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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Blackwell, Morton: Files
Folder Title: Legal Services Corporation (1 of 2)
Box: 12
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
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F1 (eservices
In Ronald Reagan's Washington:
BILL
OLSON
AND THE
/
POOR
By Louis M. Peck '73
Photographs by Ann Stevens
I
was New Year's Eve, 1981, and
much of official Washington was
headed for the party circuit. One of
the few people on the job that day was
William J. Olson '71. As it turned out,
Olson was headed straight for contro-
versy.
The day before, he had been ap-
pointed by President Reagan as acting
chairman of the board of the Legal Ser-
vices Corporation, created in the early
1970s to provide legal aid for the poor.
Fearful that the spending power of the
agency had been overextended by hold-
over appointees from the Carter Admin-
istration, Olson called an emergency
board meeting for December 31 - fewer
than twenty-four hours before new
contracts between the Legal Services
Corporation and approximately 335
grantees were due to go into effect.
Judged against the ceremonious
standards by which deliberative bodies
in Washington tend to operate, it was a
highly unusual session. There was no
formal public notice. Of the ten board
members participating in the meeting,
only four were physically present. The
balance joined in by means of a confer-
ence call. Bolstered by Reagan's ap-
pointment of seven new board members
- including Olson - the day before,
the directors of the Legal Services Cor-
poration acted to reduce spending for
the month of January while curtailing
the power of the corporation's staff to
award new contracts.
The aftereffects of the December 31
meeting are still being felt months later,
and have served to place Olson's name
in the headlines and at the hub of a con-
On Bill Olson's office wall is a citation (center, top) from "The
tinuing controversy over the Reagan
Office of the President-Elect" for his work on the transition team.
Administration's attitude toward legal
37
services for the poor.
the personification of the Reagan phi-
government that was in line with what
Critics of the White House have
losophy, spent much of 1968 organizing
became known as the Silent Majority of
questioned whether the session violated
anti-Vietnam War activities at Michigan
the 1960s - and which provided the
the spirit, if not the letter, of the federal
State University.
underpinnings in the 1970s of the
open meetings law. Several of the Car-
That was the year that Olson
Reagan revolution in government. And
ter appointees to the board of the Legal
headed Brown Students for Nixon-
I think it was beneficial for students on
Service Corporation have filed suit,
Agnew.
college campuses to be exposed to
challenging the legality of Reagan's
Less than a year and a half later, as
conflicting views."
making "recess appointments" to the
the majority of the Brown student body
Despite being part of what he
board while Congress was out of ses-
mobilized behind a move to shut down
termed a "distinct minority" on the
sion. And the hard-line conservatism of
the University in protest over the Nixon
Brown campus, on several occasions
the Reagan appointees has prompted
Administration's decision to invade
Olson was able to use the element of
some legal aid advocates to charge that
Cambodia, Olson organized the Rhode
surprise to score some political points -
Reagan is pursuing a familiar pattern:
Island Anti-Strike Coordinating Com-
while catching both the Brown admin-
destabilizing from within programs he
mittee. Among its activities was a rally
istration and the liberal student majority
knows that Congress will not agree to
in downtown Providence in support of
off-guard.
do away with.
Nixon's policy in Indochina.
In early 1970, the Brown Young Re-
And the irony of the situation is
"We had some RISD students mak-
publican Club prepared a report analyz-
that the December 31 meeting turned
ing posters for us," Olson recalled re-
ing approximately thirty speakers who
out to be duplicative; it was subsequent-
cently over a lunch of meat loaf and
had appeared at University convoca-
ly determined that the Carter-appointed
potatoes at the National Lawyers Club.
tions during the previous two-and-a-
board members had acted in early De-
"One of them was a 'Tell It to Hanoi'
half years. "Something like twenty-four
cember to insure that spending levels
poster." He smiled at the memory.
of them would have been considered
did not exceed those authorized by
In style as well as substance, Olson
clearly liberal," Olson said. "There were
Congress. "The corporation had already
stood apart from many of his fellow
perhaps two or three conservatives - -
sent out reduced grants, so the action
was not only unnecessary - in retro-
spect, it looked pretty silly," says How-
ard Eisenberg, executive director of
'The question now
the National Legal Aid and Defender
Association.
is whether the Reagan
Throughout all of this, Bill Olson
has held to his position with the same
philosophy can be
tenacity he showed when he headed the
hopelessly outnumbered Brown Uni-
implemented and
versity Young Republicans in 1969 and
shown to work'
1970. He is offering no apologies. "We
had a concern that the reduction in
funding [for the Legal Services Cor-
poration] had not been fully imple-
Brown students of the late 1960s and
and one of them was a student at URI. I
mented by the corporation," Olson
early 1970s. His blond hair was as
felt that was totally contrary to the spirit
said recently of his decision to call the
close-cropped then as it is now. While
of academic freedom."
emergency board meeting. "In my opin-
the uniform of the day was T-shirts and
The Young Republicans' report first
ion, it was the fairest thing we could do
surplus Army jackets, Olson favored
surfaced on a Monday in March 1970 -
with the information we then had. What
button-down shirts and an occasional
in a page-one story in the Providence
we did in that board meeting was
blazer.
Journal. It was, in the view of some, a
exactly what we should have done."
The leftish student majority would
well-planned political sneak attack by
Whatever the final outcome of the
often react to his conservative parries by
the YRs. Neither University officials nor
legal services controversy, Bill Olson's
ignoring him - or worse. "The liberal
student leaders were contacted by the
involvement is, in and of itself, sig-
activists on campus would generally re-
Journal for their response prior to pub-
nificant. For it represents a coming of
spond to our position with a very effec-
lication of the story - a fact that
age for several campus conservatives of
tive political weapon - ridicule," he
prompted a letter of protest by eleven
the late 1960s, who - having weathered
remembers with grudging admiration.
Journal reporters to the paper's man-
the liberal tide then running through
And, unlike some activists on both sides
agement.
Eastern universities - have now
of the spectrum, Olson was always
Olson now says that "to the best of
achieved positions of influence in
affable and approachable - while never
my recollection" there was no agree-
Ronald Reagan's Washington.
taking himself too seriously.
ment between the Young Republicans
At least for the moment, the Mi-
"You couldn't put great weight on
and the Journal that barred the Univer-
nority has become the Majority.
how people viewed your philosophy or
sity from being contacted prior to publi-
you wouldn't last too long. You had to
cation. But Jack Rose '70, then an officer
N
ext to Bill Olson, David Stock-
keep a sense of humor, a sense of
in the YRs, told the Brown Daily Herald at
man is a Sunshine Soldier.
perspective. We felt we had a responsi-
the time that such an "agreement" had
Stockman, now regarded as
bility to advance a basic philosophy of
been struck to prevent "obfuscation" of
38
the Young Republicans' position.
Reagan's victory in the 1980 election,
"You cannot say that anybody who
The Providence Journal was not the
Olson received a call one day from an
wants to effectuate change in govern-
only newspaper that took notice; the re-
old friend.
ment policy should have access to a
port on convocation speakers at Brown
It was Loren Smith, who had been
governmental attorney," Olson con-
became the subject of editorials in such
general counsel to the Reagan cam-
tended. "It is not the role of the gov-
conservative newspapers as the Chicago
paign. And he wanted Olson to head
ernment to fund one philosophy of
Tribune and the Indianapolis News. The
the task force on legal services during
government over another. You can't
editor of the News at the time was M.
the Reagan transition.
fund lawyers who want to file certain
Stanton Evans, now a widely syndi-
kinds of lawsuits - and then go out
cated conservative columnist.
I
t is the height of understatement to
looking for clients for these kind of law-
"Stan and I are now good friends,"
say that Ronald Reagan has never
suits."
Olson said. "I worked for him when he
been a fan of the Legal Services
The liberals' response to this is that
was head of the American Conservative
Corporation. As governor of California,
the federal government already funds
Union, and now I work for him as his
Reagan attempted in 1970 to block Legal
these types of actions on the part of
lawyer sometimes." (In 1979, Olson
Services Corporation funding from com-
large corporations and conservative
filed suit on behalf of Evans' National
ing into his state - apparently because
legal foundations - - through the use of
Journalism Center, seeking the release
he felt that it was being used to further a
tax breaks. It therefore should make this
of Commerce Department in-
host of liberal causes.
type of opportunity available to the
formation relating to high technology
In the first year of his Presidency,
poor, even if it involves direct federal
exports to the Soviet Union).
Reagan asked that the program be
subsidies.
