
Letters to the 107th Congress
July 15, 2002
The Honorable Ernest F. Hollings, Chairman
Subcommittee on Commerce, Justice,
State, the Judiciary and Related Agencies
Committee on Appropriations
United States Senate
Washington, DC 20510
The Honorable Judd Gregg,
Ranking Member
Subcommittee on Commerce, Justice,
State, the Judiciary and Related Agencies
Committee on Appropriations
United States Senate
Washington, DC 20510
Subject: FY2003 Funding for the Legal Services Corporation
Dear Chairman Hollings and Senator Gregg:
The American Bar Association, representing more than 408,000 lawyers nationwide,
is very grateful for your past support for the Legal Services Corporation
(LSC.) At this time, the ABA respectfully requests that your Subcommittee
increase funding for the LSC to $375 million.
We understand that your Subcommittee faces many difficult choices
in light of the emerging budget deficits and the need to fund many
programs involved in the war on terrorism. However, assuring access
to our justice system for low-income individuals to resolve their
legal problems peacefully is essential to preserving the rule of
law.
Due to past budget cuts and flat funding in recent years, local
LSC-funded legal aid programs, in your states and through the country,
are forced to turn away individuals and families who need assistance
with basic legal problems. Various credible studies - state and
national - continue to show that despite the combined efforts of
legal aid programs and private bar pro bono attorneys, as
many as 80% of those in poverty need legal help but cannot obtain
it. These people are substantially the "working poor"
who encounter legal problems relating to family relationships, domestic
violence, health, employment, housing and other basic life issues.
Such hardships have only increased in scope and frequency since
the terrorist attacks and as a result of the faltering economy.
The local programs funded through the Corporation provide the only
hope that these people can resolve such serious problems and continue
to lead productive lives.
At the same time, almost every state has already experienced or
expects significant decreases in supplemental funding provided through
state legislatures and/or Interest on Lawyer Trust Accounts (IOLTA).
Compounding this problem, LSC's funding is distributed to the states
and territories based on the number of individuals living in poverty,
according to the latest available census figures. The 2000 Census
reported a 5.59% increase in the nation's poverty population.
States whose poverty populations have declined will certainly be
hit with a decrease in federal funding; but states whose poverty
populations have increased may also see a relative decline in funding
if LSC's budget remains stagnant.
The LSC has historically been grossly under-funded. In 1996, Congress
reduced LSC's funding by 30% from $400 million to $278 million and
required many reforms in the way the LSC operated and restricted
the activities of its local program grantees. The LSC has fully
implemented all the required reforms, insuring that local grantees
focus on meeting the basic, everyday legal needs of the poor. Though
LSC's funding has increased over the past five years, those increases
have not even accounted for inflation over this same period.
We estimate that, with inflation, the amount needed to merely bring
LSC to pre-1996 levels would be $478 million. The ABA therefore
urges Congress to restore LSC's funding to $478 million. We recognize
that this cannot be accomplished at once, and ask that LSC's funding
be increased to this amount over a three-year period starting with
a $45 million increase in FY 2003.
Your support for adequate funding for the Legal Services Corporation
would be most appreciated.
Sincerely,
Robert D. Evans
Director, Governmental Affairs Office
cc: Members of the Appropriations Committee
107th
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AMERICAN BAR ASSOCIATION
Governmental Affairs Office
740 Fifteenth Street, NW
Washington, DC 20005
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fx: 202-662-1762
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