Editors Note:

Jeannette Henderson and Patricia Roulhac are valued administrative staff whom have both worked for the Legal Aid Society for over 20 years – indeed our longest tenured employees!  Jeannette and Pat were asked to provide a brief glimpse of some of the changes they have seen at Legal Aid over the years.   As you can see from their post below, they remain strong in their commitment to Legal Aid and the services we provide.

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Patricia Roulhac Secretary/Receptionist

Jeannette Henderson Administrative Assistant

  The Legal Aid Society, 21 years ago, was housed at 666 11^th Street, NW with a Family Branch located in the Superior Court.  Since then the Society has evolved into a very sophisticated organization.  We have always had committed lawyers working for the organization, but now we have an even stronger presence in the community.  We have never seen so many young lawyers more committed to a cause than the ones who have worked for Legal Aid over the years.  Our lawyers continue to truly make a difference in the lives of our clients.

Being the two longest tenured employees at Legal Aid, we can remember using rotary phones and electric typewriters.  Where have the years gone?  Seems like only yesterday.  When we started there was a paid staff of twelve, of which six attorneys represented our clients in court with the help of three volunteer attorneys.  Now, today, we are located at 1331 H Street, NW and have grown to a staff of thirty-nine.  Some of our staff is bilingual so they are in an even better position to overcome language barriers.  Legal Aid has come a long way since 1989 and when we only had two attorneys who spoke Spanish.  Today, we provide services in the areas of Family, Housing, Public Benefits, Consumer and Appellate Advocacy and all areas have at least one Spanish speaking attorney and/or staff member. 

With the support of law firms and individuals through the community we have seen the Legal Aid program expand.  While law firms provide much needed monetary support, several firms also provide one thing money can’t give and that’s the valuable time of a young associate.  A firm sends a young associate to work at Legal Aid for a six month rotation, which really makes huge difference in the lives of our clients. 

Legal Aid is now an organization that consists of an Executive Director, Legal Director, Chief Operations Officer, Director of Development, Development Associate, Director of Pro Bono and Intake Programs, a Family Law Unit, a Housing Unit, a Public Benefits Unit, Loaned Associates, Volunteer Attorneys, Appellate Fellow, Administrative Assistant, Legal Secretary, Legal Administrative Assistant, Intake Coordinator/Investigator and Interns. We are proud to say that the various titles really only mean one thing, it doesn’t matter what your position is at Legal Aid, we all come together as one to make a real difference in someone’s life who would otherwise fall by the wayside.

The Washington Post published an opinion piece by Yaida Ford, Legal Aid Public Benefits Unit Attorney, this past Sunday.  In the article, Yaida discusses her thoughts about the need for more black men to become mentors to the young men who are searching for guidance.

Executive Director

The Columbia School of Law and the Society of American Law Teachers (SALT) have been tracking the impact the 2003 Supreme Court decision in Grutter v. Bollinger.   Grutter challenged the University of Michigan School of Law’s admission policy on the grounds that it discriminated against white students.   The Supreme Court found that diversity in the student body was a compelling state interest that permitted race conscious admissions policies, and provided a framework for law schools to develop a policy within the bounds of the Constitution.

Columbia and SALT have found that the effect of the decision was not to increase diversity, but quite the opposite.   The percentage of students in law school classes who are African American or Mexican American is down significantly despite that the GPA’s and LSAT scores of African American and Mexican American students have steadily improved and they continue to apply to law school in constant numbers.   The data published by Columbia and SALT is compelling and well worth reviewing.      The available data is through 2008, so the impact of the recession is not yet known.

Without a doubt, diversity is important throughout the profession.  The entire profession benefits and the principles of justice are served (as are basic notions of fairness) when barriers to entry into the practice of law on the grounds of race are removed.  Race conscious admissions are essential to getting that job done. 

Diversity in race and in economic background is especially important to legal aid work.  A diverse staff ensures that the program has cultural competence and credibility with the community being served. 