Meanwhile, Olson was also making
abolished. It was only after Congress
Such arguments bring out Olson's
important contacts through the Young
balked that Reagan named Olson and
conservative instincts. "Those conten-
Republican network. From his post as
the six others on December 30 as recess
tions are predicated on the belief that all
president of the Brown Young Republi-
appointments. (Subsequently, Reagan
money belongs to the government," he
cans, he went on to become director of
has formally submitted ten names to
declared. "I don't accept that philoso-
the New England College Republicans.
Capitol Hill to serve on the corporation
phy of government."
Among the others then active in the Col-
board. The designated permanent
Neither, however, is Olson saying
lege Republicans at the time: Morton
chairman is Prof. William F. Harvey of
that the poor should be without the
Blackwell, now a top staffer in the White
the Indiana University Law School,
ability to sue the government. "You
House's public liaison office; Roger
with Olson nominated to one of the
have a state monopoly on the justice
Stone, an influential political consultant
nine remaining slots on the board.)
system, and you have an obligation to
who headed the Reagan campaign in
Despite the appointments, Reagan
insure that all citizens have equal access
the Northeast in 1980; and John (Terry)
has not given up trying to do away with
to that system. There are few cases
Dolan, who now heads the controver-
the legal services program. His pro-
where a lawyer is needed more than
sial National Conservative Political Ac-
posed 1983 budget submitted in January
when an individual poor person is con-
tion Committee (NCPAC).
once again asks that the corporation be
fronting the state or federal govern-
(There was also a personal divi-
abolished.
ment."
dend: Olson met his wife, Janet, through
According to several journalists
The question then becomes one of
the College Republicans. She is now
who closely follow the area of legal
how to protect the rights of the poor to
executive director of the House Republi-
services, the transition-team report
sue government - - while preventing
can Conference, headed by Rep. Jack
drafted by Olson in late 1980 endorses
such cases from becoming assaults on
Kemp of New York).
the Reagan aim of doing away with
social and economic policy.
After graduating from Brown in
Legal Services. Olson has steadfastly re-
"It's very difficult to draw those
June 1971, Olson did stints at both the
fused to comment on this, saying he is
lines," Bill Olson admitted. "I know I
Nixon White House and the federal De-
pledged not to discuss the contents of
don't have all the answers."
partment of Transportation before re-
the report.
It is at such moments that Olson is
turning to Rhode Island in 1972 to work
But, as an appointee to the Legal
reminded that responsibility can be a
in the unsuccessful gubernatorial cam-
Services board, he says he is committed
sobering experience. As such, he shows
paign of Republican Herbert F. De-
to continuing the program. "I believe
no glee or smugness over the fact that
Simone '51. He then returned to Wash-
that the people President Reagan has
he is now Mr. Inside - and that his
ington to work in the Office of Economic
appointed should have the opportunity
one-time liberal adversaries from Brown
Opportunity (OEO was then headed by
to try to effectively manage this corpo-
days are on the outside. The early days
Howard Phillips, a prominent figure in
ration to maximize the benefit to the
of the Reagan Administration have
the New Right who has been a strong
poor for the dollars spent," he said.
taught Olson that it is often easier to ac-
critic of federal legal services programs).
At the crux of the conservatives'
quire power than to use it or retain it.
In the fall of 1973, Olson went on to the
complaint is that the legal services pro-
"The question now is whether the
University of Richmond Law School.
gram has gone far beyond the scope of
Reagan philosophy can be implemented
He graduated in 1976, moved back
simply protecting the rights of the poor
and shown to work," he reflected.
to suburban Washington, where he
in civil cases. Instead, the conservatives
"That's really the challenge."
soon became chairman of the Fairfax
charge, it has been used by socially
County (Virginia) Republican Commit-
minded attorneys to force an expansion
Lou Peck is a reporter in the Washington
tee, and joined a law practice down-
in government programs by recourse to
bureau of the Gannett News Service.
town. And then, following Ronald
the courts.
39
file
LEGAL SERVICES CORPORATION
733 Fifteenth Street, N.W., Washington, D.C. 20005
Writer's Direct Telephone
(202) 272-4040
May 28, 1982
Mr. Robert Kabel
Office of Legislative Liaison
The White House
Washington, D.C. 20500
Dear Bob:
Enclosed you will find a resume for Diane Jenkins, an
attorney from Baton Rouge, Louisiana.
Dennis Daugherty of my staff has known Diane since his
high school years. He feels that she has the sensitivity and
judgement to be a good addition to our Board of Directors. He
says that she would deal with controversial subjects in the face
of criticism graciously, but with determination.
Over 30% of the caseload handled by Legal Services Cor-
poration grantees last year arose in the area of juvenile and
family law. Mrs. Jenkins' extensive experience in this area,
particularly in regard to child support enforcement, would be
very helpful to this Board. She would in addition provide the
Board with the perspectives not only of an attorney and a
woman, but that of a journalist and a businesswoman (newspaper
owner).
Dennis says that Mrs. Jenkins is a Democrat, but that
she and her husband, State Rep. Louis E. (Woody) Jenkins,
have supported many Republican candidates including President
Reagan, Governor David Treen, and Congressman W. Henson Moore.
Mr. Jenkins resigned as the state's Democratic National Com-
mitteeman in order to support President Reagan's election.
You should be aware that Mrs. Jenkins' husband has run
for the United States Senate against both Senators Long and
Johnston. Some of our grantees would be somewhat skeptical
of her as well because Mr. Jenkins has chaired the state
Conservative Caucus. He is a former chairman of the American
Legislative Exchange Council (ALEC), a national organization
of state legislators, and is active in a number of national
conservative groups.
LEGAL SERVICES CORPORATION
Mr. Robert Kabel
May 28, 1982
Page Two
I would appreciate your bringing Diane Jenkins' interest
in serving on our Board of Directors to the attention of the
proper members of the White House staff.
Sincerely,
Jeny Acting President
Gerald M. Caplan
CC: William Harvey
Biographical Summary
DIANE A. JENKINS
May 1982
Personal Background
- Age 35; married; mother of three children
I Resident of Baton Rouge, Louisiana, for past 21 years
- Current address: 3684 Winnebago Street, Baton Rouge, La. 70805
- Phone: 504-383-6226 (office); 504-357-9874 (residence)
Education
- Honor graduate and secretary-treasurer of 1,800-member student body,
Istrouma Senior High School, Baton Rouge, La. (1965)
- Juris Doctor degree in law, LSU Law School (1972)
- Graduate, Conference on Juvenile Justice, sponsored by the National
District Attorneys Association, San Francisco, Calif.
- Graduate, National Child Support Training School, sponsored by the National
District Attorneys Association, Phoenix, Ariz.
Government Service
- Assistant District Attorney and Chief, Family and Juvenile Division,
District Attorney's Office, East Baton Rouge Parish, supervising staff of
24 attorneys, investigators and secretaries with 8,000 active cases, and
having responsibility over all crimes by or against juveniles, criminal non-
support cases and administration of the 4-D Program under the United
States Department of Health, Education and Welfare (1976-1980)
- Responsible for self-generated $1.5 million budget
- First woman to present a capital case to the East Baton Rouge
Parish Grand Jury (a true bill was returned)
- Prosecuted several thousand criminal cases of all types, with an overall
won-loss ratio of over 90 per cent; made oral arguments before the
Louisiana Supreme Court
- Member, Louisiana Child Support Advisory Board (1976-1979)
- Assistant Attorney General, State of Louisiana (1975-1976)
- Youngest Assistant Attorney General in state history at time of
appointment
DIANE A. JENKINS/Biographical Summary/Page 2
- Member, Crimes Against Organized Government Section, with
responsibility for prosecuting public officials accused of wrongdoing
-across the state
- Assistant District Attorney, East Baton Rouge Parish (1973-1975)
- Member, National District Attorneys Association
- Member, National Welfare Fraud Association
Private Legal Practice
- Attorney at Law (1973-1982)
- Private practice (1980-1982)
- Area of specialization: Immigration Law
- Member, Louisiana and American Bar Associations
Special Achievements in Law
- First Place Award, Annual Moot Court Competition, LSU Law School;
chosen over 140 other senior law students in written and oral arguments
before the Louisiana Supreme Court (1972)
- "Best Trial Presentation" Award, LSU Moot Court Competition
- Editor, The Constitution of Vietnam, a two-volume study of the South
Vietnamese legal system (1972)
- Editor, The Civilian, LSU Law School student newspaper (1970-1971)
Business Activities
- Co-owner, Baton Rouge Advertising, a public relations firm (1972-1982)
- Managing editor, North Baton Rouge Journal, a community weekly newspaper
(1966-1969)
- Member, Consumer Advisory Board, American Bank & Trust Company
(1973-1974)
- Member, Board of Advisors, Baton Rouge Enterprise (1976-1978)
- "Outstanding Young Business Woman of Louisiana" for 1973, second place
award, Louisiana Association of Business and Professional Women's Clubs
- "Outstanding Business Student Award" for East Baton Rouge Parish,
Administrative Management Society (1965)
DIANE A. JENKINS/Biographical Summary/Page 3
- "Outstanding Salesman Award," Baton Rouge Junior Achievement (1963)
Special Recognition
- Governor, Pelican Girls State, State of Louisiana (1964)
- "Americanism Youth Award" for State of Louisiana, Veterans of Foreign
Wars (1965)
Foreign Language
- Spanish
LA
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release
January 22, 1982
The President has granted recess appointments to the following
individuals as Members of the Board of Directors of the Legal
Services Corporation:
HAROLD R. DEMOSS, JR., of Houston, Texas, is a partner with the
law firm of Bracewell & Patterson. He was born December 30,
1930. He succeeds Steven L. Engelberg.
CLARENCE V. MCKEE, of Washington, D.C., is counsel with the
law firm of Smith & Pepper. He was born November 16, 1942.
