Eric Angel, Executive Director

As we reflect back on the year, we thank, first and foremost, our clients, for the example they have shown – the strength and dignity they have exhibited during exceedingly hard times.  We are also truly grateful for the support and commitment of our extraordinary donors, volunteers, board members, and staff. 

At a time of retrenchment at legal services organizations around the country, we feel truly fortunate to have been able to grow our program during 2011.  We have a new unemployment insurance project, which has already been helping low-income residents receive much-needed safety net benefits in time for the holiday season.  A new child support project is shining a much-needed spotlight on this traditionally-neglected court.  Hundreds of the District’s most vulnerable families are benefiting from the attention.  And we have been continuing our daily work, helping families stay in their homes, obtain much-needed medicine, and responding to other, life-changing legal needs. 

This recent matter encapsulates the importance of the work of our lawyers in the daily lives of our clients.  One of our clients fell behind on his rent by a single month.  He was sued for nonpayment of the single month’s rent.  But he never received notice of the case.  Not a notice to quit.  Not a suit for eviction.  The first he heard of the case was when someone in the rental office told him he was scheduled for eviction at 2 pm the next day. 

Stunned, the client rushed to court the next morning, finding our Legal Aid’s court-based legal services project which is designed to help out in precisely these emergency situations.  We moved to vacate the default judgment and waited for the judge to hear the case.  When the case was called, we found out that the eviction had already taken place – two hours ahead of schedule!  The client’s possessions were already on the street. 

The landlord’s attorney immediately argued that it was too late:  the Landlord Tenant Branch had no authority to do anything once the eviction had happened.  The judge sitting that morning seemed inclined to agree, concerned about the extent of his jurisdiction to hear the case.  We argued to the contrary, then asked for a brief continuance, so we could do further research to persuade the judge of his authority to reinstate the client to his home.  Within an hour or so, we had mustered the arguments and persuaded the judge to re-instate the client.  The judge, in turn, persuaded the marshals to help move the client’s belongings back into his home.  Because of this intervention, the client has a safe (and warm!) home for the holidays.  This is a real, palpable example of making justice real for our clients. 

From all of the Legal Aid Society of the District of Columbia, best wishes for a happy and healthy holiday season.

Wemi Peters, Staff Attorney

The Washington Post and CNN, among other media outlets, recently reported some disturbing new federal statistics on sexual violence. According to the National Intimate Partner and Sexual Violence Survey conducted by the Center for Disease Control and Prevention, nearly one in five women suffer severe physical violence at the hands of their partner, and intimate partner violence affects more than twelve million people in the United States yearly. Equally troubling is how young these women are at the time that they experience this violence. Seventy percent experience intimate partner violence by the age of twenty-five.

This survey captures a reality that is faced by many of our own Washington D.C. residents.  Between January and November of this year alone, there were over four thousand requests for Civil Protective Orders (CPO) filed in D.C. Superior Court.

Legal Aid provides vital legal assistance to survivors of domestic violence who are going through the CPO process. Four days a week, Legal Aid attorneys staff the Domestic Violence Intake Center based in Southeast, Washington, D.C., providing immediate legal counsel and advice to survivors seeking protection from their abusers.  Legal Aid attorneys meet with survivors, provide safety planning and social services referrals, collect relevant evidence for trial, and represent the survivor in Court for their CPO hearing. We work with domestic violence survivors with two goals in mind: holding abusers accountable and ensuring that the legal process helps stem continued victimization.

Sometimes, however, much of what Legal Aid attorneys do in serving survivors extends well beyond court-representation. It is not uncommon for many survivors to feel reluctant about reporting abuse or pursuing legal avenues to protect themselves from abuse out of fear of retaliation, embarrassment, and conflicted emotions about the offending partner. Moreover, all of the survivors who receive assistance from Legal Aid face the added barrier of poverty. The nature of the legal process can also be a source of anxiety for survivors. Here in D.C., for instance, the CPO process requires survivors to publicly confront their batterer despite the deeply personal nature of the abuse. Additionally, at a time when survivors are likely experiencing an emotional crisis and may be homeless, the legal system expects survivors to perform as any other litigant in Court: appear in Court on time, wait patiently for extended periods often in the proximity of the abuser, maintain complete emotional composure, and understand that the system may eventually not grant them the remedy that they are seeking.  These expectations, coupled with the public nature of the proceedings, can result in an overwhelming sense of helplessness. Legal Aid attorneys help survivors of domestic violence navigate the system and empower them to confront these significant challenges if and when they are ready.

