers, law firm pro bono ments in addressing the housing crisis have From the outset, the Task Force has attorneys, and law students. The col- come in the last two-plus years. The Asso- aimed high, working diligently over the laborative raised private funding to ciation was a driving force in leading city past decade, and with growing momentum hire a part-time attorney to operate the council to hold a hearing in March 2017, in the last three years, to develop and sub- Help Center from 2012 through 2017. chaired by Councilmembers Helen Gym stantially expand resources for representa- During this time, the Help Center pro- and Maria D. Quinones-Sanchez, focus- tion of low income individuals. vided limited representation, brief ser- ing on the eviction crisis. The Association The Task Force itself is a small wonder. vices, advice, referral, and information met with key members of the staff of coun- Its diverse, 25-plus members include Chan- in over 4,500 cases, involving more cilmembers on the need for hearings that cellor Shelli Fedullo, several past chancel- than 9,750 low-income adult tenants would lay out the scope of the crisis, and lors, more than 10 members of the federal and children. highlight the real-world impact of the cri- and state judiciary, law professors and prac- • In 2013, the Association was awarded sis on low-income residents. By intention, ticing public interest and private bar attor- an ABA grant that enabled the Task this included testimony from tenants who neys. The membership has changed only Force to create the “Pennsylvania had lawyers representing them, and other slightly over the years, with most members Civil Legal Justice Coalition,” which tenants who did not have the benefit of le- staying focused and determined to make organized hearings in Pittsburgh, Har- gal assistance and were ultimately evicted. the legal system more accessible for those risburg and Philadelphia conducted The Task Force then reached out to with the greatest fundamental needs. In so by the Pennsylvania Senate Judiciary obtain testimony from city departments, doing, the Task Force has created a realistic Committee on the civil justice gap in tenant advocates, health care providers set of programs that have begun to signifi- Pennsylvania and, in May 2014, re- and other tenants. The Association and the cantly enhance resources that will make a leased a report titled “Toward Equal Task Force also solicited oral and written difference. Justice for All: Report of the Civil Le- testimony, and renewed the call for a right From the outset, the goal has been gal Justice Coalition.” to counsel for low-income tenants facing to identify both the “big picture” and the • In 2015, the Task Force’s Family eviction. many small factors in the lack of represen- Working Group launched a court-based Finally, the Association and the Task tation . No issue was too great or too small education/information Help Desk in Force reached out, with the help of the New to merit attention. For example, because of Family Court, utilizing volunteer fam- York legal community, to Stout Risius Ross, its reputation for integrity and credibility, ily law attorneys and staff from legal LLC, who had been doing housing repre- the Association was able to work directly aid programs. Since its inception, this sentation investigating work in New York. over several years with the judiciary in cre- Help Center has provided assistance Stout agreed, on a pro bono basis, to con- ating a Help Desk in Family Court and a to 6,834 unrepresented litigants. The duct an exhaustive review of court dockets, Landlord-Tenant Help Center in Municipal Help Center’s success has led to plans other public records and other housing data Court. This required entering into an ongo- to expand services to include divorce in Philadelphia. That work culminated in ing dialogue that led to specific measures cases. the Stout cost-benefit study released in No- and pilot programs to expand resources for This comprehensive approach – seeking vember 2018 that provides a data-driven fi- low-income litigants, such as court naviga- input from a broad swath of the legal com- nancial foundation for proposing additional tors and instructional and legal materials munity, as well as housing and community funding for housing-related services. One available in the courthouse. advocates, and of course, the mayor’s of- key finding is that for an annual investment Other key developments have included: fice and city council has paid off. The will- of $3.5 million for legal representation, the • In 2010, the Task Force created the ingness to pursue an incremental approach city would save an estimate of $42.2 mil- Civil Gideon Corner, an online re- – to reach out, listen and respect the view- lion in other costs, such as shelter outlays,

30 the philadelphia lawyer fall 2019 The Association did not simply reach out, but listened carefully and incor- porated what it learned—including all voices at every stage of its work.

emergency room visits, social services and delphia. In fact, following the March In sum, the Association’s unparalleled other expenditures. Put another way, for 2017 hearing, and the attendant publicity, advocacy, fueled by collaboration, creativ- every dollar invested in legal representa- city council allocated $500,000 to fund the ity and inclusion, has made the promise of tion, the City would conservatively save Philadelphia Eviction Prevention Project greater resources and representation pos- more than $12 in avoided costs. in fiscal year 2018, followed by an addi- sible, fulfilling one of the principal aspira- Since the March 2017 hearing, more tional allocation of $950,000 in fiscal year tions of the creators of the Tweed Award, than 25 articles, op-ed features and social 2019. Just recently, it was announced that developing and expanding projects to media pieces have put this issue on the funding for PEPP will be increased to $2 “increase access to civil legal services for front burner. Most recently, in March of million for the coming fiscal year. persons living in poverty.” While more re- this year, Chancellor Fedullo hosted a fo- The hallmarks of the Association’s suc- mains to be done, one Task Force member rum featuring a panel of specialists who cess so far have been the broadest possible was heard to say: “It’s a whole new day for explained the importance of funding coun- collaboration with both the judiciary and housing in Philadelphia.” sel for low-income tenants facing eviction, the legislative (city council) and execu- and how it can be done as a practical mat- tive (mayor’s office) branches—but also Joseph A. Sullivan (sullivanja@pep- ter. Shortly after, the Philadelphia Inquirer with the widest possible swath of legal and perlaw.com ) is the director of pro bono editorial board voiced support for funding other professionals and community mem- programs at Pepper Hamilton LLP and for low-income tenants at risk, citing the bers. The Association did not simply reach cochair of the Delivery of Legal Services Association for its work. out, but listened carefully and incorporated Committee. Taken together, these actions offer the what it learned—including all voices at ev- very real promise of significantly enhanced ery stage of its work. It also respected the funding for housing improvements and value of incremental steps in raising the greater representation of low-income per- profile of the crisis, and developing solu- sons in landlord-tenant disputes in Phila- tions.

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