He succeeds Hillary D. Rodham.
ANNIE LAURIE SLAUGHTER, of St. Louis, Missouri, was Director
of Volunteers, Acting Administrative Assistant, and Director of
Operations, Annie Malone Children's Home, from 1979 until May 1981.
She succeeds Cecelia D. Esquer.
###
File
March 5, 1981
I strongly recommend that the nominees submitted by the
following people for the Legal Service Corporation Board be
scrutinized with an eye toward elimination from consideration
based on the disturbing information obtained by Congressman
Sensenbrenner:
Howard Eisenberg
Bob Evans
Dan Bradley
Judy
Bernie Veney
Marty
Mario
William McAlpin
JAMES CENSENBRENNER, JR.
WASHINGTON OFFICE:
NINTH DISTRICT, WISCONSIN
ROOM 315
CANNON HOUSE OFFICE BUILDING
COMMITTEE ON THE JUDICIARY
202-225-5101
COMMITTEE ON STANDARDS OF
OFFICIAL CONDUCT
DISTRICT OFFICE
333 BISHOPS WAY
BROOKFIELD, WISCONSIN 53005
414-784-1111
Congress of the United States
House of Representatives
Washington, B.C. 20515
February 4, 1981
The Honorable William French Smith
Attorney General of the United States
Department of Justice
Constitution Avenue and 10th St., N.W.
Washington, D.C. 20530
Dear Mr. Smith:
I am hereby requesting the Department of Justice to investigate the
possible misuse of appropriated funds by the Legal Services Corporation
(LSC).
It appears that appropriated monies have been used for political and
lobbying purposes.
As evidence, written on LSC letterhead, I submit the two enclosed
memoranda dated December 10, 1980, and December 29, 1980. They were
written by Alan W. Houseman, Director of the LSC's Research Institute.
These documents clearly detail a plan for lobbying and political
activity by the Legal Services Corporation, its employees and grantees
to influence legislation reauthorizing that agency which the 97th
Congress will be considering.
I look forward this matter.
Sincerely
F
JAMES SENSENBRENNER, JR.,
Member of Congress
FJS:pkvt
Enclosure
LEGAL SERVICES CORPORATION
MEMORANDUM
DATE:
December 8, 1980
TO:
Coalition
FROM:
Alan
illan
SUBJECT: Tasks for Survival - An Update
Below I have outlined what I understand to be the tasks assignments
for survival. I have included both coalition and LSC staff. Also, I
have set out future tasks and who I believe should be involved. We
should discuss the latter to be sure there is agreement and make appro-
priate changes.
Immediate Tasks - To Be Done During Next Several Weeks
1. Transition Team and White House Contacts - Dan, Mary, Mario,
Judy, Bill McAlpin and Howard.
2. Board Nominees - Howard Eisenberg, Bob Evans, Dan, Judy and Bernie.
3. Solidification and Strengthening of Local Political Base - Regional
Meetings - Bucky, Bea, Alan, John McDonald, Mary, Denny Ray,
Salvadore Tio, Marttie Thompson, Theron O'Connor and Steve Kostka.
Joan Lieberman and John Arango are assisting as staff.
4. Dealing with Money Issues - Bruce, Bernie and:
One-time Money - Gerry and ABC Committee.
Drawdown Issues - Mario, Dan and Mary.
Additional Resources for Emergencies - Alan and Gerry.
5. Private Bar Approach - ABC, Judy, Steve, Mario, Dan, Bruce, Bernie,
De (John Dooley has assisted as staff).
6. LSC Board Position on Reauthorizing Legislation - Dan and Mary.
7. Support Center Grants - Andy and Mario.
- 2 -
Short-Term Activities - Started now but completed in January
1. Establishment of effective communications network.
State Coordinators - Mary, De
Other Communications Tim, Andy
2. Analysis of New Congress - Office Government Relations (OGR);
De, Dick
3. Committee Composition of New Congress - OGR; Dick
4. Blue Ribbon Panel McAlpin, Dan, Core Group
5. Development of Affirmative Strategy on Legislation, White House
and Congress - Mary, Judy, De, Bruce, Jim, Dick and Core Group.
6. Protective Actions re: Support and Policy Issues - Alan, Judy,
Dave Madway, De, and Core Group.
7. Legal Support and Analyses including outside council - Mario, Denny,
and Howard:
8. Basic Bureaucratic Vulnerabilities (Such as GAO, CBO, Fund Balances,
Monitoring, Complaint Procedure, Weak Programs, Information Collection
and Information on Puerto Rico Expenses) 1. Clint, Mario, Gerry and De.
9. Publications and Media - Public Affairs, NLADA.
10. Support for Supporters on National Level (Including Unions, Civil
Rights Organizations, Bar Associations, etc.) - Judy, Jim Braude,
and Bernie Veney.
11. Supporting Client Community - Bernie, Clint, and Bea.
12. Law Schools Bea
13. LSC Staff Morale and Staying Power - Gerry, Clint, and Mario.
14. Information System - Andy, Dick
Long-Term Tasks - Begin now but take several months
1. Develop long-term outside organization to represent legal services
in the long-term struggle . Howard, De, Bernie and Core Group.
2. Securing resources for. long-term effort - Howard, Bruce, De,
Gerry, Alan and Core Group.
- 3 8.
3. Press Relations and Publications - Tim, Howard and Press
Committee.
4. Relationships to local, state and national bar associations - Steve,
Tim, Dan, Howard, Bill McAlpin, Bob Evans and Core Group.
5. Identifying staff and "getting on board" staff to work in long-term
effort - - Alan, Howard, De and Core Group.
6. Develop long-term strategies for national support - Dave Madway
and Alan.
7. Develop long-term strategies for Clearinghouse - Andy, Alan.
8. Develop long-term strategies for training . - Bea, De and Alan.
9. Develop long-term strategies for research - Alan.
10. Develop long-term strategies for regional offices - Clint, Bucky.
11. Develop long-term strategies for Reggie program - - Willy, Clint.
12. Develop long-term strategies for state support - Alan, De, Clint.
13. Long-term funding theories - Gerry, Bruce, Alan and Core Group.
14. Long-term legislative advocacy strategies - Alan, De, Dick Skutt,
Mary, Judy.
15. ABA Mid-Winter Meeting - Dan, Judy, Steve, Bernie, Bob. and De.
LEGAL SERVICES CORPORATION
MEMORANDUM
DATE:
December 29, 1980
's
TO:
State Coordinators and Other Interested Parties JAN 5
1980
FROM:
Alan W. Houseman alan
SUBJECT: Summary of our Overall Activities, Strategy and Perspective
To assure that there is full knowledge among all critical actors in
the effort we are undertaking to preserve aggressive legal services, I
have prepared this summary of our activities, strategy and perspectives.
Much of this cares from the oral remarks that have been given at the
Regional Meetings and will not be new to most of you. Most of this infor-
mation has been and will be supplemented in more detailed ways.
Overall Perspective
Today we face a severe threat to the continuation and growth of aggressive
legal services. At stake is the survival of the legal services movement.
By that I mean:
- Survival of committed, aggressive and political staff whether
they are lawyers, paralegals, support staff or other advocates;
- Survival of aggressive advocacy, (i.e., advocacy which utilizes
the full scope of representation including legislative and
administrative representation, litigation and community education;
advocacy which seek all possible remedies; and advocacy which is
not restricted in what defendants can be sued, e.g., government
entities);
- 2 -
- Survival of client involvement and control.
