WASHINGTON — A key group of Democratic senators has introduced a bill to increase funding for the Legal Services Corp. and to lift many of the restrictions on LSC-funded attorneys, such as the prohibition on the filing of class actions and the collection of attorney fees.
The measure was introduced by senators Tom Harkin, D-Iowa; Edward Kennedy and John Kerry, both D-Mass.; Senate Judiciary Chairman Patrick Leahy, D-Vt.; Barbara Mikulski and Ben Cardin, both D-Md.; Dick Durbin D-Ill.; Frank Lautenberg, D-N.J.; Claire McCaskill, D-Mo; and Jeff Merkley, D-Ore.
"As a former legal services attorney, I know firsthand how crucial legal assistance is to protecting the safety, security and health of struggling families who have no place else to turn," said Harkin.
"Unfortunately, limited resources and severe restrictions on LSC-funded attorneys impede the ability of legal aid attorneys to provide the most meaningful representation," Harkin added. "This legislation restores the principle of equal justice under law."
The senators said the bill was necessary because the federal commitment to legal services is not as effective as it needs to be.
In 1974, Congress established the LSC — a nonprofit corporation funded by Congress — to fund civil legal aid. LSC, however, has not been reauthorized since 1981, and federal funding has been slashed since 1995: from $415 million to $350 million in fiscal year 2008, with only a recent increase to $390 million for fiscal year 2009.
Moreover, they added, Congress has imposed severe restrictions on the use of both federal as well as nonfederal funds — impeding attorneys' ability to provide the most effective legal assistance.
Bill raises funding to $750M
Among other provisions, the legislation, called "The Civil Access to Justice Act of 2009," does the following:
N Increases the authorized funding level for LSC to $750 million, which is approximately the amount appropriated in 1981, adjusted for inflation, which was the high-water mark for LSC funding. At the time, this level was seen as sufficient to provide a minimum level of access to legal aid in every county. Adjusted for inflation, this "minimum access" level would need to be about $750 million today.
N Lifts many of the restrictions currently placed on legal tools that LSC-funded attorneys can use to represent their clients. The bill lifts the prohibition on collecting attorney fees, permits legal aid attorneys to bring class actions grounded in existing law and permits lobbying with nonfederal funds.
