Judge Patricia Koch 9th Judicial District Court – Division E

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Presentation transcript:

Judge Patricia Koch 9th Judicial District Court – Division E Joanna Laidler Louisiana State Bar Association Access to Justice Department

POVERTY IN LOUISIANA Population: 4,659,978 (US Census, 2018) Louisiana Poverty Rate: 19.7% (50th) (US Census, 2018)(918,000 people living in poverty) Louisiana Poverty Rate for children: 27.8% (51St)(Talk Poverty, 2017) United Way’s 2018 ALICE Report 29% of LA households (on top of 19.7% poverty rate) Asset Limited, Income Constrained, Employed Cannot afford basic expenses, e.g. housing, child care, food, transportation, health care, cell phone access, and taxes Louisiana has the second highest poverty rate in the country, at nearly 20%. The “federal poverty rate” is a very low threshold. The 2019 Federal Poverty Guidelines  rate was $12,490/year for a household of 1, and $25,750/year for a household of 4. Many government services are not available to families that make even a little more than this federally determined rate. Poverty rate for New Orleans is 18.6% (Louisiana Budget Project, 2018) 38% of Louisiana population < 200% Federal Poverty Level (KKF, 2017) Louisiana Per Capita Income 2013-7 is $26,205 (US Census, 2018)

Unbundled Legal Services CONTINUUM OF LEGAL SERVICES SRL Court Forms Assisted SRL PRO BONO Full Rep Unbundled Legal Services It is little wonder then, that many self-represented litigants find the process of representing themselves to be daunting, costly, and unrewarding.

FIND LEGAL HELP PORTAL www.lsba.org/goto/FindLegalHelp New page on LSBA website that provides the spectrum of legal services provided throughout the state. The LSBA has a ‘Find Legal Help Portal’ at ” at www.lsba.org/goto/FindLegalHelp, which can be used to find private attorneys, service providers and other local and statewide resources for your patrons. Details of legal aid providers and pro bono organizations are listed on the page.

ATTORNEY REFERRALS www.lsba.org/goto/FindLegalHelp/FindAttorney.aspx Lawyer Referral Contact Information Baton Rouge area: (225) 344-9926 Lafayette area: (337) 237-4700 Lake Charles area: (337) 436-2914 New Orleans area: (504) 561-8828 Shreveport area: (318) 221-8104

CIVIL LEGAL AID Louisiana legal services Two Programs: Acadiana Legal Service Corporation Southeast Louisiana Legal Services Cases Handled: Divorce (if domestic violence and/or contested custody), successions/wills/POA, landlord/tenant, SSI, unemployment, Child in Need of Care (CINC), foreclosure prevention, disaster-related issues, housing, and more. Child support: If ancillary to protection order/DV situation TRO/Protective Orders: Representation in relation to protective orders, but refer people to Self-Help desks for TROs Eligibility: LSC - 125%-200% of federal poverty guidelines Generally, to qualify for free legal aid services, people must be at 125% of poverty guidelines (with certain exceptions). In Louisiana, almost 50% of cases are turned away for administrative reasons (e.g. ineligibility, conflicts, beyond scope of services provided) and a further 20% are provided limited resources that are considered not sufficient to resolve the client’s legal problems (Unmet Legal Needs Report, 2018). There are many people above this threshold yet still cannot afford counsel. Number of People in Household  48 States & DC    One         $12,490    Two         $16,910    Three         $21,330    Four         $25,750    Five         $30,170    Six         $34,590    Seven         $39,010    Eight         $43,430

CIVIL LEGAL AID OFFICE LOCATIONS Acadiana Legal Services (ALSC)– Central Louisiana: www.la-law.org Alexandria (318) 442-7281 Lafayette (337) 237-4320 Lake Charles 337) 439-0377 Legal Aid of North Louisiana (now a part of Acadiana Legal Services) Monroe (318) 699-0889 Natchitoches (318) 352-7220 Shreveport (318) 222-7186 Southeast Louisiana Legal Services (SLLS): www.slls.org Baton Rouge (855) 512-3980 Covington (800) 891-0076 Hammond (800) 349-0886 Harvey (800) 624-4771 Houma (800) 256-1660 New Orleans (877) 521-6242

PRO BONO SERVICES Louisiana Pro Bono Services (>110,000 reported hours) Advice/Unbundled Services/Representation Pro bono attorneys – attorneys who provide legal services for free – are an important tool in the fight for access to justice. In 2017, US attorneys provided an average of 33.2 hours of pro bono service (LSBA, 2018). In Louisiana, it is estimated that attorneys provide over 110 000 pro bono hours each year – either through pro bono providers or individually.