For courts and lawyers, there is a relatively simple and straightforward definition of a legal victory.  For survivors of domestic violence, however, the definition can be more complicated. Although obtaining a CPO is largely empowering to a survivor, even if a survivor does not ultimately prevail in court, Legal Aid strives to help the survivor understand that the lack of a CPO does not minimize their suffering or translate to a failure for the survivor. Legal Aid attorneys work to empower domestic violence survivors by assisting them as they make decisions that suit their individual lives.  By helping them regain greater control over their lives, we hope survivors achieve justice and victory as they define it.

Rachel Rintelmann, Staff Attorney

In 2007, the Legal Aid Society of the District of Columbia began representing low-income tenants through the Court-Based Legal Services Project, funded in large part by the D.C. Bar Pro Bono Program and based in the Landlord-Tenant Branch of D.C. Superior Court.  Today, Legal Aid partners with Bread for the City to ensure that attorneys are available Monday through Friday to provide same-day representation to low-income tenants facing eviction.

On any given day, Project attorneys are prepared to handle a wide range of cases. Often, attorneys will assist tenants in court for their initial appearance, counseling them as to their legal rights, and assisting them in filing answers, seeking continuances, setting trial dates, requesting necessary repairs to their homes, and/or negotiating with their landlords. Sometimes, tenants seek assistance with more complex matters, such as requesting a temporary restraining order to force the landlord to make emergency repairs, or filing a motion to stop an eviction scheduled to take place within 24 hours.  

On some occasions, we meet with tenants on the day that their case is scheduled for trial. This was the case last week when Legal Aid attorney David Steib met with a tenant who was living in a foreclosed property.  Not only did David help the tenant negotiate for a 60% reduction in the amount of money the bank claimed was owed, he also ensured that the tenant would not be evicted and would continue to have a roof over her head for the foreseeable future. 

Cases referred to this Project often require quick thinking and research. In October, Legal Aid attorney Celine Janelle met with a tenant who was scheduled to be evicted at 2 pm that day, despite the fact that he had never received notice of an eviction case. Celine later discovered that the eviction had actually taken place several hours early, while the tenant was in Court waiting to be heard. Rather than giving up because it was too late to stop the eviction, Celine spent an hour and a half researching, drafting and arguing a somewhat atypical motion. Thanks to Celine’s efforts, the Judge ordered that the tenant, and his belongings, be restored to his home immediately. 

Even in cases without complex questions of law, Project attorneys often lend a helpful hand. 

A Spanish-speaking tenant came to the Project for help after her landlord’s attorney refused to consider evidence that she had paid all of her rent. Instead, the landlord’s attorney bullied and threatened the tenant, telling her she would be thrown out of her home within the week. Legal Aid attorney Maggie Donahue stepped in to explain the tenant’s rights, and the landlord’s attorney immediately dismissed the case with prejudice. As an additional benefit, Maggie was able to counsel the tenant in her native language. 

In addition to same-day representation, Project attorneys also provide ongoing representation for clients who need help beyond that day in court.  Often that representation is provided directly by Legal Aid attorneys, but in 2011, we also placed 30 cases with pro bono counsel, mostly through our own pro bono program.

So far in 2011, Legal Aid has handled 319 new cases through the Project, benefitting 819 people. In those cases alone, we have helped to gain over $250,000 in financial benefits for our clients.  Approximately two-thirds of these clients were from Wards 5, 7, or 8 — all areas with high concentrations of poverty. 

A 2008 D.C. Access to Justice Commission report showed that while over 90 percent of landlords in eviction cases are represented by counsel, only 3 percent of tenants have attorneys. The Project was created to help address this massive inequity, and four years later, the Project continues to make a dent in this imbalance. Legal Aid and Bread for the City attorneys have represented nearly 3,000 individuals or families through the Project since 2007. 

As affordable housing in the District becomes more and more difficult to find, low-income tenants find themselves at an increasing risk of homelessness.  Even those tenants with steady housing may find that affordable housing is substandard, and sometimes downright hazardous. Our presence in the courthouse increases our ability to monitor these and other emerging issues, and to engage in ongoing discussions about how to meaningfully address the challenges that our clients face every day. 