All three of these are essential to the legal services movement. All
three of these are under attack and must be pressured and strengthened.
Far more is at stake than the survival of Legal Services. Many social
benefit. and entitlement programs that have developed during the 60's and 70's
to provide concrete benefits to poor people are threatened. As we proceed in
our fight, WE rust take all the steps necessary at national, local or state
levels to assure the continuation of other social benefit and entitlement pro-
grams. It is essential that we join with others in preventing cutbacks in
these programs, and preventing changes in other federal policies, such as affir-
mative action, which are essential to the continued development of poor people
and minorities in this country. At no time must we let our own concerns override
the more basic concerns of poor people.
Basic Principles
It is useful to repeat the basic principles which guide the actions that
will be collectively taken to preserve legal services.
1. Using all methods of counseling and representation, legal
services exists to provide highest quality legal services
to all those unable to afford legal assistance in a manner
which best enables poor people to assert their rights and
interests and effect change in ways that they themselves
choose.
2. LSC and the legal services community will continue to emphasize
utilization of program resources in a manner that has the greatest
- 3 -
impact on the largest number of poor people.
3. Legal Services must be accountable to the low-incame
community in program governance, allocation of limited
resources, and addressing the most pressing legal pro-
blems of a particular local comunity.
4. The staff attorney system of delivery is essential to
effective legal services and will remain the core of our
delivery system.
5. LSC and the legal services community will resist any and all
efforts to dismantle effective, existing programs We will
never compramise the basic values and structures of this pro-
gram and we will continue to resist efforts that would impose
restrictions or undermine aggressive advocacy for poor people.
Scope of Potential Threat
We will certainly face serious efforts by opponents of aggressive legal
services to:
(1) Appoint members to the LSC Board who are not
supportive or even hostile to aggressive legal
services and the staff attorney system. Currently
five terms are up; in June, the additional six
positions will be up for nomination.
(2) Add additional restrictions on the types of
representation (legislative and administrative
advocacy), on types of cases (aliens, education,
abortion, suits against government entities), or on
attorney fees. support and training.
- 4 -
(3) Reduce our appropriations and/or earmark existing
or new funds.
(4) Increase control of legal services staff and advocacy
through a hostile bureaucracy, through political pressure
from Congress, or through local and state government.
(5) Substantially alter our current delivery system and
reallocate current resources to judicare and other private
attorney models of delivery.
(6) Increase the role of local and state governments in
funding and overseeing legal services delivery.
There will also be attempts by the "far right" to dismantle or eliminate
the legal services program. These proposals have surfaced during the transition
and will also arise during consideration of our reauthorization in 1981.
We can not now predict what efforts will be made, by who and their timing
to restrict or dismantle legal services. There are many possible scenarios that
may develop both in the short and long run. Whar we are doing is to plan for
every possible development.
Political Situation
We have a new administration headed by a President who has historically
shown hostility to Legal Services. While Governor of California, President
elect Reagan attempted to veto and dismantle California Rural Legal Assistance.
He also sought to impose additional controls on aggressive advocacy by Legal
Services attorneys.
- 6 -
The American Bar Association, though remaining steadfast in support of
aggressive legal services, has moved to introduce legislation seeking to
mandate the involvement of private attorneys in the delivery of legal services.
We must not let this development affect their support for effective, aggressive
advocacy.
Many of our allies are themselves politically weakened. Moreover, the
organizations from which we traditionally received support have not yet made
the survival of legal services a high priority. We may not have reached out
sufficiently to other potential allies whether on a national or local level.
We have lost the support of large numbers of clients and pocis people.
Client involvement and control has not become a reality in most programs.
Client organizations both on a local and national level have few resources to
affectively advocate continuation of legal services.
We are not prepared for battle. We are not effectively united. The
Legal Services Corporation has not had to face a major political crisis since
its inception. The Legal Services Community has not had to face a political
crisis of this severity since 1973. There are many new people in Legal
Services. Same may not share the values of the community's leadership. Same
may not be willing to take political risks to preserve aggressive advocacy.
On the other hand, we do not start from a position of weakness. We are
stronger and more geographically diverse than ever before. We have able and
committed staff working in programs throughout the country.
- 5 -
In the only public statement (in the American Bar Association Journal),
the President-elect gave great deference to the pro bono efforts of private
attorneys and called for an evaluation of the Legal Services Corporation to
ensure "that it is serving the purpose for which it was intended. He went
on to say: "Such a program should not be used to fund, at taxpayers expense,
suits which are in reality attempts to force a judicial resolution of political
and public policy issues properly left. to the elective branch through its
representatives in Congress, I would also like to explore possible alter-
natives to the monolithic federal approach to the legal problems of the poor.
I believe there is room for increase activity on the part of local government
and local bar associations."
Some of President-elect Reagan's senior advisers and key cabinet members
are people who may not be particularly supportive of legal services and who
lack understanding of our program.
We face a much more conservative Senate which is now controlled by Re-
publicans and southern Democratics. Many of the newly elected Senators are
idealogically opposed to legal services. While we have same strong support in
the Senate Committee on Labor and Human Resources, we face severe problems with
the entire Senate/
While the White House is still in Democratic control, it is much more con-
servative. Many believe there is now a majority of conservatives in the House
which can block most liberal legislation. Although, our committee will remain
supportive, we will continue to face, as we have in the past, severe problems
on the floor.
- 7 -
The Legal Services Corporation is an independent entity. Many people
on the Hill, in the administration and the press perceive LSC to be an
efficient and well run institution.
We have more resources to devote to this effort than we have had in the
past. We are more sophisticated politically at both national and local levels.
What we are doing to wage this battle
First, we are attempting to unite and join together in this struggle. We have
formed a coalition with PAG, the National Clients Counsel (NCC) , NLADA, the
National Organization of Legal Services Workers (NOLSW) and the Minority Caucus.
It will be expanding to include others from within the legal services comunity,
such as National Association of Indian Legal Services (NAILS), migrant farm
workers group, women's caucus, Organization Legal Services Backup Centers
(OLSBUC), state support and others. It will also expand to include orgranizations
who are allies and supporters of legal services.
The coalition members will be forming an outside entity to labby and
coordinate survival activities on behalf of the legal services comunity. This
entity will be established soon and will begin to function early in 1981.
Second, we are expanding and strengthening our state coordination network. This
is essential in order to assure effective communications within the comunity and
for our congressional efforts.
Third, we are seeking to diversify and strengthen the base of local and state
programs. It is essential to broaden the base. In the short run, a strong local
political base will be critical if we are to successfully obtain support from
Congress for the continuation of an aggressive legal services program. Effective
- 8 -
löbbying in Washington will require local programs to establish credibility
and a base in their communities and to develop allies who can and will assist
them in persuading their Congressman and Senators to support legal services.
In the long run, a strong local base will be necessary to survive possible
efforts at local and state control through block grants or private bar
control.
These plans involves a series of regional meetings that will attempt to
help programs identify how to shore an up and strengthen their base of support
including support from the private bar, increased support from organizations
that can be effective allies, effective use of the media and improved relations
with Congressional offices. In addition to the meetings, there will be tech-
nical assistance, training and other assistance available to local programs.
Fourth, we are strengthening our base of support nationally by developing closer
ties and better relationships with Civil Rights, labor, elderly, consumer and
many other organizations and individuals who have been allied with us in the past.
We are also reaching out to new organizations as well to develop alliances and
obtain support. Because legal services is only one of many issues with which
these organizations are concerned, the National Support Centers and others will
be joining with these organizations in common efforts to prevent benefit pro-
gram reductions.
Fifth, we are addressing short-term issues that require immediate action.
Through the National Legal Aid and Defender Association the coalition has
identified potential nominess for the LSC Board of Directors who are supportive
of legal services but also acceptable to the Reagan Administration. In addition,
- 9 -
we are working to acquaint key people in the Reagan Administration and in
Congress (including the new Senate leadership) with our program, its in-
dependence, and its achievements. We are shoring up and strengthening
the support we have among some members of the Reagan team. We are identi-
fying those who can influence members of the transition teams and the
appointees of the new administration.
Sixth, we are taking steps to protect programs and our overall delivery system.
We will address basic bureaucratic and programmatic vulnerabilities that have
been identified by GAO reports and by others. We are also reviewing our en-
tire support structure to make sure it is sufficiently insulated from political
pressure and can function effectively in the future.
Seventh, we will be increasing the Washington lobbying efforts of the Corporation
and our organizations. NLADA, for example, has hired a full-time experienced
lobbyist to work on legal services and other matters. The new entity being
formed will substantially expand our lobbying capacity.
