Vol. 75, No. 11, November
2002
State Bar Supports LSC Funding
by Patricia K. Ballman, President, State Bar of
Wisconsin
Why does the State Bar of Wisconsin support the goals of the Legal
Services Corporation (LSC) so strongly? Because we believe that when
important rights are at jeopardy, both sides in a legal conflict are
entitled to competent legal representation, regardless of ability to
pay. As an organization the State Bar is called upon under SCR 10.02 (2)
to "promote the innovation and development and improvement of means to
deliver legal services to the people of Wisconsin; to the end that the
public responsibility of the legal profession may be more effectively
discharged." This is a responsibility of each of us, and of the State
Bar as an entity.
The State Bar works through every avenue it can to address the legal
needs of the indigent, including encouraging pro bono work, advocating
for state general purpose revenue for civil legal services, working to
raise funds from lawyers and the private sector through Wisconsin's
Equal Justice Fund, and perhaps most importantly, advocating for
continued LSC grants to Wisconsin legal aid programs.
State Bar of Wisconsin Position on LSC Funding
The LSC is funded through congressional appropriation. The Senate
Appropriations Committee has proposed an appropriation for fiscal year
2003 of $329 million - level funding from last year. However, due to a
decline in its poverty population, Wisconsin, along with 17 other
states, would lose substantial LSC grants. The State Bar of Wisconsin
joins other bar associations in support of a "hold harmless" amendment
specifically to benefit these states, including Wisconsin, which would
restore $19 million of the otherwise lost LSC funding. The State Bar of
Wisconsin thanks those in the Wisconsin congressional delegation who
support efforts to adopt this important amendment and we continue to
work for its enactment.
For complete details on this year's appropriations process, access
information online at: www.abanet.org/poladv/priorities/lsc.html#Current%20Status.
Examples of LSC in Action in Wisconsin
While LSC money serves every county and congressional district in the
nation and U.S. territories, here are three examples of LSC funds in
action in Wisconsin:
- Because of a change in zoning laws, George and Emily, an elderly
couple, were threatened with eviction from the mobile home and land they
had owned for 26 years. Through representation before the zoning board
and circuit court, legal services lawyers helped George and Emily keep
their home.
- Sarah dropped off her children with her ex-husband for a routine
visit. When she returned for them, they were gone. Her ex-husband had
fled the state with the children and refused to return them, even though
Sarah had primary placement. Her ex-husband was a Native American and
had taken the children to an Indian reservation, further complicating
Sarah's efforts to get them back. Legal services attorneys negotiated
with a judge, two law enforcement agencies, and Sarah's ex-husband over
several weeks and were able to reunite Sarah with her children.
- A landlord was using "bait and switch" advertising to lure
low-income people into renting from him. The landlord showed an enticing
model apartment to prospective new tenants and claimed that the actual
units available for rent were just like the model, but refused to let
prospective tenants see the unit they would be renting until they paid a
substantial deposit. Once the landlord had the money, he made the
"switch." The tenants were given filthy, uninhabitable apartments - with
holes in the walls, filth-encrusted kitchens, and urine-soaked
carpeting. A legal services housing unit forced the landlord to stop his
practices and return the clients' deposits, with damages. Criminal
charges against the landlord were filed by the local district
attorney.
I think you will agree that LSC funding and the services provided by
legal services attorneys are essential to a fairly functioning justice
system. Can we afford not to support and fund those
programs?
Wisconsin Lawyer