About five months ago, Legal Aid and Bread for the City began the pilot phase of the Child Support Community Legal Services Project.  Through the Project, which is funded by the DC Bar Foundation, attorneys provide legal information, advice, and same-day representation to custodial and noncustodial parents with cases in the Paternity and Child Support Branch of DC Superior Court.  The Project opened its doors at the end of June, and provided legal assistance in well over 100 cases by the end of October.  Project attorneys initially covered one of the three magistrate judges’ calendars twice a week, but have since expanded services and are now staffing the Project four days a week and covering all the magistrate judges’ calendars.  

The Project has several partners that provide critical support.  The law firm of Crowell & Moring LLP provides paralegal support two days a week.  The DC Bar Pro Bono Program assists with eligibility screening and provides legal information and advice to litigants who are not eligible for Project services because of residency and/or income.  Catholic University Columbus School of Law students and professors from the General Practice Clinic also advise custodial and noncustodial parents about their rights and the legal arguments for their case.

With the assistance of these partners, Legal Aid and Bread for the City have been able to help hundreds of parents navigate the often-daunting legal process and obtain fair, accurate child support orders for their children.  The vast majority of the parents that the Child Support Project has served are residents of Ward 8, the poorest, most racially segregated area in the District.  In these challenging economic times, families need legal assistance with child support cases more than ever.  While the need for financial support has become more acute among custodial parents, noncustodial parents find it more difficult to get and keep employment and pay child support.  

The first several months of the Child Support Community Legal Services Project have been very successful.  We hope to serve even more families in the coming months and will continue to strive to increase access to justice for low-income District residents.

Jodi Feldman, Director of Pro Bono and Intake

Are you an attorney who has provided 50 hours or more of pro bono service in 2011? If so, the DC Courts want to thank and recognize you for your contribution!

The Chief Judges of the D.C. Court of Appeals and the D.C. Superior Court jointly announced in late October the launch of the Capital Pro Bono Honor Roll, which recognizes the vital role that private and federal government attorneys play in providing pro bono representation to those who cannot afford counsel. The Honor Roll will recognize D.C. Bar members and others authorized to perform pro bono work in the District of Columbia who provide 50 or more hours of pro bono service per year. Lawyers providing 100 hours or more of pro bono service will be recognized on the “High Honor Roll.”

In a joint letter announcing the initiative, Chief Judge of the D.C. Court of Appeals Eric Washington and Chief Judge of the D.C. Superior Court Lee Satterfield wrote “The D.C. Courts are mindful of the challenges faced by pro se litigants attempting to navigate our court system without counsel. It is for this reason that the D.C. Rules of Professional Conduct call on bar members to provide fifty hours or more of pro bono service per year and why we want to acknowledge those who do by adding their names to the Capital Pro Bono Honor Roll.” The new initiative also enjoys the support of the D.C. Access to Justice Commission and the D.C. Bar Pro Bono Program.

To be included in the Honor Roll, attorneys must submit a declaration to the court, which may be completed online, indicating that they have provided 50 hours or more of pro bono work in the calendar year. Applications to be on the list of honorees for 2011 are due by January 31, 2012.

Jennifer Mezey, Supervising Attorney

Ed Lazere, Executive Director of the DC Fiscal Policy Institute

A recent story in the Washington Examiner intended to highlight changes the District is making to its welfare-to-work program (formally known as Temporary Assistance for Needy Families, or TANF) opened with the following misleading sentence: 

In a city where nearly half of residents receive some kind of government handout, District officials are working to find ways to get residents off public assistance.

This statistic and its use in this context are highly misleading if not outright deceptive, and we thought it would be worth spending a moment to explain why. 

The term “nearly half” unnecessarily overstates the actual numbers, and the term “handout” is unnecessarily provocative.  As the article goes on to say, actually, 40 percent of District residents receive TANF, Food Stamps and/or Medicaid.  These are very different programs, and to group them all together as “handouts” is loaded and irresponsible.  

The largest share of the 40 percent figure reflects Medicaid coverage, because DC has a program that covers many lower-income working families who get little or no health insurance from their job.  The District has the second lowest rate of uninsured adults (only Massachusetts’ rate is lower) and the lowest rate of uninsured children.  This is something to be proud of, not criticized.   Food stamps provide nutrition assistance to low-income households, from the elderly to the working poor.  Our food stamp participation closely matches the city’s poverty rate, so there’s no surprise there. 