Eighth, we are developing an affirmative legislative strategy to deal with the
difficult situations we face in the next session of Congress with regard to
both appropriations and reauthorization.
This year it will be necessary for us to get out reauthorization through
Congress. The Senate will not approve our appropriations without a reauthori-
zation. We will also need to work again with the Budget Comittees in the House
and Senate. Last year, the budget process played a major role in setting priori-
ties on substantive legislation as well as appropriation levels. Finally, con-
firmation in the Senate of LSC Board nominees may require same efforts by the
legal services community.
Although an affirmative political strategy has not yet been fully
developed, it will include at least the following components:
1. Selling the merits of legal services to Congress, media and others
at the local, state and national level. Much of this will be done
by local people and local programs.
2. Developing a broad range of support from a wide sector of group
and organizations and making it in the interest of these groups
for legal services to continue without restrictions. This will
require effective work at a local, state and national level by
legal services programs around the substantive issues affecting
the members of the groups and organizations from which we
seek support.
3. Improving our relationships with the private bar. We are developing
a concrete partnership with the American Bar Association and other
bar associations to preserve and expand legal services. This will
require full implementation of the Delivery System Study Policy
Report and increased involvement of private lawyers in the delivery
of legal services. As part of our strategy we are seeking increase
funds for expansion in the Fiscal Year 1982 Budget request. By
seeking funds from Congress, we believe we can obtain support for the
maintenance and expansion of existing programs and prevent mandates
in the Legal Services Corporation Act that would reallocate current
resources.
4. Developing an affirmative response to Congressional efforts to
impose restrictions on legislative representation and other
limitations on the scope of representation to be provided to
our clients.
To develop this affirmative strategy we are preparing at least two back-
ground papers for circulation and discussion. John Dooley is preparing a
paper discussing the private bar issues and options to address them. We are
also preparing a paper analyzing possible options to prevent legislative
representation restrictions. We will be meeting with a number of people to
discuss each of these issues and will be holding strategy discussions with the
coalition members in early January.
In considering our affirmative strategy we are meeting with many advocates who
are experienced in political and legislative strategy in Washington. We are
seeking their views on how to take the initiative, how to best use the private
bar issue and how to prevent restrictions on case types or the scope of re-
presentation.
Regardless of our efforts in Washington, an affirmative legislative strategy
is dependent upon effective relations on a local level with congressional offices
with state and local bar associations, and with organizations and individuals
who are potential supporters and allies.
What Must be Done
Each legal services program must undertake the following:
1. Develop a specific action plan at state and sub-state levels.
This plan should detail how each state will seek to maintain
and improve or develop Congressional relations, relations with
local and state bar associations, relations with allies and
supporters, and relations with local and state governmental
entities. The plan must also discuss efforts to develop and
improve media relations and develop new media contacts. Finally,
the plan should specifically include concret steps to maintain,
improve and/or develop meaningful relations with poor people's
organizations.
Many states have already developed such plans. Others are beginning to
do so and will be completing the plans at the regional meetings.
These plans will require every program to shift program resources to
undertake the efforts outlined in the plan and to change the priorities and
work of project directors and staff.
2. Appoint a program coordinator or coordinators who will have overall
responsibility for coordinating the implementation of the state and
sub-state plans and assuring that all survival activities are carried
out.
3. Develop timely and effective communications with the state
coordinator. The state must assure that the coordinators have
adequate staff and a means of communicating effectively and in
a timely manner with all programs.
4. Develop effective internal communications networks that assure all
staff with adequate and timely information about developments
nationally and within state and local areas.
5. Continue to identify people who have contacts with officials of
the Reagan Administration. State Coordinators and relevant
Washington actors should be informed of these contacts. Please
make sure I am informed of these contacts.
- 13 -
6. Continue to identify potential Board nominees who are supportive
of legal services and yet potentially acceptable to a Reagan
Administration. Names of potential nominees should be sent to
Howard Eisenberg at NLADA.
7. Analyze new members of Congress from your area and review all
old members of Congress. What is needed is carefully complied
information about all members of Congress. This includes:
attitudes, public statements and prior voting records toward
legal services and other social benefit programs; their sup-
porters and major contributors from within the bar and general
comunity; possible contacts with their supporters; and their
political base in the district or state. This information
should be sent to the state coordinator and Office of Government
Relations. OGR will develop an analysis of each Congressional
person and office. The completed analysis will be sent to each
state and program coordinator. The analysis will also include
such information as prior Congressional voting records on legal
services, positions on other poor people's issues, committee
assignments, names and background of key staff, and which members
influence this member.
The difficulties we will face now and during the next few years will
require sacrifice and discipline by LSC and program staff. Among other things:
1. We must start taking this effort very seriously if we are
to succeed.
- 14 -
2. When program coordinators are asked to do something by the
state coordinator, by LSC or members of the coalition, they
must act responsibly and without delay to see that the tasks
are done or that we are immediately informed that they can be
done so that we can take the necessary actions to see that they
are done.
3. This is the time to act and act quickly to organize within each
state and local program to shore up and strengthen the base of
!
political support.
4. Coordinated activity is important. This is not a time to act
totally independent of the effort that is being initiated.
Project directors and staff will have many good ideas, practical
suggestions, intelligence and experience to share with national
actors and with other programatic people. It is important to
work together and keep in touch.
Coaliton Building
A critical means of strengthening the local political base is to develop
coalitions and working relationships with local organizations and individualse
who would see it in their interest to assure the continuation of an aggressive
legal services program.
Effective coalitions and working relationships will involve programs
assisting these groups and organizations in concrete ways. Merely acting in
concert or seeking assistance will not be sufficient. The local program must
actually assist groups, individuals and coalition members SO that they have a
real stake in the survival of the legal services program. The legal services
program must become a integral part of their activities.
- 15 -
Usually coalitions and working relationships will eyolve out of
common work on substantive issues, Legal services should seek out others
in the community who may be involved on similar issues of concern to the
program and client community. They should also seek to participate in
activities by others that affect issues and problems of the client community,
There are a variety of
with whom local programs can deyelop re-
lationships. Some are involved in advocacy for the poor (such as Comunity
Action Programs); some are involved in services for the poor, Many are in-
volved in common issues which affect both the poor and the members of the
groups. (e.g., unions and food stamps; Associations of Retarded Persons and
special education; elderly organizations, etc.) Many are involved directly
in advocacy for populations which include the poor. (civil rights, etc.L.
In developing working relationships and coalitions on substantive issues,
legal services programs and staff should not forget their principal role as
advocates for the poor. The point of developing working relationships and
coalitions is to strengthen the power of pooe people not to shift the program
toward a different population. Legal services should not be viewed as com-
promising the interests of poor people for its own survival or for the broader
good of the coalition. Moreover, legal services should seek to involve poor
people directly in the coalitions and bridge relationships between poor people
and individuals and organizations with common interests or issues.
The Broader Picture - The Needs of our Clients
The struggle for survival of aggressive legal services should never be
perceived by us to be a higher priority than the struggles that poor people
will face during the next several years as this new administration and Congress
- 16 -
attempt to curtail social benefit and entitlement programs and civil rights
activities. We must not under any circumstances stop using most of our
resources and most of our energies to continue providing aggressive impact
advocacy to improve the lives and power of poor people.
Moreover, we must take immediate steps to develop effective efforts with-
in each state and on a national level to preserve the gains won by poor people
and their advocates during the last 15 years. And we must continue to strive
to increase social benefits, improve housing and health care, prevent arbi-
trary private and public actions, improve job and educational opportunities,
and eliminate discrimination.
This will require targeting increased resources on substantive issues
which will arise on a national and state level: development of more effective
national and state networks of staff, clients and other advocates and allies;
improved communications to each state about national developments and within
each state about national, state and local developments; strengthening our
capacity for legislative and administrative advocacy; and developing more
effective strategies that use all of the tools available including more
effective use of litigation as well as community education, legislative and
administrative representation, networking and coalition building.
