Sunday, March 15, 2009

Remove Straightjacket From Legal Aid Advocates

A Washington Post editorial comments on the recent news that the omnibus appropriations bill signed last week by President Obama set aside $390 million for Legal Services Corp., a group involved in providing wide-ranging civil legal assistance to the growing ranks of those in need. The amount is up $40 million, or 11 percent, over last year's funding level. However, the op-ed piece suggests that the federal government should do a little more:
  • [L]awmakers should go a step further and unshackle Legal Services from congressionally imposed restrictions that have kept it from working more efficiently and broadly. For example, unlike most others who represent plaintiffs, Legal Services lawyers who prevail in a civil case are prohibited from seeking legal fees from an opponent. This makes no sense, especially because any recovery of fees could supplement the group's funding.

  • Legal Services is also barred from using public or private funds to engage in a range of activities, including all class-action lawsuits, any representation of immigrants who are in the country illegally and all litigation involving abortion-related matters. While some limits on the use of taxpayer dollars may be appropriate, none should limit what local legal-aid clinics can do with money they raise privately. Sen. Tom Harkin (D-Iowa) is spearheading an effort to address many of these issues and may unveil legislation as soon as next week. Such reforms are long overdue.

For more, see Unshackling Legal Aid (An easy way for Congress to help poor people).