Millions of low-income Americans unable to afford a private lawyer have for the past twenty years depended on free services provided by neighborhood legal services programs. Legal Services attorneys assist with unlawful evictions, restraining orders in cases of domestic violence, illegal cuts in welfare payments, consumer fraud and many other non-criminal legal issues. (See the previous article to read about challenges to cuts in GA programs led by legal aid groups).
In 1974, President Nixon established The Legal Services Corporation (LSC), an agency that funds legal assistance for the poor. Underlying the formation of LSC was the conviction that principles such as due process, equal protection and "liberty and justice for all" applied not only to those who could afford an attorney but to the poor as well. These principles are now under attack as Congress ruthlessly disables LSC.
Bills pending in both the House and Senate will slash funding for LSC-funded programs across the country. A joint House-Senate conference committee will produce a final bill sometime in November. Nationally, budget cuts may come closer to 40% because of the presence of national support centers such as the National Center on Youth Law, the National Health Law Program, and the National Housing Law Project which will loose all LSC funding. These cuts will require neighborhood legal service programs to eliminate representation in some areas of civil law and to reduce the number of clients the programs can serve.
At least equal in importance to the funding cuts are numerous prohibitions contained in the legislation on the types of legal services which may be provided by LSC funded programs. Legal Services offices will be prohibited from participating in most, if not all, class action lawsuits, welfare advocacy, administrative rulemaking or legislative advocacy, and litigation against non-government defendants when attorneys fees may be awarded - even if private attorneys are unwilling to take the case. Legal Services offices will also be prohibited from representing illegal aliens or prisoners in any civil action, even those involving infringements of constitutional rights.
Yet more drastic action from Congress is already in the works. Many conservative Republicans want to eliminate LSC altogether. Legislation is expected to be introduced next year which will phase out the LSC in two years or less and add more restrictions to the services which may be provided during its remaining life.
Legal Services has for two decades been at the forefront of protecting
the rights of the poor. Successful class action lawsuits and welfare and
legislative advocacy have protected hundreds of thousands of poor people
nationwide from capricious and illegal government and private sector actions.
The Legislation which Congress is expected to adopt will preclude legal
services' future involvement in these cases. "Justice for all" will become
an ever more illusory pledge.