Working with national and state support projects, we are strengthening
current efforts and developing new approaches that will assist local and
state programs in undertaking these critically important activities for sur-
vival of poor people's basic needs. Although there are different- networks
that will be used to work directly on these "substantive" activities, (i.e.,
the substantive networks that have developed through national and state
support projects), we will keep all state coordinators informed of national
cubstantive
Thus, as we enter this struggle for our own survival, we must never
forget that the purpose of our effort and the shift of some resources to
our survival is not to save ourselves (or our jobs), not to save our current
ways of doing things or even our current structures for that matter. Instead,
the purpose of our efforts to preserve for poor people a force that they can
call upon to use to improve their economic and social well-being.
as
Eagle Forum
Diana Lozano
of Rhode Island
Box 121 A, Old Plainfield Pike
Foster, Rhode Island 02825
WASHINGTON OFFICE: 316 PENNSYLVANIA AVE., S.E., SUITE 203. WASHINGTON, D.C. 20003
(202) 544-0353
HEADQUARTERS OFFICE: BOX 618, ALTON, ILLINOIS 62002
(618) 462-5415
November 9, 1981
The President
The White House
Washington, D. C. 20500
Dear Mr. President:
In view of the recent votes in favor of funding for
the Legal Services Corporation, we take comfort in your
past pledge to veto any such legislation.
Our group has been studying the Republican Study
Committee Fact Sheet prepared by Loren Bruce and dated
April 24, 1981. It documents many of the abuses of the
Legal Services Corporation, and provides a number of ex-
amples of how the Legal Services Corporation has spent
much of its money: pursuing litigation which promotes
a philosophy of government that has been repudiated at
the polls as well as in legislative forum.
We intend to give our support to your promise to
veto all continued funding for the Legal Services Cor-
portaion.
Sincerely,
(Mrs.) Judith F. Ryder, President
Judith 7. Ryder
Eagle Forum of Rhode Island
"They that wait upon the Lord shall renew their strength; they shall mount up with wings as eagles;
they shall run, and not be weary; and they shall walk, and not faint." Isaiah 40:31.
file
Legal
Services
corp.
MISSIONARIES FOR LIBERALISM:
UNCLE SAM'S ESTABLISHED CHURCH
by Michael E. Hammond
published by:
THE CONSERVATIVE CAUCUS
Research, Analysis & Education
FOUNDATION, INC.
450 Maple Avenue East
Vienna, Virginia 22180
18
to compel a man to furnish
contributions of money for the
propagation of opinions which he
disbelieves and abhors, is sinful and
tyrannical. "1
-Thomas Jefferson, 1777
"Today we face a severe threat to
the continuation and growth of agressive
legal services. At stake is the survival
of committed, aggressive and political
staff [and of] agressive advocacy " 2
-Alan W. Houseman,
Legal Services
Corporation, 1980
"Congress shall make no law respecting
an establishment of religion
"
-First Amendment
U. S. Constitution
INTRODUCTION
Since the beginning of the
Congress has established var-
Republic, Presidents and officers
ious "intervenor funding" programs
within each administration have
for the purpose of financing stud-
engaged in activities which could
ies and appearances by "consumer
legitimately be classed as "advo-
advocates" before agencies. 3 The
cacy." This advocacy--which has
Federal Trade Commission's pro-
frequently dealt with issues in-
gram, for example, has handed mil-
volving great controversy--was
lions of dollars to groups which
considered not only the right, but
are almost without exception, ide-
even the responsibility of the
ologically liberal, and which, in
President.
most cases, have substantial fin-
Recently, however, recipients
ancial resources available.4 This
of Federal largesse have engaged
appears to be in direct violation
in a form of advocacy which is
of the FTC's charter, which prohi-
qualitatively different from the
bits "intervenor funding" for any
"bully pulpit" which Roosevelt
group which could otherwise afford
knew. The difference between Alan
to participate in FTC proceed-
Houseman and Thomas Jefferson goes
ings.
5
beyond Houseman's relative inarti-
In areas such as Federal
culateness and the banality of his
funding intended to benefit the
ideas.
handicapped, "protection and advo-
Houseman's statements repre-
cacy" mechanisms have been estab-
sent a new form of advocacy--an
lished by statutes like the Devel-
advocacy which is unresponsive to
opmental Disabilities Act and the
and uncontrollable by elected ex-
Rehabilitation Act of 1978.6 Un-
ecutive authority, attacks the re-
der these programs, outside groups
ligious beliefs of a substantial
are funded for the purpose of lit-
portion of Americans, is violative
igating and lobbying on behalf of
of the laws governing the program
what has turned out to be a con-
Houseman supervises, and consis-
sistently liberal set of ideologi-
tently represents a specific ideo-
cal premises. 7 Although most
logical point of view.
"protection and advocacy" programs
This new form of "government
explicitly or implicitly prohibit
ideology," transcending electoral
lobbying the Federal government,
8
results, is not unique to any sin-
the recipients of "P&A" monies
gle Federal agency.
freely acknowledge that they have
-1-
ignored these statutory
maturity in this country or
restrictions.⁹
in Congress for doing that
In addition to those programs
right now, and, what Congress
expressly authorized to fund
has responded to is not giv-
advocacy activities, there are
ing low-income people dignity
many others which have had that
that comes with meaningful
unintended result.
cash assistance--what they've
For example, a House Appro-
responded to is these
priations Committee report found
individual needs. We'll hand
5
that Sam Brown's ACTION had
them some food stamps--we'll
supported union organizing, funded
give them a section 8 cer-
a training institute for community
tificate, which all of us
activists to the tune of $432,235,
get frustrated about some-
and assigned volunteers to work in
times, because that's not
the 1979 Arkansas primary
really doing anything to
election. 10
eliminate poverty or change
the conditions of poverty.
In any event, you have
Congress responding to
LEGAL SERVICES ADVOCACY
individual needs. They're
not responding to a Poor
People's Platform--they're
But the Legal Services
responding to individual
Corporation (LSC) is probably more
needs. And, whether I like
extensively and exclusively invol-
it or not because of my own
ved in ideologically premised ad-
personal political and social
vocacy than is any other agency.
views I know that on the food
In 1981, this government-
issue I get the most mileage
created, semi-autonomous entity
out of doing a bleeding
received $321,300,000 in taxpayer
heart, kind of churchie,
funding. Like other advocacy
feed-the-poor, kind of
programs, which operate through
thing. 12
extra-governmental non-profit
corporations, it is characterized
Legal services attorneys have
by an organic statute which, while
lobbied or litigated to secure
not saying so, has the effect of
disability payments to individuals
channelling funding to individuals
because they were homosexuals, 13
and organizations on one end of
the cessation of technological de-
the ideological spectrum.
velopment of farm machinery be-
It is an instructive indica-
cause it would put migrant workers
tion of ideological coloration
out of work, 14 the imposition of
that a representative of the LSC-
racial quotas in medical school
allied Food Research and Action
admissions, 15 the turnover of
Center, "11 went unchallenged when
large portions of the Eastern
she stated at a November, 1980
United States to persons of Indian
conference of the National Legal
ancestry, 16 the payment of
Aid and Defender Association:
supplemental social security
benefits to alcoholics, 17 the
What all of us ultimately
establishment of "black English"
care about--ultimately, is
as a separate language, 18 and the
meaningful welfare reform,
upgrading of Armed Forces
and a meaningful redistri-
discharges for persons thrown out
bution of wealth and income
of the service because of
in this country. Well, get-
homosexuality. 19
ting from here to there is
Most of these activities are
easier said than done. It so
not within the scope of litigation
happens that there's not a
envisioned by Congress when it
-2-
passed the Legal Services Corpora-
tion's 1974 charter. This intent
THE ILLEGAL SERVICES CORPORATION
was most clearly stated by Senator
J. Glenn Beall (R.-Md.), when he
said: "[The type of cases which
Section 1007 (b) of the Legal
the Legal Services Corporation
Services Act states:
will be handling] are not cases
which reach headlines or front
No funds made available by
pages of newspapers. But to the
the Corporation
may be
poor, every one of these cases is
used--
important, whether it be the
family being evicted or a mother
(7) to initiate the form-
having her child taken away. Thus
ation, or act as an organ-
the poor (will be) provided
izer, of any association,
representation in difficult day-
federation, or similar
to-day problems in such areas as
entity, except that this
family law, landlord-tenant prob-
paragraph shall not be con-
lems with employment and consumer
strued to prohibit the pro-
cases. "20
vision of legal assistance
Whether various activities by
to eligible clients
Legal Services recipients are
actually illegal under the specif-
Since the creation of the
ic prohibitions of the Act is
Corporation, proponents of the
difficult to judicially estab-
politicized Legal Services Program
lish. In 1977, Congress added a
have attempted to limit the scope
provision to the Legal Services
of the words "initiate the forma-
Act to prohibit a litigant against
tion" and "act as an organizer,"
a Legal Services client from rais-
contained in the section 1007
ing the validity of that represen-
(b) (7) limitation. The House
tation in connection with the pen-
Education and Labor Committee's
ding lawsuit. Instead, represen-
report attempted to draw a
tation questions were to be refer-
distinction between "prepar(ing)
red to the Corporation for resolu-
papers of incorporation" and
tion and, presumably, were to be
performing comparable technical
judicially reviewed, if at all,
services, which it viewed as
only under standards which assumed
lawful, and acting as an impetus
the validity of the Corporation's
to organizing efforts, which even
very broad determination of the
the House committee had to admit
scope of its jurisdiction. 21
is unlawful. 22
Suffice it to say that this
One thing should be clear to
costly and partial procedure for
even the most ardent proponents
challenging LSC jurisdiction has
of expansive LSC powers: A
virtually assured that represen-
Washington-based effort to assist
tation decisions, however unlaw-
in forming a national coalition of
ful, have gone largely unchalleng-
special interest groups does not
ed.
