Kim Was a Resident of the Minnesota Veteran's Home in Hastings When
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Southern Minnesota Regional Legal Services 2012 ANNUAL REPORT Over 100 Years of Service Blue Earth Brown Carver Cottonwood of Minnesotans Dakota currently live in Dodge poverty. Faribault 11% (US Census Bureau, 2010) Fillmore Freeborn Goodhue Houston Jackson Le Sueur of the state’s Martin McLeod poverty population Mower falls within SMRLS’ Murray 38% service area. Nicollet Nobles Olmsted Pipestone Ramsey Redwood total number of Rice counties covered by Rock SMRLS, all receiving Scott a full range of legal Sibley 33 services. Steele Wabasha Waseca Washington Watonwan Winona Over 100 Years of Service o all SMRLS friends and colleagues, thank you for your unwavering support of SMRLS and Tits client-centered mission this past year. And what a dynamic year it has been. The eligible client population throughout SMRLS service area continues to access needed legal assistance. In 2012, with the assistance of a vibrant volunteer attorney panel and others, SMRLS closed nearly 10,000 cases, helping over 25,000 individuals and family members. Another 20,000 persons were helped as a result of community education and outreach initiatives. This high quality, effective legal assistance translates into approximately 3,500 persons being empowered to maintain safe, affordable housing; 2,000 individuals obtaining access to essentials such as food and medical care; and 1,000 children and families remaining free from violence and abuse. Other favorable outcomes were realized in SMRLS’ education law and immigration/naturalization practice areas as well as in its appellate practice. Jessie R. Nicholson, Chief Executive Offi cer The dynamism of SMRLS staff is second-to-none! While the program is experiencing the loss of some of its most seasoned, professional staff through retirement, fortunately it is able to bring on new and enthusiastic talent to enhance its ability to meet its mission. What a contrast to just a few short years ago when SMRLS experienced a hiring freeze due to the economic downturn! And even with this transition in staff, the average attorney experience level is approximately 17 years. Though perpetually an issue for any non-profi t legal aid provider, SMRLS is experiencing some stability in its primary revenue sources. The 2012 state legislative session resulted in a $1.25 million annual increase for statewide civil legal services funding. SMRLS’ share of this increase is approximately 38%, as funding is distributed based on percentage of poverty population served. Additionally, because the 2010 census demonstrated an increase in the poverty population, federal Legal Services Corporation (LSC) funding was increased slightly to refl ect growing need. And as you will note elsewhere in the annual report, private and J. Scott Braden, Board President foundation fundraising continues on a good pace. On behalf of SMRLS’ clients, its staff and board, we extend our warmest regards and heartfelt thanks for your past support and ongoing committment to the mission of equal justice. Respectfully, Jessie R. Nicholson, Esq. J. Scott Braden, Esq. SMRLS Chief Executive Offi cer SMRLS Board President “Thank you so much for helping me to win my case. I have no words strong enough to express my gratitude.” – SMRLS Client Mission & Activities o provide a full range of high quality legal services to low income persons and eligible client groups Tin civil matters, in a respectful manner which enables clients to: • enforce their legal rights; • obtain effective access to the courts, administrative agencies and forums which constitute our system of justice; • maintain freedom from hunger, homelessness, sickness and abuse; • empower persons and assure equal opportunity, thus, helping people to help themselves and become economically self-reliant, to the extent their individual abilities and circumstances permit. SMRLS, through a diverse, respectful and fair working environment, and legal assistance and community education activities, shall promote and respect the dignity of low-income persons and shall seek new and effective solutions to the critical and common legal problems of low-income persons which arise in a broad community context. Health Care, Individual Rights, Family Employment In 2012, SMRLS closed 23% 10% Consumer Law, 9,935 cases Farmers 9% and helped a total of 27,631 low-income persons Benefits 16% meet their critical Housing 35% legal needs. Youth, Education, Citizenship 7% Partners in Justice im was a resident of the Minnesota Veteran’s Home in Hastings when one day she accidentally collided with Kher roommate in their room. Kim was moving out and her roommate was not supposed to be present. No one was injured but, a few days later, Kim was accused of posing an immediate threat to the health and safety of other residents. She was subsequently discharged from the Home the day after a major snowstorm. With nowhere to go, Kim – who had served as a nurse in the military – became homeless for nearly a year until she connected with SMRLS. In SMRLS, Kim found an ally. As the case quickly escalated, Mike Hagedorn (SMRLS Litigation Coordinator), former SMRLS staff attorney Andrea Jepsen and attorneys from the Briggs and Morgan fi rm John Degnan and Ankoor Bagchi all signed on. Working as a truly collaborative team, the group fi led a civil rights action in district court. At an emergency hearing, they argued that Kim was entitled to a pre-termination hearing, given the vulnerable position of MN Veteran’s Home residents, who are unable to otherwise care for or provide for themselves. The court agreed, granted the injunction, and Kim was readmitted. Subsequently, the team secured a favorable monetary settlement for Kim, allowing her an opportunity to live on her own. In addition to securing safe and stable housing for their client, the team also Mike Hagedorn (Litigation Coordinator, SMRLS), John M. Degnan (Shareholder, Briggs and ensured that the Home enacted Morgan), Ankoor Bagchi (Associate Attorney, Briggs and Morgan). several measures that should already have been in place for all of the veterans in the Home. Among these: home staff were required to receive training in reasonable accommodations from an approved housing agency (such as HUD), to post detailed notices about reasonable accommodations in obvious, in easy-to-read places, and to give reasonable accommodation notices at admission and with discharge notices. Also, the veteran’s ombudsman would receive the notice to allow assistance to the veteran. The discharge notice now must explicitly state that a veteran can remain in the home until he or she receives a decision in a contested hearing. Finally, the settlement resulted in signifi cant attorneys’ fees awarded to SMRLS pursuant to the civil rights action, providing critical support to the pursuit of equal justice. From 2009, homelessness in Minnesota has increased by (Amherst H. Wilder Foundation. “Homelessness in Minnesota,” 2012 Study)6% A Second Chance r. Koua Fong Lee was driving home from church with his family on June 10, 2006 when his Toyota MCamry accelerated on an exit ramp and hit another vehicle, killing two passengers. Mr. Lee was convicted of criminal vehicular homicide in 2007 and sentenced to 8 years in jail. Two years later, his attorney presented new evidence on the Toyota unintended acceleration problems – millions of vehicles were re-called because of this problem – and Mr. Lee was granted a new trial. The Ramsey County Attorney dismissed the criminal charges against Mr. Lee and he was released from jail in August 2010 after serving over two and a half years. Mr. Lee and his family immigrated to the United States as refugees from Laos in 2004. His wife and children became Lawful Permanent Residents (green card holders) but his application was never approved. Mr. Lee came to SMRLS for assistance following his release from jail. SMRLS attorney Jennifer Stohl Powell investigated his case and found that his green card application was still pending. SMRLS attorney Lou Her accompanied Mr. Lee to his immigration interview and he was approved for his green card. SMRLS then helped Mr. Lee apply to become a United States citizen and accompanied him to his naturalization interview. Mr. Koua Jennifer Stohl Powell (Senior Leadership Attorney, SMRLS), Koua Fong Lee, Judge Susan Richard Nelson, Panghoua Moua (Mr. Lee’s Wife). Fong Lee was sworn in as a United States citizen on May 16, 2012. 1 in 5 of recent immigrants to Minnesota is a refugee or asylee fl eeing persecution in their homeland. (Wilder Research / The Minneapolis Foundation. “A New Age of Immigrants: Making Immigration Work for MN,” 2010) Safe at Home oung brothers, Travis and Taylor, were living in Yextremely unsafe conditions; their house was plagued by domestic violence and their parents struggled with drug and alcohol abuse. Child protective services was contacted and, without a court order, all agreed that the children should go to live with their maternal grandparents. Three years later, the children’s biological father sued for custody and parenting time. Their mother, now residing out-of-state, wanted her sons to continue to live with her parents. Their father’s lifestyle has not much changed and still posed a signifi cant threat to the children’s well-being. Furthermore, by this time, Travis and Taylor had spent most of their lives with their grandparents; another move seriously threatened their stability. Despite these concerns Travis and Taylor with their Grandparents. a Judge made it clear at an initial hearing that children belong with biological parents except in cases of extraordinary circumstance. Eric Richard, SMRLS staff attorney, was able to convince “Eric … It was one of the best the father and his counsel to work with a custody evaluator. After the evaluator met with the maternal days of all four of our lives grandparents, and the father and his family, she begged the judge to leave the children in their grandparents’ when we got you as a lawyer.