The Indiana Pro Bono Commission Bridging the Gap to Justice Helping Hoosiers through the economic crisis A promotional supplement to Indiana Lawyer Back home again in Indiana Legal Services, Chris Purnell from the By Hon. Melissa May, Chair Neighborhood Christian Legal Clinic, Indiana Pro Bono Commission Christine Jackson, a practitioner from Indianapolis, and Gabrielle Owens from This has been a the Indiana Attorney General’s office. busy year for the These experts put together a three- Indiana Pro Bono hour seminar, with numerous written Commission. In materials, which was then replayed addition to the over forty different times throughout Commission’s the state. The administrators of the pro normal duties, our bono districts were invaluable in their Chief Justice of assistance by setting up and running Indiana, Randall T. these replays. Shepard, tasked the May With the help of Monica Fennell, our Indiana Pro Bono Executive Director, our plan adminis- Commission with trators, ICLEF, our panelists and more Plan administrator Timi Sloat receiving helping train more lawyers than any people than I can mention, including recognition at Shepard Dinner from Judge other state to help homeowners facing Attorney General Greg Zoeller, more Melissa May for the pro bono districts’ work on foreclosure prevention the loss of their homes. than 1,000 lawyers, judges and mediators We determined that the best way to were trained to assist Indiana homeown- train lawyers would be to create a video, ers facing foreclosure. I wish to express have also faced the difficulty of decreas- which would then be replayed through- my appreciation for all of the time and ing interest rates, reducing the amount out the state. To that end, the Indiana hard work all of these people put toward of funding available to the districts. The Continuing Legal Education Forum assisting the homeowners of Indiana. districts should be congratulated for the generously agreed to tape that video, at In addition to this huge effort, each effort they put forth this year in not only no cost to the Pro Bono Commission. of the districts have assisted more people running their programs successfully, but Professor Judith Fox from University than ever before with their legal needs. also in understanding the restrictions of Notre Dame Law School agreed to More lawyers than before have given faced because of reduced funding. The chair the foreclosure panel of experts. their time and effort with the tough situ- Pro Bono Commission is facing a tough Additional panelists were Professor Alan ations faced by Indiana residents during year with decreased income and rising White from Valparaiso University School this economic downturn. legal needs. I feel confident our members of Law, Marcy Wenzler from Indiana The Commission and the districts and districts are up for the challenge.■ Indiana Pro Bono Commission Members Hon. Melissa May, Chair Mary Fondrisi Dr. Michael Jenuwine Carl R. Pebworth Indiana Court of Smith, Carpenter, Thompson, Notre Dame Legal Aid Clinic Baker & Daniels, LLP Appeals, 4th District Fondrisi & Cummins, LLC South Bend Indianapolis Indianapolis Jeffersonville Kimberly Kass Stephen Rodriguez Hon. David Avery David Friedrich Valparaiso University Indiana Legal Services Allen Superior Court Wilkinson, Goeller, Modesitt, School of Law Merrillville Fort Wayne Wilkinson, & Drummy, LLP Valparaiso Terre Haute Edward Stachowicz Alan Burke Jonna Kane MacDougall Indiana Legal Services Burke & Heller Sue Ann Hartig Indiana University School of Lafayette Rochester Legal Aid Society of Law—Indianapolis Evansville, Inc. Hon. Elizabeth Tavitas Thomas Davis Evansville Novella Nedeff Lake Superior Court Frost Brown Todd LLC Indiana University School of Gary Indianapolis Sarah Holterhoff Law—Indianapolis Valparaiso University Carwina Weng James Dimos School of Law Catherine Nestrick Indiana University Maurer School Frost Brown Todd LLC Valparaiso Bamberger, Foreman, Oswald of Law Indianapolis and Hahn Bloomington Evansville 2 Indiana Pro Bono Commission ■ March 17, 2010 The plan to help homeowners in need By Elizabeth Daulton, Project Manager, Mortgage Foreclosure Trial Court Assistance Project for the Division of State Court Administration Indiana’s mortgage foreclosure rates are among the highest in the country, largely due to the decline of the automo- tive and manufacturing industries. In 2008, the state saw 45,934 foreclosures – a more than 50 percent increase since 2003. Foreclosure leads to higher per- sonal bankruptcy rates and depreciates the surrounding neighborhoods, result- ing in economic losses for more than just the homeowner. Foreclosure negatively affects creditors, as well. Houses which have been abandoned for an extended period of time are rarely able to