Equal Justice for All Hoosiers 9/30/2017 4:59 PM Equal Justice for All Hoosiers Scott Wylie Vanderburgh Community Foundation Charles Dunlap Indiana Bar Foundation © 2007 Microsoft Corporation. All rights reserved. Microsoft, Windows, Windows Vista and other product names are or may be registered trademarks and/or trademarks in the U.S. and/or other countries. The information herein is for informational purposes only and represents the current view of Microsoft Corporation as of the date of this presentation. Because Microsoft must respond to changing market conditions, it should not be interpreted to be a commitment on the part of Microsoft, and Microsoft cannot guarantee the accuracy of any information provided after the date of this presentation. MICROSOFT MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO THE INFORMATION IN THIS PRESENTATION.
What is civil legal aid? “Civil legal aid assures fairness for all 9/30/2017 4:59 PM What is civil legal aid? “Civil legal aid assures fairness for all in the justice system, regardless of how much money you have” Family violence - domestic violence, elder or child abuse cases. 1,708 cases reported on September 17, 2013 Research by the Public Welfare Foundation and Voices for Civil Justice
1 of 6 Hoosiers 80% of civil legal needs are unmet for low income live in poverty* 80% of civil legal needs are unmet for low income Americans** * 2012 U.S. Census ** Legal Services Corporation
What is civil legal aid? Family safety and support - Protective orders - Divorce - Child support - Custody - Guardianships Criminal
What is civil legal aid? Housing Criminal - Prevent homelessness - Loans to repair homes - Avoid foreclosure and eviction - Unsafe housing concerns Criminal
What is civil legal aid? Consumer Protection Criminal - Bankruptcy - Credit issues - Employment - Consumer fraud and scams - Unfair debt collection - Predatory lending practices Criminal
Where are the providers? 9/30/2017 4:59 PM Where are the providers? Legal Aid & Pro Bono Nonprofits Marion Co: Part time Full time http://www.inbf.org/PROBONO/HowtoFindLegalHelp © 2007 Microsoft Corporation. All rights reserved. Microsoft, Windows, Windows Vista and other product names are or may be registered trademarks and/or trademarks in the U.S. and/or other countries. The information herein is for informational purposes only and represents the current view of Microsoft Corporation as of the date of this presentation. Because Microsoft must respond to changing market conditions, it should not be interpreted to be a commitment on the part of Microsoft, and Microsoft cannot guarantee the accuracy of any information provided after the date of this presentation. MICROSOFT MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO THE INFORMATION IN THIS PRESENTATION.
How is Civil Legal Aid Funded? Civil Legal Filing Fees $400,000 Interest on Lawyers Trust Accounts & Attorney Registration Fees $600,000 Indiana Civil Legal Aid Fund $1,500,000 Federal Funding to Indiana Legal Services $5,100,000
How is Civil Legal Aid Funded?
What is the unmet need? 8 Clients per attorney My grandmother is being harassed by creditors. What can I do? My bank increased my car loan interest to 32%. My ex-husband won’t follow the visitation guidelines. My husband threatened to kill me. How do I get help? My landlord says I owe him more rent or I have to move out tomorrow. I have been evicted and I need help making sure my kids can stay in school. Indiana Unequal Access to Justice Report 2008 report Prior to recession Need likely worse as poor were more profoundly unable to obtain affordable house, jobs with benefits and wages for low skilled workers My ex-boss won’t give me my last paycheck. How do I get guardianship of my granddaughter? 8 Clients per attorney
9/30/2017 4:59 PM Family Safety 1,708 domestic violence victims received help in one day in September 2013. For every case reported 25 go unreported. Indiana likely had 42,700 victims on that September 2013 day. National Network to End Domestic Violence – Indiana Summary Family violence - domestic violence, elder or child abuse cases. 1,708 cases reported on September 17, 2013
Family Safety Civil legal aid helps protect family safety by: 9/30/2017 4:59 PM Family Safety Civil legal aid helps protect family safety by: Addressing domestic violence, stalking, harassment, elder abuse, child abuse and neglect issues when they arise. Family violence - domestic violence, elder or child abuse cases. 1,708 cases reported on September 17, 2013
Family Safety Civil legal aid helps protect family safety by: 9/30/2017 4:59 PM Family Safety Civil legal aid helps protect family safety by: Obtaining and enforcing an order of protection for immediate safety. Family violence - domestic violence, elder or child abuse cases. 1,708 cases reported on September 17, 2013
Family Safety Civil legal aid helps protect family safety by: 9/30/2017 4:59 PM Family Safety Civil legal aid helps protect family safety by: Assisting with longer term protection and self-sufficiency for families moving away from violent situations including divorce, paternity and custody. Family violence - domestic violence, elder or child abuse cases. 1,708 cases reported on September 17, 2013
9/30/2017 4:59 PM Family Safety “Most victims who go to Protective Order hearings without legal representation fail to obtain their orders and are still at risk from their abusers.” “Legal aid is the most effective public service for reducing domestic violence.” Family violence - domestic violence, elder or child abuse cases. 1,708 cases reported on September 17, 2013 Missouri Legal Aid Network study
