NCJ Number
46228
Editor(s)
J ZACHARIAS
Date Published
1977
Length
42 pages
Annotation
EFFECTS OF ALTERNATIVE PROGRAM FUNDING LEVELS ON WORK OF THE LEGAL SERVICES CORPORATION ARE GIVEN ALONG WITH ALTERNATIVE APPROACHES TO LEGAL AID FOR THE POOR, WITH POSSIBLE IMPLICATIONS OF EACH APPROACH.
Abstract
IN DETERMINING AMOUNT OF SERVICE AVAILABLE AT DIFFERENT FUNDING LEVELS, AN IMPORTANT POINT IS THE DIFFERENCE IN DEFINITION OF 'POVERTY LEVEL' BETWEEN THE OFFICE OF MANAGEMENT AND BUDGET AND THE LEGAL SERVICES CORPORATION. THE LEGAL SERVICES GUIDELINES EXCLUDE CASH INCOME FROM GOVERNMENTAL INCOME MAINTENANCE PROGRAMS. THIS MEANS THAT PROGRAM PROJECTIONS BASED ON MANAGEMENT AND BUDGET FIGURES ARE BELOW THE NEED FELT BY LEGAL SERVICES. UNDER THE PRESIDENT'S BUDGET RECOMMENDATION FOR FISCAL YEAR 1978 ($175 MILLION) LEGAL SERVICES WOULD EXPAND FROM 13 MILLION TO 19.4 MILLION POOR PERSONS UNDER THE LIMITED ELIGIBILITY OF THE CURRENT MANAGEMENT AND BUDGET DEFINITION. AN APPROPRIATION OF $238 MILLION WOULD ALLOW EXPANSION TO 27.4 MILLION PERSONS UNDER THE EXPANDED DEFINITION. AN APPROPRIATION OF $344 MILLION WOULD DOUBLE THE NUMBER OF ATTORNEYS AND EXTEND SERVICE TO 20.5 MILLION PERSONS UNDER THE STRICT DEFINITION. THIS THIRD OPTION WAS INCLUDED BECAUSE SOME IN CONGRESS HAD CALLED FOR IMPROVED SERVICE AND STRICTER ELIGIBILITY REQUIREMENTS. IT WAS SHOWN THAT DOUBLING THE NUMBER OF ATTORNEYS WOULD NOT INCREASE THE NUMBER OF PEOPLE REACHED BUT WOULD RAISE COSTS CONSIDERABLY. ALTERNATIVES CONSIDERED ARE PREPAID AND GROUP LEGAL SERVICES, LOCAL INITIATIVES SUCH AS CONTRACTS WITH PRIVATE LAW FIRMS OR VOUCHERS WITH WHICH A CLIENT CAN PURCHASE SERVICES FROM THE AGENCY OR PRIVATE ATTORNEY OF HIS CHOICE, AND LEGAL CLINICS STAFFED BY VOLUNTEER LAWYERS. THE BIGGEST PROBLEM WITH LOCAL DISCRETIONARY APPROACHES IS THAT MOST STATE AND LOCAL GOVERNMENTS AND THE PRIVATE BAR MIGHT NOT ELECT TO FINANCE LEGAL ASSISTANCE TO THE POOR. THE UNLIKELIHOOD OF ADEQUATE LOCAL INITIATIVES WAS ONE OF THE REASONS FEDERAL FUNDINGS WAS INITIATED. (GLR)