Executive Director

Nearly one in five families had at least one period in 2009 in which they did not have enough money to buy adequate food.   The Food Resource Action Center released an alarming report on hunger in the United States on January 26, 2010.   The report is based on surveys conducted in every State and Congressional district of nearly 650,000 people.   The findings include:  

• 18.5% of households answered yes to the “Have there been times in the past twelve months when you did not have enough money to buy food that you or your family needed?”   Those answering yes are considered “food insecure” or experience “food hardship.”
• The rate of food insecurity shot up to 24.1% if there were children in the household.   This means that one in four children is at risk for not getting enough to eat despite school lunch and food stamps.
• If the District were treated as a State, it would be ranked 15, with 20.8% of families not having adequate money to reliably secure nutrition.   Only 11 metropolitan areas are worse off than the District in this regard.
• If just households with children are considered, the District is the worst in the nation.  More than four in ten District households with children experience food hardship.  Mississippi is the next closest at 33%. 

As we have previously written in this blog, DC has the tools to begin to tackle this problem.   The District is authorized to expand food stamp eligibility to 200% of poverty and to provide evening meals through the school lunch program.  

Further information is availalbe in a terrific commentary on the FRAC report and the effects on DC families.

Executive Director

The December unemployment numbers show a worsening picture for the District of Columbia.   The official unemployment rate is 12.1%, up more than 6% since December of 2007.   African American unemployment far exceeds white, with 17.6% of African Americans out of a job as opposed to 5.7% of whites. 

The Economic Policy Institute has created a useful tool called Economy Track that provides quick access to employment and economic activity data.    Economy Track compares the current recession to prior economic downturns and shows that unemployment is worse and the recession more sustained that anything within the last 30 years.  The crisis is likely to deepen.   Unemployment has risen steadily with no sign of abating.   Even when it turns around, it will take a long time to recover.

During this crisis, it is important that the District implement measures to support those who lived in poverty before the recession as well as those driven into poverty by it.   Measures might include: 

• Implement expansions to the Food Stamp program that have already been authorized.   In June 2009, the District Council unanimously enacted legislation to expand the Food Stamp program to include families up to 200% of poverty (from 130%).   The expansion was to be in place with the new budget on October 1.   It has still not happened, leaving tens of thousands of people at risk for inadequate nutrition.  Protect TANF.   District officials attempted this summer to throw entire families off of TANF for program violations.   Under current law, sanctions are limited to a partial reduction in the grant.
• Adequately staff the Department of Human Services to ensure that applications for benefits are timely and accurately processed.  Staffing shortages are creating real harm to people in need. 
• Restore local housing vouchers that were eliminated from the budget in July.   Stable housing not only reduces homelessness, but increases academic success in children and reduces hunger
• Fix the Department of Employment Services and create a real plan to put District residents to work.   Increased access to jobs, living wages and child care are among the most effective strategies to move families out of poverty.   Rather than sustain families in economic limbo, the District should strive to create meaningful income through work for all residents.

Next Thursday, January 28th, the American University College of Law will conduct an all day Symposium entitled:  Framing Problems and Finding Solutions: A Look at the Effects of the Recession on Social Welfare.  The schedule of panels and registration information is listed below.   With the prospect that the effects of recession will only grow worse for people living in poverty over the next year or more, this is an important set of topics to discuss.

January 28, 2010

9:30 am – 4:15 pm

American University Washington College of Law
Room 603
4801 Massachusetts Avenue, NW, Washington, DC

9:30 am                 Registration

10:00 am              Introductory Remarks

10:30 am              Welfare

Moderator:  Susan Bennett, Professor of Law and Director of the Community & Economic Development Law Clinic, Washington College of Law

Speakers:

Mark Greenberg, Deputy Assistant Secretary for Policy, US Dept of Health and Human Services

Tim Casey, Senior Staff Attorney, Legal Momentum

Brian Gilmore, Howard University

12:00 pm              Lunch

1:00 pm                Access to Justice

Moderator: Cynthia Jones, Associate Professor of Law, Washington College of Law

Speakers:

Nancy Forester, Former Maryland Public Defender

Doug Colbert, University of Maryland

Jonathan Smith, Legal Aid Society of District of Columbia

2:30 pm                Break

2:45 pm                Family Responsibility Discrimination

Moderator:  Susan Carle, Professor of Law

Speakers:

 Lisa Schall, US Equal Employment Opportunity Commission

Helen Applewhaite, Family and Medical Leave Act Branch Chief, US Dept of Labor

Robin Cockey, Cockey, Brennan & Maloney, P.C.