recoup Chief Justice Randall Shepard speaking about foreclosure prevention initiatives with Attorney the amount owed to the lender. General Greg Zoeller, Judge Melissa May, and State Senator Karen Tallian in Evansville In January 2009, Chief Justice Randall T. Shepard addressed the The announcement that more than in Fort Wayne “bounced back” because foreclosure crisis, vowing to train more 1,000 attorneys, judges, and mediators the homes had already been abandoned. judges, mediators and lawyers than any were trained through the program made “A settlement conference can be daunt- other state on how to deal with foreclo- headlines across the state. However, ing for borrowers during the foreclosure sure cases. The “Back Home In Indiana the Supreme Court and the Pro Bono process, especially to face alone,” said – Guiding Homeowners Through Commission made it clear there was Indiana Attorney General Greg Zoeller. Foreclosure” training program began in more work to be done. The Indiana Housing and March with sessions all across the state. New state legislation requires a Community Development Authority Sponsored by the Supreme Court, the creditor to notify a homeowner facing (IHCDA) reports many of the requested Indiana Commission for Continuing foreclosure of the homeowner’s right to settlement conferences were unsuccess- Legal Education and the Pro Bono participate in a settlement conference. ful because one or both parties were not Commission, the program also had the Senate Enrolled Act 492, authored by prepared. Homeowners failed to bring support of the State Bar and the Indiana Senator Tallian, levies a $50 filing fee the necessary documents, or had not Continuing Legal Education Forum. All on all mortgage foreclosure cases and prepared a budget and were unaware of 14 District Plan Administrators worked requires that the homeowner be notified the maximum monthly amount they to encourage local attorneys to serve of his or her right to request a settlement were able to pay. Lenders sent entry-level their community by taking part in the conference with the lender. A portion employees who had no real authority effort to stem foreclosures. of this filing fee will be remitted to to agree to any mortgage changes. A By September 2009, Chief Justice the Indiana Supreme Court to con- clear need existed for more organiza- Randall T. Shepard, Court of Appeals duct training and hire coordinators to tion between the parties–there was no Judge Melissa May, Attorney General organize and assist with these settlement standard process coordinating the local Greg Zoeller and State Senator Karen conferences. pro bono districts, courts, lenders, and Tallian travelled to one of the final Very few homeowners have taken homeowners. training sessions in Evansville orga- advantage of the settlement conference After discussing the situation with a nized by District 13 Plan Administrator provision. Many individuals who have number of trial judges, the Division of Beverly Corn. Pro Bono Commission already received foreclosure documents State Court Administration (STAD) has Chair Judge Melissa May explained, simply don’t open or read any mail they partnered with the Indiana Housing and “The interest shown by our panel of receive from the lender. Others don’t Community Development Authority experts and from attorneys and media- know precisely what a settlement confer- to create a system for coordinating all tors across the state has been heartwarm- ence entails or believe that they need settlement conferences on a county or ing. It shows the willingness of Indiana to hire an attorney and are unable to district-wide basis. attorneys to help their fellow Hoosiers afford one. Nearly half of the 400 letters This program was launched on a pilot who are facing the loss of their homes.” sent to homeowners facing foreclosure HOMEOWNERS • page 23 Indiana Pro Bono Commission ■ March 17, 2010 3 Legal needs of the poor study helps increase access to justice By Monica Fennell, Executive Director, legal service providers, employees of status, and limited English proficiency. Indiana Pro Bono Commission social service and government agencies Even if low-income Hoosiers do know serving the poor, and Indiana Legal that free legal assistance is available to As noted by Services employees, clients, potential them, there is also an insufficient number many of the clients, and Board members. of attorneys serving the low-income articles in this Legal needs studies in other states have population, another barrier found in the insert to the found that low-income households have, study. Along with the dearth of pro bono Indiana Lawyer, on average, anywhere from 1 to 3.5 legal and legal aid attorneys come long waits the downturn in needs. The Indiana study, as with other