Jennifer Ngai Equal Justice/AmeriCorps Fellow

Legal Aid’s EJW AmeriCorps Fellow Attends Obama and Biden Address at the White House

Yesterday, amidst a string of phone calls with banks and trustee’s attorneys, one call caught me by surprise in the best of ways – an invitation to come to the White House to hear President Obama and Vice President Biden give an address on the nation’s progress so far under the economic stimulus package.  When?  Today — the one-year anniversary of the Recovery Act.

David Stern, CEO of Equal Justice Works, Cole McMahon, EJW’s AmeriCorps Senior Program Manager and Jennifer Ngai

Through funding provided by the Recovery Act, I was able to join Legal Aid’s Consumer Law Program in October 2009 as an Equal Justice Works AmeriCorps Recovery Fellow.  My particular fellowship was created by a partnership between Equal Justice Works, the Institute for Foreclosure Legal Assistance (IFLA) and the Corporation for National and Community Service (CNCS) to increase legal representation to homeowners at risk of foreclosure.  I attended today’s White House event with David Stern, CEO of Equal Justice Works, and Cole McMahon, EJW’s AmeriCorps Senior Program Manager.

President Obama & Vice President Biden

During his address, President Obama hailed the one-year anniversary of the passage of the economic stimulus and recovery package, acknowledging at first that the measure had not necessarily been politically popular, but then proceeding to highlight the benefits and successes of the package one after another.  From widespread tax breaks for working Americans, to job creation, to investment in progressive technology and infrastructure, the president noted the many ways in which Recovery Act funds have been used to address the deep economic trouble facing the country when he took office.  President Obama stated that the Recovery Act is largely responsible for the country averting a second Great Depression, noting that the economy has gone from shrinking by 6 percent to growing by about that same figure.  Vice President Biden’s remarks conveyed a consistent message – the Recovery Act is working.

Here at Legal Aid, we have seen some of the benefits of the Recovery Act first-hand, most notably with the dramatic expansion of our Consumer Law Program, which launched in September 2008 with the addition of Wendy Weinberg as supervising attorney.  Thanks in large part to the Equal Justice Works AmeriCorps Recovery Fellowship program, Legal Aid’s foreclosure practice is now able to serve low-income homeowners not only through litigation, but also through mediation with servicer banks to obtain mortgage modifications and through extensive community education and outreach.

Executive Director

The school lunch program is an increasingly important source of nutrition for low income children.   In 2007-2008, 32,000 District children received free or reduced lunches each day and 16,000 received breakfast.  Thanks to recent legislation, the federal government will fund evening meals for low-income children as well.  The demand on these programs has likely increased with the recession.

Despite the high rate of participation in free and reduced lunch programs, hunger remains a problem in the District.  Nineteen percent of the District’s population participates in the Food Stamp program, yet a recent study found that one-in-four families with children had trouble securing adequate nutrition.

When it snows and schools are closed, this important source of food is cut off.  What happens to the children and their families who are already at risk from hunger when a week goes by and the breakfasts and lunches that they rely on are not available?

Despite all the criticism that the school lunch program receives – poor nutritional quality, inadequate funding, over-use of processed foods – it is an essential tool to make certain that children are fed.  But the storms last week show that there needs to be a strategy to ensure that there is more food in the home as well.

The District Council has already mandated that the Food Stamp program be expanded to serve people whose incomes are at or below 200% of poverty (up from 133%), but the Department of Human Services is dragging its heels.  An increase to the embarrassing low TANF payment would also assist families to have greater nutritional security.  Currently, a family that receives both TANF and Food Stamps survives at just 50% of the federal poverty level.

Supervising Attorney, Family

A stepfather came to Legal Aid with an urgent problem: his teenage stepdaughter, an excellent all around student just a few months shy of her high-school graduation, was to be expelled from public school on the ground that she was not a D.C. resident and therefore had to pay out-of-state tuition for attending D.C.P.S.  On his own, her stepfather, a longtime D.C. resident (and D.C. Metrobus driver), had tried to challenge D.C.P.S.’s decision, explaining  that this was all a terrible misunderstanding: his stepdaughter lived with him here in D.C.  Indeed, ever since she was one year old, the stepfather had shouldered the responsibilities of caring for and supporting his stepdaughter, whom he treated just as he treated his own biological daughters.  But it was to no avail.  The decision was final; the expulsion went into effect. 