Beyond that, these programs are intended to expand as the economy worsens.  DC’s current unemployment rate continues to grow three years into a recession.  In Ward 8, for instance, the unemployment rate is upwards of 30 percent.  With unemployment at the highest level in 30 years, we have many more residents without health insurance and who need assistance feeding their families.  

Finally, just eight percent of the District’s population receives TANF.  Let’s remember that these TANF recipients are among the youngest and most vulnerable District residents – poor children and their parents or other caretakers who often face many serious barriers to employment, including disability, domestic violence and limited education.  And as the District itself acknowledges, the TANF program has not adequately met the needs of the families it serves.  The city is rolling out new efforts to better identify employment barriers and provide education and training.  We are hopeful this will lead to the response we all want – TANF caseloads falling not because vulnerable families are kicked off but because they are ready to work.  Early results from the program show that families are eager to get the skills needed to get off welfare. 

Mayor Gray’s administration is trying to turn this around by offering better comprehensive and individualized services to families.  These efforts are important and should be supported.  But the justification for them should not be some vague sense that too many individuals and families rely on government “handouts.”

Jeannine Winch, Staff Attorney

Those of us who work in the area of family law know that fathers can and do play an invaluable role in the lives of their children. Yet, in relationships characterized by domestic violence, fathers are almost always the perpetrators of that violence. My colleagues and I were delighted, therefore, that the theme of the Family Court of the District of Columbia Superior Court’s Annual Conference this year was “Empowering Fathers: One Size Does Not Fit All.” 

One panel in particular, entitled “Integrating Fathers After Domestic Violence,” dealt with the delicate balance of encouraging the involvement of fathers with a history of domestic violence in their children’s lives while seeking to maintain safe, violence-free households. The discussion that ensued also explored other, related issues, such as the kind of custody and visitation that courts should award, how supervised visitation can meet the needs of this population, what follows supervised visitation, how best to make visitation safe and productive for children, and the best practices of programs aimed at making the integration of fathers effective and successful.  

The panelists recognized that abusive fathers trap not only mothers but also children in the sticky web of verbal and nonverbal behaviors that make up the abuser’s power and control over his victims. This web is typically woven long before individuals become the victims of serious threats or actual acts of violence. Accordingly, the instability of a relationship characterized by domestic violence can affect children even if they are not in the room during any particular incident. The resulting stress manifests itself not only emotionally and psychologically, but physically and developmentally as well. 

The panelists also recognized that abusive fathers often use their children – directly or indirectly – as a means of controlling the mother.  For example, the abusive father makes insincere requests for visitation with children with whom he has no relationship or even desire to get to know until the mother files for a civil protection order against him. 

Finally, the panelists highlighted the importance of supervised visitation in protecting mothers and children from physical and psychological harm, as well as the role that supervised visitation can play in fostering and nurturing positive relationships between children and their fathers. 

Overall, the Family Court’s recognition of options such as supervised visitation places a necessary emphasis on the need to successfully integrate fathers in their children’s lives in a way that may truly lead to empowering fathers. We at Legal Aid know that these are not easy issues with which to grapple, but they are ones that many judges, practitioners, and most important, families, must try to resolve, day in and day out.

David Steib, Staff Attorney

The DC Language Access Coalition, of which the Legal Aid Society of DC is a member organization, is helping to host Many Stories, One Night, an evening celebrating DC’s immigrant communities on Thursday, November 3 from 6-9pm at the Gala Theater in Columbia Heights (3333 14th Street, NW).  

The celebration will include the screening of a short documentary film entitled “Communities in Translation.” The film, created by documentarian Robert Winn, explores the impact of language barriers during emergencies, specifically focusing on the 2008 fire of an apartment building in the Mount Pleasant neighborhood of Washington, DC.  The celebration will also include the release of preliminary findings of “The State of Language Access in D.C.,” a comprehensive report by the DC Language Access Coalition documenting immigrants’ experiences accessing programs, services, and benefits of the DC government. 

Legal Aid Housing Attorney David Steib will be one of the MCs for the evening. Please join us for an evening of food, film, and discussion.  Interpretation and child care will be provided, and we encourage you to spread the word of this event throughout the immigrant community.  The organizers are suggesting a $10 donation to attend the event, but the donation is entirely optional.  

Please come out and show your support for Language Access!