PRO BONO SERVICES CONTACT INFORMATION Baton Rouge Bar Foundation Pro Bono Project – (225) 344 4803 Central Louisiana Pro Bono Project – (318) 449 9778 Lafayette Bar Foundation Pro Bono Project – (337) 237 4700 Shreveport Bar Foundation Pro Bono Project – (318) 221 8104 SLLS North Shore Pro Bono Project – (985) 893 0076 Southwest Louisiana Bar Foundation – (337) 936 1015 The Pro Bono Project – (504) 581 4043

PRO BONO SERVICES CHILD SUPPORT, DV ASSISTANCE Baton Rouge Bar Foundation Pro Bono Project = provide legal advice clinics, make referrals to SLLS Central Louisiana Pro Bono Project = Child Support Modifications Lafayette Bar Foundation Pro Bono Project = TROs, Protective orders & Counsel on Call program Shreveport Bar Foundation Pro Bono Project = TROs, Protective orders & necessary ancillary orders e.g. child support SLLS North Shore Pro Bono Project = Same guidelines as SLLS Southwest Louisiana Bar Foundation = civil, non-fee generating cases The Pro Bono Project = Child Support Modifications

OTHER SERVICE PROVIDERS DV - TROs & PROTECTIVE ORDERS Southwest Central/ BR area June Jenkins Women’s Shelter - (337) 462 1452 (DeRidder and Leesville) Family Justice Center of Central Louisiana (Pineville) - (318) 448 0884 Family Justice Center of Acadiana (Lafayette) – (337) 210 5986 IRIS Domestic Violence Center (Ascension, EBR, East Feliciana, Iberville, Point Coupee, West Baton Rouge, West Feliciana) – (225) 389 3001 Southwest Louisiana Law Center (Sliding Scale) – (337) 436 3308 Jeff Davis Communities against Domestic Abuse – (337) 616 8418 Southeast Chez Hope, Inc. (Assumption, Iberia, St. Martin, St. Mary) – http:www.chezhope.org/ Orleans/ Jefferson/St Tammany/ Washington Catholic Charities of New Orleans – Project Save – (504) 310-6872 The Haven (Houma) – (985) 872 0757 St Bernard Parish Battered Women’s Program – (504) 277 3177 Metro Centers for Children’s Advocacy (Jefferson) – (504) 837 5400 New Orleans Family Justice Center – (504) 866 9554 North Northwest Family Justice Center (Caddo, Bossier, Webster, Sabine & Red River) – (318) 505 7171 or 7139 Safe Harbor (St Tammany/Washington) –(985) 626 5740 D.A.R.T. (Lincoln, Jackson, Union, Bienville, Claiborne) – (318) 251 2255 Note: Catholic Charities of New Orleans – Project Save can petition Court for interim child support in Petition from Abuse, but usually clients go through state Similarly, the Southwest Louisiana Law Center can also assist clients in relation to child support matters, but they work on a sliding fee scale.

MODEST MEANS DIRECTORY www.lsba.org/goto/FindLegalHelp An online listing of attorneys who charge reduced rates. To use the directory, your income must fall at or below 400% FPL The Portal also connects patrons to a “modest means” directory of attorneys who provide reduced or flat fee services, or limited services for patrons earning below 400% of the Federal poverty line.

FREE LEGAL ANSWERS LA.FreeLegalAnswers.org Regardless of what parish you are in, patrons can access La.FreeLegalAnswers.org which enables the public to email legal questions and receive brief advice in response from volunteer attorneys. Note that this service is only available to people who meet certain eligibility criteria (<250% FPL). You can also direct patrons to LouisianaLawHelp.org, a free online legal information resource. LA.FreeLegalAnswers.org Allows users to post civil legal questions to the site Attorney volunteers log in and choose which question they want to answer

Connecting public libraries with volunteer attorneys “Lawyers in Libraries” is a program where lawyers provide brief free legal advice consultations to public library patrons. There is highlighted by a statewide week of service every October. This will be the 6th year that the program has been in assistance. Last year, LIL www.LouisianaLawyersinlibraries.org

SRL SERVICES www.lsba.org/goto/FindLegalHelp/SelfRepresentation.aspx This map outlines SRL services across the sate. Red stars are parishes where there are live self help centers operating. The red stars indicate that the parish has other SRL resources available. This could be a separate SRL site, forms packets, or other resources.

