Legal Aid In Maryland: Obtaining Free Civil Legal Services By C. Shawn Boehringer Chief Counsel Maryland Legal Aid.

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Presentation transcript:

Legal Aid In Maryland: Obtaining Free Civil Legal Services By C. Shawn Boehringer Chief Counsel Maryland Legal Aid

History of Legal Services in Maryland and the U.S. Pre – L.B.J. “Great Society” and “War on Poverty”; Pre – L.B.J. “Great Society” and “War on Poverty”; Maryland Legal Aid formed in 1911; Celebrating its centennial this year; Maryland Legal Aid formed in 1911; Celebrating its centennial this year; One of several “Legal Aid Societies” formed in Midwestern and Northeastern cities to help new immigrants with legal problems; One of several “Legal Aid Societies” formed in Midwestern and Northeastern cities to help new immigrants with legal problems; Criminal and civil representation often offered by one organization; Criminal and civil representation often offered by one organization;

Federal Support and Funding of Civil Legal Services Sergeant Shriver and the Office of Economic Opportunity; Sergeant Shriver and the Office of Economic Opportunity; Creation of the Legal Services Corporation under President Nixon; Creation of the Legal Services Corporation under President Nixon; History Since ’74 History Since ’74 LSC funding under Presidents Carter and Reagan LSC funding under Presidents Carter and Reagan 1990’s Contract for America, Regulatory Restrictions and Funding Diversification 1990’s Contract for America, Regulatory Restrictions and Funding Diversification Current Picture Current Picture

Public Defender vs. Civil Legal Aid Gideon vs. Wainwright, 372 U.S. 335 (1963) Gideon vs. Wainwright, 372 U.S. 335 (1963) Civil Gideon? Civil Gideon? Legislative and Judicial Efforts Legislative and Judicial Efforts Frase vs. Barnhart, No. 691 (Md. Ct. App. December 11, 2003); Maryland case involving right to counsel in child custody cases Frase vs. Barnhart, No. 691 (Md. Ct. App. December 11, 2003); Maryland case involving right to counsel in child custody cases For more: For more:

Case Priorities Maryland Legal Aid Strategic Plan and Human Rights Framework; Maryland Legal Aid Strategic Plan and Human Rights Framework; Benchmarks: Universal Declaration of Human Rights and Conventions arising from the UDHR particularly the Convention on Economic, Social, and Cultural Rights; Benchmarks: Universal Declaration of Human Rights and Conventions arising from the UDHR particularly the Convention on Economic, Social, and Cultural Rights; FDR and Four Freedoms; FDR and Four Freedoms; Values, Framing, Toolkit, Movement Values, Framing, Toolkit, Movement Cases involving basic human needs – food, shelter, income support, protection from violence; Cases involving basic human needs – food, shelter, income support, protection from violence; What we don’t do – torts, probate, criminal, real estate transactions What we don’t do – torts, probate, criminal, real estate transactions

Housing Evictions Evictions Foreclosures Foreclosures Public and Subsidized Housing Rights Public and Subsidized Housing Rights Section 8 Section 8 Conditions/Rent Escrow Conditions/Rent Escrow Fair Housing Fair Housing Strategic Planning Impact Projects Strategic Planning Impact Projects Advancing the Human Right to Housing: affordability, habitability, accessibility, security of tenure, adequate location, cultural adequacy, accessibility to necessary services and infrastructure Advancing the Human Right to Housing: affordability, habitability, accessibility, security of tenure, adequate location, cultural adequacy, accessibility to necessary services and infrastructure

Public Benefits Supplemental Security Income Supplemental Security Income Unemployment Insurance Unemployment Insurance Medical Assistance Medical Assistance Food Stamps Food Stamps Temporary Cash Assistance Temporary Cash Assistance Right to just remuneration; right to security in the event of unemployment, sickness, disability, old age, or other lack of livelihood, right to adequate food, right to access necessary health care services or medical assistance Right to just remuneration; right to security in the event of unemployment, sickness, disability, old age, or other lack of livelihood, right to adequate food, right to access necessary health care services or medical assistance

Family Law Domestic Violence Domestic Violence Custody Issues Custody Issues Support Issues Support Issues

Children in Need of Assistance Baltimore City Baltimore County CharlesCalvert Frederick St. Mary’s AlleganyHarford Garrett Anne Arundel Montgomery Prince George’s  Legal Aid represents children in CINA proceedings in 12 Maryland jurisdictions:

Other Areas Consumer Consumer - Garnishments - Bankruptcy - Overlap with Housing Long-Term Care Long-Term Care Migrant Farmworker Advocacy Migrant Farmworker Advocacy

Eligibility Financial Financial - LSC 125% of federal poverty level - MLSC 50% of Maryland Median Income - Other Grants May Impose Different Criteria Other Other - LSC alien criteria

Funding Sources Legal Services Corporation (Federal) Legal Services Corporation (Federal) Maryland Legal Services Corporation (State) Maryland Legal Services Corporation (State) DHR (For CINA work) DHR (For CINA work) Administrative Office of the Courts Administrative Office of the Courts Older Americans Act Older Americans Act Ryan White Ryan White DHCD DHCD Local Grants in Aid Local Grants in Aid United Way United Way Foundations, private donations, Cy Pres Foundations, private donations, Cy Pres

How to Get Help Go to Website Go to Website Website resources include office locations, telephone numbers Website resources include office locations, telephone numbers Intake can be done in most offices by walk-in or telephone; Call the office which serves your county for information Intake can be done in most offices by walk-in or telephone; Call the office which serves your county for information Donate to Maryland Legal Aid Donate to Maryland Legal Aid

Accessibility for the Deaf Recently adopted Language Access Policy emphasizes importance of adequate communication with LEP and Deaf clients and applicants for service; Recently adopted Language Access Policy emphasizes importance of adequate communication with LEP and Deaf clients and applicants for service; Liberal policy regarding retention of interpreters for consultations, court appearances, and outreach events; Liberal policy regarding retention of interpreters for consultations, court appearances, and outreach events; Use of MD Relay Service and Sorenson; Use of MD Relay Service and Sorenson; All staff have accounts and computers; Addresses are commonly first initial last All staff have accounts and computers; Addresses are commonly first initial last to access live chat at our Glen Burnie District Court self-help center to access live chat at our Glen Burnie District Court self-help center Full-time IT staff can assist each office to provide communication by keyboard; Full-time IT staff can assist each office to provide communication by keyboard;

Other Maryland Legal Services Providers Pro-bono programs – Maryland Volunteer Lawyers Service, Pro Bono Resource Center, Mid-Shore Pro Bono, Allegany Law Foundation, Inc., Harford Bar Foundation, Montgomery Bar Association, Frederick Bar Foundation, Community Legal Services of Prince George’s County Pro-bono programs – Maryland Volunteer Lawyers Service, Pro Bono Resource Center, Mid-Shore Pro Bono, Allegany Law Foundation, Inc., Harford Bar Foundation, Montgomery Bar Association, Frederick Bar Foundation, Community Legal Services of Prince George’s County Other providers – Public Justice Center, Maryland Disability Law Center, Women’s Law Center, House of Ruth, Homeless Persons Representation Project (For complete list Other providers – Public Justice Center, Maryland Disability Law Center, Women’s Law Center, House of Ruth, Homeless Persons Representation Project (For complete list