|
print
|
|
|
email
|
|
translate
|
Essential Funding for Indigent Civil Legal Services
Resolution of the North Carolina Equal Access to Justice Commission
Regarding Essential Funding for Indigent Civil Legal Services
Whereas, the North Carolina Equal Access to Justice Commission established by the Chief Justice of the North Carolina Supreme Court seeks to further the goal to promote meaningful access to legal representation in the state justice system for all persons regardless of their economic or social condition;
Whereas, the existing civil legal services programs in the state and the organized pro bono attorney programs are able to meet no more than 20% of the civil legal assistance needs of low-income residents of North Carolina;
Whereas, the needs of low-income residents are particularly urgent and often a matter of life and death in that they affect the needs of domestic violence victims and their children for safety; the needs of homeless families and near-homeless families for shelter; the needs of people who are disabled, unemployed and underemployed for subsistence income or a livable wage; the needs of uninsured people for health care; the needs of seniors and other vulnerable people who have been taken advantage of by disreputable businesses; and other such critical needs that affect people's ability to function without sufficient income in our complex society;
Whereas, legal aid programs offer the only realistic avenue for millions of low-income people in North Carolina to address very serious problems and minimize the overwhelming suffering and stress brought on by the lack of financial resources;
Whereas, twenty-five years ago the federal Legal Services Corporation adopted a “minimum access” goal of providing two full-time attorneys for every 10,000 eligible low-income persons, and began to approach that goal, but federal LSC funding has declined over 50% since that time as the number of low-income persons has grown;
Whereas, legal aid programs in N.C. struggle daily to raise more funds from all sectors, employ attorneys who sacrifice themselves and their families by accepting lower wages than they might earn in other legal careers, engage private attorneys to donate their time in pro bono efforts, and set priorities to serve people who have the most basic of human needs;
Whereas, state funding for these legal aid programs is far below what other states are providing for free legal services on a per capita basis given the poverty population;
and
Whereas private attorneys recognize their special role and obligation to make civil legal assistance available to all persons in North Carolina, including those people who cannot afford to pay for it, and to provide equal justice for the poor in our society.
NOW, THEREFORE, the North Carolina Equal Access to Justice Commission adopts the following resolution:
1. Sufficient funding from all sources should be provided to ensure that there are a minimum of two full-time staff attorneys in indigent civil legal assistance programs for every 10,000 eligible low-income people in all areas of the State of North Carolina;
2. Every private attorney in North Carolina is encouraged to:
a. Participate in the Interest on Lawyers Trust Account Plan of the North
Carolina State Bar;
b. Provide volunteer assistance of at least 30 hours per year to low-
income persons through a pro bono program operated by a local legal
services program or bar organization;
c. Provide financial support in the amount of at least the value of two
billable hours (currently averaging approximately $400) to the annual
campaign sponsored by a local legal services program, or by a local
office of Legal Aid of North Carolina, or by any specialized legal
services programs in North Carolina; and,
d. Adopt a flexible approach in fulfilling these professional obligations
(e.g., new attorneys may contribute more pro bono hours and less
money; while senior attorneys might find it more effective to contribute
more money and fewer hours, depending on their areas of practice).
3. The North Carolina General Assembly is encouraged to increase the amount of, and broaden the inclusiveness of, state funds to ensure that all residents of the state have a minimum level of access where basic human needs are at stake, such as those involving life, safety, health, sustenance, shelter, or child custody. To this end, we ask the NC General Assembly to:
a. Increase the amount of court costs so as to increase the allocation to
the Access to Civil Justice Act from its current level to at least five
dollars [$5.00] per case over a prompt and reasonable time period;
b. Increase the amount of funds allocated to the Domestic Violence Victim
Assistance Act to ensure that every indigent victim of domestic violence
has access to legal advice and representation;
c. Allocate funds for legal assistance for foreclosure prevention and
defense, prevention and defense of predatory lending and other
consumer protection matters, protection of military veterans and
disabled persons, and such other urgent legal needs as are necessary
to prevent immediate and severe harm to vulnerable residents; and,
most importantly,
d. Understand that legal assistance is crucial to low-income people having
opportunities to mitigate the stress and suffering of poverty, to pull
themselves out of poverty, to live as self-sufficiently as is possible – all
of which will reduce the social costs of poverty for all North Carolinians.
4. Corporations, private foundations, communities of faith, and individuals are encouraged to understand the vital role that legal assistance plays in helping low-income people to develop to their potential and obtain the basis necessities of life that other people take for granted. Particularly, all sectors of society should offer technical assistance and financial support to legal aid programs that will enable them to respond to those needs for legal assistance that directly relate to basic human needs, such as for housing, subsistence income, protection of essential property, education, child custody, and safety from domestic violence.
This the 23 day of February 2007.
/s/ Sarah Parker /s/
Sarah Parker, Chief Justice
North Carolina Supreme Court
On behalf of the N.C. Equal Access to Justice Commission
|