pass muster under the 1007 (b) (7)
In spite of the dearth of ju-
standard.
dicial decisions to provide guid-
In the December, 1979, issue
ance, however, there are a vast
of Clearinghouse Review²³ Alan
number of cases in which involve-
Houseman's Research Institute on
ment by Legal Services recipients
Legal Assistance solicited members
would seem to be clearly in direct
for a "national coalition, Citi-
violation of any of a dozen speci-
zens for Tax Justice (CTJ) a
fic statutory restrictions.
federation consisting of "the na-
tional public interest organiza-
tions, NAACP, National Consumer
-3-
Federation of America, the Nation-
organizations who are allies
al Council of Senior Citizens,
and supporters of legal
Mass Fair Share, Texas-ACORN, the
services. 26
Ohio Public Interest Campaign, the
AFL-CIO, the International Associ-
In another instance, The
ation of Machinists (IAM), and the
Beacon Hill Update bragged that
American Federation of State,
"(t)he four prominent prison re-
County, and Municipal Employees
form groups - Family and Friends
(AFSCME).
of Prisoners (F&F), the American
Readers interested in member-
Friends Service Committee Prison
ship were given the address and
Project (AFSC), the Mass. Correc-
telephone number of the executive
tional Legal Services (MCLS), and
director of CTJ. 24
the Self-Development Group (SDG) -
The article went on to recom-
are working towards building a
mend that "those [LSC-funded] pro-
coalition to strengthen their hand
grams active in tax reform activi-
in opposition to [Massachusetts
ties, but not interested in join-
Governor Ed] King['s] administra-
ing the coalition may want to con-
tion policy [relating to prison
sider contacting the coalition for
construction]". 27
technical assistance and informa-
If these efforts at organiz-
tion about coalition members who
ing coalitions for political pur-
may be active in their local
poses are not in violation of sec-
area." It also solicited sugges-
tion 1007 (b) (7), it is hard to un-
tions and ideas about "other
derstand what is.
actions the legal services and
The Office of Management and
client community could take in
Budget, in an opinion dated May,
conjunction with the CTJ. "25
1981, found widespread violations
In a strikingly similar case
by the Corporation and its recipi-
involving the same recipient,
ents of Federal laws prohibiting
Houseman, in his December, 1980,
lobbying. Acting Comptroller
lobbying strategy memorandum, ad-
General Milton J. Soclar held
vocated the same sort of coalition
that:
building. Stated Houseman:
In summary, through the use
of recipient organizations
First, we are attempting to
and their contacts at the
unite and join together in
State and local level, LSC
this struggle. We have form-
had developed an extensive
ed a coalition with PAG [Pro-
lobbying campaign to support
ject Advisory Group], the
reauthorization legislation
National Clients Counsel
for the corporation and
(sic) (NCC), NLADA [National
related appropriation
Legal Aid and Defender Asso-
measures being considered by
ciation], the National Orga-
the Congress. This activity
nization of Legal Services
violates the anti-lobbying
Workers (NOLSW) and the Mi-
statutory and appropriation
nority Caucus. It will be
restrictions described
expanding to include others
above. 28
from within the legal serv-
ices community, such as
The anti-lobbying provisions
National Association of Indi-
referred to are 18 U.S.C. $1913,
an Legal Services (NAILS),
sections 1006 and 1007 of the
migrant farm workers (sic)
Legal Services Act, and appropria-
group, women's caucus, Orga-
tions restrictions on lobbying and
nization (sic) Legal Services
propaganda.
29
Backup Centers (OLSBUC),
Unlawful lobbying activities
state support and others. It
by the Corporation and its recipi-
will also expand to include
ents take a wide variety of
-4-
forms. Some ostensibly arise out
festation of this strategy. In
of client representation. How-
it, Houseman lays down an eight-
ever, in such cases, when the lob-
point plan for "waging battle" on
bying occurs without the client's
behalf of not only reauthorizing
knowledge or consent, 30 it sug-
legislation satisfactory to the
gests that the client was simply a
Corporation, but also retention of
device for the recipient to engage
other Federal agencies which
in a predetermined mode of policy
President Reagan seeks to replace
3
advocacy.
with block grants. 35 Because it
In addition, however, there
deals with problems other than the
is a day-to-day mechanism where
Corporation's own authorization
issues targeted by backup centers
and because it represents a
on a national level are systemati-
Washington-generated effort, this
cally lobbied by legal services
comprehensive lobbying plan is not
recipient organizations. 31
protected by the two biggest loop-
The method by which issues
holes in LSC's lobbying
are selected varies from case to
prohibitions -- the client repre-
case. In at least one case, a
sentation loophole and the
backup center has polled its mail-
loophole dealing with lobbying on
ing list for recommendations. 32
behalf of Legal Services funding.
After a decision is made to
Key passages include:
lobby on behalf of a given issue,
the backup center phones local
In the short run, a
legal services offices. The local
strong local political base
contact can be a state lobbying
will be critical if we are to
coordinator, as in the case of
successfully obtain support
Marshall Cohen of Pine Tree Legal
from Congress for the contin-
Services in Maine. 33 In other
uation of an aggressive legal
states, there may be no designated
services program.
contact, and the national backup
center simply phones each Legal
we are strengthening
Services office within the
our base of support
state. 34
nationally by developing
Contacts made through this
closer ties and better
system occur regularly. They
relationships with Civil
involve issues which are seemingly
Rights, labor, elderly,
unrelated to the Legal Services
consumer and many other
Corporation's authorizations or
organizations and
appropriations. They may be made
individuals
in response to a poll or other
Washington-based decision-making
we will be increasing the
process, rather than the needs of
Washington lobbying efforts
a particular client. Nothing
of the Corporation and our
would appear to be more clearly in
organizations. NLADA, for
violation of all four major Legal
example, has hired a full-
Services lobbying restrictions.
time experienced lobbyist to
It is against this backdrop
work on legal services and
that the Corporation, in 1980,
other matters. The new en-
launched a massive illegal lobby-
tity being formed will sub-
ing effort to secure its reauthor-
stantially expand our lobby-
ization and, after the election of
ing capacity.
Ronald Reagan to the Presidency,
to achieve the defeat of the
There is ample evidence that
Reagan economic package.
the Houseman plan to defeat the
The lobby strategy memorandum
Reagan budget is being vigorously
by Houseman represents perhaps the
pursued by a wide variety of fund-
most self-evidently illegal mani-
ing recipients.
-5-
Beginning around the first
dent's budget cut proposals. 43
week in March, 1981, hundreds of
In April, 1981, and on numer-
local newspapers began featuring
ous other occassions, Corporation
curiously similar interviews with
President Dan Bradley had stood
the heads of their local Legal
with other Legal Services repre-
Services programs, in many cases
sentatives in the reception room
resulting from press releases
of the Senate chamber, accosting
emanating from those programs.
senators to encourage them to bust
With a similarity of themes
the President's budget resolution.
which makes coincidence unlikely,
According to Budget Committee
these articles bear titles such as
Chairman Pete Domenici (R-N.M.),
"Legal aid lawyer says cuts would
the budget of the Legal Services
hurt rural poor worst, "36 "Cuts
Corporation was not at issue in
Would End Legal Aid to Rural Poor,
connection with this legisla-
Director Warns, ⑉37 "President
tion, 44 meaning that there was no
Reagan's Legal Aid Cuts Will Hurt
section 1006 or 1007 justification
North Dakotan's (sic) According to
which would render the lobbying
State Office News Release, "38
activities lawful.