Family Safety Civil legal aid helps communities. 9/30/2017 4:59 PM Family Safety Civil legal aid helps communities. $ 4 Million Estimated savings by Massachusetts Battered Women’s Legal Assistance Project in medical and court costs by preventing further assaults on clients Family violence - domestic violence, elder or child abuse cases. 1,708 cases reported on September 17, 2013 Massachusetts Legal Assistance Corporation
Housing 51% of tenants in eviction proceedings without lawyers lost their homes 21% with lawyers lost possession V. “A lawyer can make a vital difference, even for the larger numbers who are unable to pay their rent, by negotiating a “soft landing” (i.e. extra weeks to move out, forgiveness of unpaid rent and agreement to seal the record and avoid a report to credit agencies.” NYTimes article quoting Cassandra Goodman, Eviction Assistance Center Director. U.S. Department of Justice
Housing “A lawyer can make a vital difference, even for the larger numbers who are unable to pay their rent, by negotiating a “soft landing” (i.e. extra weeks to move out, forgiveness of unpaid rent and agreement to seal the record and avoid a report to credit agencies.” “A lawyer can make a vital difference, even for the larger numbers who are unable to pay their rent, by negotiating a “soft landing” (i.e. extra weeks to move out, forgiveness of unpaid rent and agreement to seal the record and avoid a report to credit agencies.” NYTimes article quoting Cassandra Goodman, Eviction Assistance Center Director. Cassandra Goodman, Eviction Assistance Center Director, Stanley Mosk Courthouse, Los Angeles, CA.
Housing “For every dollar spent representing families and individuals in housing court, the Commonwealth of Massachusetts would save $2.69 in other services such as emergency shelter, healthy care, foster care and law enforcement.” “A lawyer can make a vital difference, even for the larger numbers who are unable to pay their rent, by negotiating a “soft landing” (i.e. extra weeks to move out, forgiveness of unpaid rent and agreement to seal the record and avoid a report to credit agencies.” NYTimes article quoting Cassandra Goodman, Eviction Assistance Center Director. “Investing in Justice, A Roadmap to Cost-Effective Funding of Civil Legal Aid in Massachusetts,” Boston Bar Association, October 2014
Housing Bank of America/ U.S. Department of Justice Settlement Funds for “Foreclosure prevention legal assistance” and “Community economic redevelopment legal assistance” “A lawyer can make a vital difference, even for the larger numbers who are unable to pay their rent, by negotiating a “soft landing” (i.e. extra weeks to move out, forgiveness of unpaid rent and agreement to seal the record and avoid a report to credit agencies.” NYTimes article quoting Cassandra Goodman, Eviction Assistance Center Director.
Consumer Protection 400% Annualized interest rate charged on payday loans for low- income customers. “A lawyer can make a vital difference, even for the larger numbers who are unable to pay their rent, by negotiating a “soft landing” (i.e. extra weeks to move out, forgiveness of unpaid rent and agreement to seal the record and avoid a report to credit agencies.” NYTimes article quoting Cassandra Goodman, Eviction Assistance Center Director. Consumer Finance Protection Bureau
Consumer Protection 17,000 Number of U.S. servicemen and women who where harmed by one predatory lending scheme in 2013. “A lawyer can make a vital difference, even for the larger numbers who are unable to pay their rent, by negotiating a “soft landing” (i.e. extra weeks to move out, forgiveness of unpaid rent and agreement to seal the record and avoid a report to credit agencies.” NYTimes article quoting Cassandra Goodman, Eviction Assistance Center Director. Consumer Finance Protection Bureau
Consumer Protection 166 The number of companies sued by the Indiana Attorney General for mortgage rescue fraud since 2010. “A lawyer can make a vital difference, even for the larger numbers who are unable to pay their rent, by negotiating a “soft landing” (i.e. extra weeks to move out, forgiveness of unpaid rent and agreement to seal the record and avoid a report to credit agencies.” NYTimes article quoting Cassandra Goodman, Eviction Assistance Center Director. Indiana Attorney General
In your community What innovations are you seeing with clients for consumer protection, housing or family safety? Where can civil legal aid partner with your grantees? “A lawyer can make a vital difference, even for the larger numbers who are unable to pay their rent, by negotiating a “soft landing” (i.e. extra weeks to move out, forgiveness of unpaid rent and agreement to seal the record and avoid a report to credit agencies.” NYTimes article quoting Cassandra Goodman, Eviction Assistance Center Director.
Legal Aid Funding Low in Indiana
Equal Justice Charles R. Dunlap, J.D. Executive Director, Indiana Bar Foundation 317-269-7861 cdunlap@inbf.org Scott Wylie, J.D. Executive Director, Vanderburgh Community Foundation, 812-422-1245 scott@vcfoundation.org “A lawyer can make a vital difference, even for the larger numbers who are unable to pay their rent, by negotiating a “soft landing” (i.e. extra weeks to move out, forgiveness of unpaid rent and agreement to seal the record and avoid a report to credit agencies.” NYTimes article quoting Cassandra Goodman, Eviction Assistance Center Director.