ASSISTED SRL LIVE SELF HELP CENTERS 9th JDC (Rapides) - 2nd Fri each month 12pm-2pm 14th JDC (Calcasieu) – Mon, Wed & Friday @ 1-4pm 17th JDC (Lafourche) – 2nd & 4th Wed 10am-2pm 19th JDC (EBR): SHRC-Tues & Thurs 10am-2pm (child support modification) Domestic Violence Program – 2nd floor (TROs) 22nd JDC (Washington) - 2nd & 4th Mon 9am-12pm 24th JDC (Jefferson) – Tues & Thurs 10am-12pm 29th JDC/ C.A.R.E Center (St. Charles) – Mon, Wed, Thurs 9am-12pm 32nd JDC (Terrebonne) – 1st and 3rd Tues 10am-2pm 41st JDC (Orleans): SHRC -Mon, Wed & Fri 9am-12pm DV Coordinator- Mon-Fri 9am-5pm (intimate partner only)

FORMS & SRL RESOURCES LSBA SELF HELP SERVICES & LEGAL FORMS https://www.lsba.org/Public/FindLegalHelp/SelfRepresentation Select Parish See available services and forms in your parish Live Self-Help Centers Self Help Center Websites – parish specific websites designed to assist SRL Online Resources Online Forms – E.g. Child Support, Divorce/ Custody, Motion & Order for Continuance Public Libraries Court houses – locations & rules Self-represented litigants can also be directed to the self-help services and legal forms page. Patrons will be required to select their parish in the drop-down menu. Some jurisdictions have live in-person self-help centers, which can provide forms, referrals, and legal information. Many jurisdictions may not have a live self-help center, but they do have local forms for certain issues that are reliable, free of charge, and guaranteed to be accepted if all required conditions of the case are met. For some issues, there are also standardized forms available, which can be downloaded and completed free of charge.

ONLINE SELF-HELP CENTERS The LSBA has also partnered with individual JDCs to launch online self-help centers created and hosted by the Bar, but customized by jurisdiction in partnership with the court. The websites were designed as an incentive for courts to approve forms for domestic issues (where the majority of SRLs appear). Contains forms, resources, referral information, and a list of community organizations who can assist with non-legal ancillary issues Information communicated in plain English and designed for easy web “navigability” www.4thJDCSelfHelp.com

FORMS & SRL RESOURCES LAW LIBRARY OF LOUISIANA Guide for Self Represented Litigants: https://lasc.libguides.com/resources-for-self-represented-litigants Basics of Legal Research Resources for SRL e.g. books, and online Online Forms LSBA LEAP Lib Guides to Louisiana Law Divorce Justice of the Peace/Small Claims Courts The Law Library Guide for SRL offers really good resources in relation into how to undertake legal research, including books and online resources. It can also direct members of the public to online forms prepared by SC and City and Parish Courts. LEAP is a partnership between the Louisiana State Bar Association, Law Library of Louisiana (at the Supreme Court), Louisiana State University Law Library, and the Louisiana Library Association. Libraries are provided with “Libguides” on frequently requested topics and specialized training for staff on how to respond to the public’s legal questions.

FORMS & SRL RESOURCES ONLINE FORMS Automated Forms e.g. Modification of Child Support & provisional custody by mandate https://lasc.libguides.com/leap-resources Louisiana Uniform Abuse Prevention Forms – LPOR & instruction guides, filing steps http://www.lasc.org/court_managed_prog/lpor.asp Louisiana City and Parish Court Forms – Domestic Abuse Petition for Injunction and TRO, Divorce and Separation http://www.lasc.org/rules/City_Parish/Uniform_Forms_for_City_Parish_Courts.pdf Parish or JDC Specific forms E.g. 9th JDC https://www.9thjdcselfhelp.com/

FORMS & SRL RESOURCES LOUISIANA LAW HELP Louisiana Law Help was written primarily for self-represented litigants, the website provides brief descriptions of numerous areas of law as well as some forms. Some descriptions are in video, some are written. Helpful Resources: Louisianalawhelp.org/issue/family-children/child-support FAQ about Child Support from Family Law Task Force

FORMS & SRL RESOURCES PRO BONO DESK MANUAL Resource designed to help legal aid attorneys respond to questions about frequent issues from low income communities. There is a Family Law Section. http://law.loyno.edu/gillislong/deskbook

FORMS & SRL RESOURCES BECOMING AN ADULT BROCHURE The Louisiana State Bar Association and the Children’s Law Committee published an online Guide to Becoming an Adult with relevant legal information for children turning 18 in Louisiana. The guide includes information on parenting, child support, marriage and divorce. https://www.lsba.org/Childrenslaw/BecomingAnAdult.aspx

FORMS & SRL RESOURCES ADDITIONAL RESOURCES Child Support Child Support guide https://www.acf.hhs.gov/css/resource/handbook-on-child-support-enforcement Child Support enforcement > family support https://www.dss.state.la.us Louisiana CAFÉ Customer Portal https://cafe-cp.dcfs.la.gov/selfservice/ Child Support Lien Network http://www.childsupportliens.com/_state_main.php?selectClient=LA Restraining Orders Guide to restraining orders https://www.womenslaw.org/laws/la/restraining-orders/all

For more information about resources for self-represented litigants in your jurisdiction, please contact LSBA Projects Counsel Joanna Laidler at Joanna.Laidler@lsba.org.