4:15 pm                Reception

 Please register by clicking on www.wcl.american.edu/secle/registration. 

General registration is free but required.  For further information, please contact:  Office of Special Events & Continuing Legal Education, American University Washington College of Law.

Phone: 202.274.4075; Fax: 202.274.4079; or secle@wcl.american.edu

Staff Attorney

 With Council about to undertake planning for the FY 2011 Budget Year, the Legal Aid Society and other members of the Fair Budget Coalition will be the voice for DC’s most vulnerable residents. This year, Fair Budget advocates will be encouraging Council members to consider the needs of our client community as we trudge through another year of budget cuts and decreased services that have pushed an already struggling population further into economic despair.

The issue briefings are scheduled to begin this week and present an opportunity for advocates to have a conversation with council staff about the current crisis facing poor District residents in areas such as housing, health care and income support programs. Fortunately, Legal Aid, along with several other members of the Fair Budget Coalition, have created solutions to help the city resolve some of the economic challenges it faces. These solutions include changes to the welfare to work program’s job training component that would make it possible for those living on welfare to obtain employment that pays a livable wage. Hopefully, Fair Budget’s advocacy at the issue briefings and committee hearings will have a positive impact on the shaping of the FY 2011 budget for the sake of low-income individuals and families that live and work in the District.

The schedule for the issue briefings is as follows: 

• January 22 – Hunger & Nutrition
• January 29 – Tax and Revenue
• Feb. 5 – Workforce Development and Income Support
• Feb 12 – Youth and Families
• Feb. 19 – Housing
• Feb. 26 – Health

Briefings are tentatively scheduled to be held in Rooms 103 or 104 of the Wilson Building -1350 Pennsylvania Avenue, NW. All interested parties must send an RSVP to Kristi Matthews  and indicate which sessions you wish to attend.

Executive Director

The magnitude of the tragedy in Haiti has been nearly unimaginable.   As the stories of the suffering and courage of the Haitian people emerge, many have been moved to give.   It is gratifying that the legal profession has generously supported relief efforts.  In the week since the earthquake, many firms have made substantial contributions.   The blog Above the Law has a complete list , but I give a shout out to those firms who serve on Legal Aid’s Board.   The following is from Above the Law:

• Akin Gump: “Akin Gump is making a $50,000 donation — $25,000 to the American Red Cross and $25,000 to Mercy Corps. In addition, the firm will match donations from lawyers and staff up to $50,000.
• DLA Piper: Sponsoring “denim days” in various offices. Employees who contribute at least $5 to relief efforts can wear jeans. Lawyers and staff can make contributions through direct payroll deductions.
• Hogan & Hartson: “The firm will match contributions made by all firm personnel to the American Red Cross Haiti earthquake relief effort up to $100,000.”
• Latham & Watkins: “Latham & Watkins will match contributions made by firm personnel to any of the following relief organizations: Red Cross, Haiti Relief and Development Fund, Doctors Without Borders, Partners in Health, CARE, and World Vision. The firm will match all contributions up to a combined total of $200,000.” 
• Morgan Lewis: Morgan Lewis Thursday told employees that the firm would match their contributions to the American Red Cross up to $100,000.
• Reed Smith: “In support of Haitian relief efforts, Reed Smith will make a $50,000 contribution, in increments of $10,000, to each of 5 international Relief organizations. The Firm will also implement a matching program to supplement your individual generosity, and match, up to a cumulative cap of $25,000 all Reed Smith partner or employee contribution made in January to one of [several designated organizations].”
• Skadden Arps: “Skadden will make an ‘aggregate donation’ of $100,000 to organizations providing relief in Haiti. The donation will be comprised partly of an initial contribution to relief organizations, and an additional fund under which the firm will match individual employee contributions of up to $500.”
• Steptoe & Johnson: “In observance of the upcoming Dr. Martin Luther King, Jr. Holiday, the Firm will be observing Casual for a Cause day tomorrow (Friday, January 15th)…. We invite you to wear jeans this Friday by making a donation in support of the Haitian disaster relief efforts. We suggest a donation of $5…. You can give more if you like, and less if you have to, but a donation must be made in order to wear jeans.” In addition, the firm is matching contributions in the amount of up to $100 per person.
• Venable: “The Venable Foundation is donating approximately $30,000 to the relief effort and is encouraging individual donations from attorneys and staff.”
• Weil Gotshal: “Weil Gotshal announced Thursday that it will immediately make a contribution of $100,000, spread among three organizations with which the firm has an ongoing relationship – American Red Cross, Save the Children and Oxfam. In addition, Weil is doing an internal fundraising drive and expects that overall contributions will be over $200,000.”