When the stepfather came to Legal Aid, the situation was dire.  With her stepfather and her mother unable to afford the significant cost of out-of-state tuition, the consequences for this young woman were life changing.  Most immediately, she would not be able to graduate with her peers.  But even more disturbing, this young woman’s dream of higher education was now in serious doubt—her college admittance was contingent upon graduation; without her high-school diploma, her future lay in limbo.

Although not within one of Legal Aid’s traditional practice areas, Legal Aid agreed to try to help this young woman’s stepfather persuade D.C.P.S. to reconsider its decision.  Legal Aid first made calls and wrote multiple letters to D.C.P.S. officials, stating that under the law this young woman did qualify for D.C. resident tuition and urging that D.C.P.S. immediately readmit her to school.  Finally, Legal Aid filed an appeal of D.C.P.S.’s decision with the D.C. Court of Appeals.  The result was near immediate: D.C.P.S. reconsidered its decision and agreed to readmit this young woman to school. 

Even though the stepdaughter was allowed to return to school and graduate with her peers, her future was still in doubt: D.C.P.S. took the position that it would not release her transcript unless full payment was made.  Legal Aid turned to Dan Jarcho and Jessica Hinkie of McKenna Long & Aldridge LLP, who agreed to represent the stepdaughter pro bono.  The result was a happy ending.  After graduation, the stepdaughter received her official high-school diploma and transcript.  D.C.P.S. and the stepfather have resolved their issues.  Most importantly, the stepfather is proud to report that his stepdaughter is thriving at college!

Executive Director

If you are snow bound, I urge you take a few minutes and listen to the stories posted on the web page of the Open Society Institute:  Across the Divide: Stories about Race in Baltimore. (http://www.soros.org/initiatives/baltimore/multimedia/divide_20091104.)   The stories are part of year long partnership between OSI and WYPR, Baltimore’s public radio station.   Each is a first person monologue and provides a perspective on the experience of race and how racial attitudes are formed.   Below is a description of the series from OSI:

“Across the Divide” series is a collection of personal stories about race in Baltimore. Some stories are about events that laid the foundation for how someone thinks about race in their lives; others are events that made people rethink the role race plays in their lives. Some of the stories are even funny. The point is to break a hugely complicated subject into life-size pieces by sharing stories of how race is learned and lived in our community.

These radio stories will air regularly on Maryland Morning on WYPR 88.1 FM through February 2010. “Across the Divide” is produced in collaboration with OSI-Baltimore, the Enoch Pratt Free Library, and The Stoop Storytelling series.

Episode Five: “Not Black, Not White, Not Latino. Native American”
OSI-Baltimore Fellow Ashley Minner talks about being a 26-year-old Native American in Baltimore.

Episode Four: “Black and Blacker”
Antonio Johnson is a student at Morgan State University. He tells us about the segregation he saw in Baltimore growing up, and how, in his predominately African-American middle school, lighter-skinned and darker-skinned African Americans divided into their own cliques.

Episode Three: “There was a coldness that happened”
One of the lesser-noted aftershocks of the infamous 1968 riots was the “Maryland Youth Rally for Decency” at Memorial Stadium on April 20, 1969. It was anything but decent. In a melee tinged with racial tension, scores were injured—including several police officers—and seven were stabbed. Tyrone Crawley, who grew up in East Baltimore, was there; he was 13 at the time. He tells us his story.

Episode Two: “I think I was six or seven before I realized that the whole world wasn’t Jewish”
In the second in our “Across the Divide” series of personal stories about race, Senator Ben Cardin talks about growing up in a racially and ethnically segregated Baltimore.

Episode One:  “No, you got my job”
Eddie Bartee Sr. worked at the steel factory at Sparrows Point for over 42 years. He was a union leader for many of those years and, as an African-American worker, was on the frontlines of the consent decree that integrated the factory on the heels of the Civil Rights Act of 1964. In the first story in our series, Bartee talks about the first day the consent decree went into effect.

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.

* * *

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