Executive Director

Yesterday, the Washington State Supreme Court heard arguments in Bellevue School District v. E.S.   The question before the Court was whether it violates due process under the Washington State Constitution to deny a child counsel in a truancy proceeding.

Under Washington State law, a child subject to the compulsory education statute can be hailed into Court for missing more than a designated number of days of school.   The Court may enter an order requiring the student to attend school or meet other requirements.   Failure to comply with the order is subject to contempt sanctions, including house arrest and other interferences with personal liberty.   The child is appointed a lawyer only when subject to contempt sanctions, not for the underlying proceeding.  (NB:  As a matter of statute, children are given lawyers in truancy cases in the District of Columbia.)

The State’s intermediate appellate Court found:  “A child’s interests in her liberty, privacy, and right to education are in jeopardy at an initial truancy hearing, and she is unable to protect these interests herself. Due process demands she be represented in the initial truancy hearing.”  199 P. 3d. at 1010, 1017 (Wash. Ct. App. 2009).

If affirmed, the case could be an important step to recognizing that counsel is required as a matter of law in a range of proceedings that address basic human needs.  It is important for the Courts to recognize the simple fact that without a lawyer, it is nearly impossible for many people to resolve important disputes.

The argument is on the Washington State web page .

Staff Attorney, Public Benefits

Today’s Washington Post includes an important article on the barriers many low-income residents face to accessing our city’s safety-net programs.  The story reveals what residents who participate in these programs already know, which is that Income Maintenance Administration (IMA) service centers – where residents apply for Food Stamps, Medical Assistance, and other assistance programs – are under-staffed, over-whelmed, and unable to meet the increased demand for services.

As noted in the article, the Mayor closed two IMA services centers last year in an effort to save money.  This has increased the burden on the remaining service centers at a time when the number of District residents who need assistance has risen dramatically.  For example, the number of people enrolled in the District’s Food Stamp program has increased 22% since 2007.  The article also notes that the administration pledged to fully staff the remaining service centers, but has so far failed to honor that pledge.  The result is that residents – many of whom are elderly, pregnant, or disabled – must often wait for entire days for the assistance they need to apply or recertify.  At the end of the day, many are turned away without being helped and are told to come back.

Many Legal Aid clients tell a similar story.  Legal Aid assists clients who have been denied or terminated from Food Stamps, Medical Assistance and/or TANF – not because they do not qualify – but because of problems with the application and recertification process.  Notices are not mailed or received, application/recertification papers are lost, and recipients are unable to communicate with case-workers.  Those without the assistance of an attorney or case manager undoubtedly face a more difficult process of gaining access to the benefits they need and deserve.

Reducing IMA’s capacity to serve its clients is yet another way that the Mayor’s efforts to close budget gaps have disproportionately burdened our city’s low-income residents.  Rather than making it more difficult for those in need to access the District’s safety-net program, the Mayor should focus on policies that reduce barriers to assistance.  A major step towards reducing these barriers would be for the Mayor to fulfill his administration’s pledge to the city’s low-income residents by adequately staffing all IMA service centers.