"Local legal aid staff fears bud-
To staff this elaborate net-
get cuts will hurt clients, ⑉39
work of illegal lobbying activi-
"Legal Services says cutbacks will
ties, the Corporation and its re-
hurt poor, "40 and "Free legal aid
cipients hire on the basis of po-
may be taken from area poor. "41
litical and legislative acumen,
In each article, the director
and actively fight for the reten-
of the local Legal Services pro-
tion of a politicized staff.
gram laments the closing of his
In May, 1977, the National
office which, he claims, will in-
Consumer Law Center bragged that
exorably result from having to
it "has traditionally devoted a
seek funds from block grant money
significant amount of its resourc-
which the Reagan administration
es to legislative activity at the
would make available to the
state and federal level, although
states. Many directors go on to
its resources and willingness to
paint a picture of frustrated poor
be of assistance may not be gener-
people taking to the streets in a
ally known. "45 It went on to ad-
rebirth of the urban rioting of
monish that
=
the willingness of
the 1960's.
Legal Services attorneys to con-
Among the statements typical-
tact (and have others contact)
ly made in defense of Legal
members of Congress can be
Services is a remark by Oakland
crucial. "46
attorney John Burris, who said:
Similarly, the Luzerne County
"[Reagan's Legal Services proposal
Legal Services Association ad-
is] totally insane, exhibiting a
vertised in Clearinghouse Review
callous insensitivity to the needs
for a "law reform specialist, "47
and aspirations of the poor.
and the Contra Costa Legal Serv-
Former National Bar Association
ices Foundation boasted to would
president Robert L. Harris went on
be recruits of its "tradition of
to add that "[b]lack America must
strong community involvement and
rise up and confront the Adminis-
aggressive participation in local
tration on this proposed
political, social and economic
madness. "42
battles on behalf of its client
In implementing the Houseman
communities. "48
plan on the Washington level, the
Clearinghouse Review, which
Food Research and Action Center
received $840,000 from LSC in
and the LSC-funded Native American
Fiscal Year 1981, serves as a bul-
Rights Fund both joined a coali-
letin board for liberal legisla-
tion of feminist groups signing a
tive causes, alerting readers to
petition in protest of the Presi-
Congressional status of liberal
-6-
agenda items such as "intervenor
hibits provision of legal assis-
funding" legislation4 and the
tance with respect to any "pro-
Domestic Violence Prevention and
ceeding or litigation which seeks
Services Act, 50 as well as har-
to
compel any individual or
pooning conservative legislation
institution to assist in the
such as the Family Protection
performance of an abortion, or
Act. 51
provide facilities for the perfor-
mance of an abortion, contrary to
5
the religious beliefs or moral
convictions of such individual or
PRO-ABORTION ACTIVISM
institution."
Obviously, a state or local
government which, reflecting the
religious or moral convictions of
It has become apparent with
its citizens, either by law or
time that the Legal Services Act's
policy, restricts the use of its
prohibition on abortion litigation
facilities and funds in connection
was intended to be more of a loop-
with the performance of abortions,
hole than a proscription. Never-
falls within the category envi-
theless, there are some abortion-
sioned by the statute. Hence,
related activities which the
when in 1979 the Neighborhood
Corporation and its recipients
Legal Services office in
clearly may not engage in.
Pittsburgh forced a Pittsburgh
The language of section 1007
jail to transport an inmate to a
(b) (8) prohibits two different
hospital for an abortion, 53 it was
types of abortion-related activi-
requiring that jail to make avail-
ties. First, it states that:
able its assistance in connection
with the performance of an abor-
No funds made available by
tion, contrary to the religious
the Corporation
may be
and moral convictions of the com-
used
to provide legal
munity, as reflected in the rules,
assistance with respect to
policies, and statutes governing
any proceeding which seeks to
the operation of the jail.
procure a nontherapeutic
In another case, Preterm,
abortion.
Inc. V. Dukakis, Greater Boston
Legal Services helped challenge a
In spite of this language,
Massachusetts law limiting expen-
recipients have engaged in pro-
diture of state funds to abortions
ceedings to procure abortions
necessary to prevent the death of
which cannot reasonably be classi-
the mother. 54 The provision of
fied as "therapeutic." For
those state funds were "assist-
example, in 1979, Michigan Legal
(ance) in the performance of an
Services filed an amicus brief on
abortion," contrary to the reli-
behalf of a governor's item veto
gious beliefs or moral convictions
of a provision barring state funds
of the individuals who enacted the
for nontherapeutic abortions. 52
statute and the citizens of
If Congress intended to go on
Massachusetts who elected them to
record in opposition to the pro-
engage in that law making deter-
curement of individual nonthera-
mination.
peutic abortions, it is highly un-
Similarly, in Zbaraz V.
likely that the Corporation or its
Quern, the Legal Assistance
recipients could successfully
Foundation of Chicago successfully
argue that actions to compel the
sought an injunction against en-
financing of large numbers of non-
forcement of an Illinois statute
therapeutic abortions could pass
preventing state medical payments
muster.
for abortions except when neces-
Section 1007 (b) (8) also pro-
sary to save the life of the
-7-
mother. 55
requirements, either through leg-
For those who would argue
islative advocacy or through liti-
for a very narrow interpretation
gation." He adds: "The National
of this language based on a statu-
Center for Youth Law would be hap-
tory purpose to protect the
py to assist with such efforts. "61
mother, rather than the fetus, it
Again, this is a legislative
is important to note that Legal
advocacy project which was initia-
Services has actively worked on
ted not as a result of client need
behalf of other nontherapeutic
as required by sections 1006 and
operations with ramifications for
1007 of the Legal Services Act,
the mother's health as profound or
but rather as a result of the leg-
more profound than the performance
islative agenda of a backup
of a nontherapeutic abortion.
center.
For example, in June, 1977,
Michael Shepard of Utah Legal
Services sued on behalf of a minor
woman challenging HEW's policy of
DIRTY TRICKS
refusing to pay for nontherapeu-
tic sterilizations of women under
21 years of age. 56 The court dis-
The practice of collecting
missed the case, finding that
dossiers on members of Congress
there was no "suspect classifica-
and their staffs is also encour-
tion" capable of sustaining a con-
aged centrally. Houseman suggest-
stitutional objection to the poli-
ed this when he stated:
cy. 57
Finally, Clearinghouse Review
Analyze new members of
has contained articles advocating
Congress from your area and
abortion-related activities in vi-
review all old members of
olation of abortion, organizing,
Congress. What is needed
politicking and lobbying restric-
is carefully complied (sic)
tions in the Legal Services Act.
information about all members
These included an article by
of Congress. This includes:
feminist Sylvia Law on "Reproduc-
attitudes, public statements
tive Freedom Issues in Legal Ser-
and prior voting records
vices Practice. "58 According to
toward legal services and
Law, "The problems of insuring
other social benefit pro-
poor women the right to reproduc-
grams; their supporters and
tive choice are overwhelming
major contributors from with-
Work in this area can also provide
in the bar and general com-
legal services lawyers opportuni-
munity; possible contacts
ties to form alliance with others,
with their supporters; and
help develop community organiza-
their political base in the
tion, and strengthen the political
district or state
The
base for dealing with issues that
analysis (which will be pre-
critically affect the lives of
pared from this information)
their clients. "59
will also include such infor-
In another article by an at-
mation as prior Congressional
torney employed by the LSC-funded
voting records on legal ser-
National Center for Youth Law,
vices, positions on other
analyzing the "abortion-without-
poor people's issues, commit-
parents'-consent" decision in
tee assignments, names and
Bellotti V. Baird, 60 the author
background of key staff, and
states that "it is important that
which members influence the
legal services attorneys devote
member. 62
considerable energy to opposing
the imposition of burdensome
This advice was echoed at
parental consent and notification
the Legal Services conference in
-8-
San Juan, where one speaker ad-
workers' unions in California,
vised:
Florida, the Midwest, and New
Jersey.68
The more information we have
about the congressional dele-
gations from your state hope-
fully the less we would need
CLASS AGAINST CLASS
to pester you for informa-
tion. Anything that you can
get into our hands makes our
The question of whether Legal
job easier
These are some
Services is illegally shifting its
of the ways that you can feel
entire set of priorities away from
like you are involved in what
the statutorily mandated represen-
happens in Washington, be-
tation of individual poor people
cause God knows I know you
and toward representation of col-
all don't want to just sit
lective interests is of transcen-
home and read the newspapers
dent importance, though it is not
passively about what Congress
as legally clear-cut as the ques-
is going to do to poor people
tion of whether Legal Services is
next year. 63
unlawfully lobbying.
The first finding of section
1001 of the Legal Services Act of
1974 is a declaration that "there
TRAINING AND ORGANIZING THE CADRES
is a need to provide equal access
to the system of justice in our
Nation for individuals who seek
Legal Services training goes
redress of grievances." Section
far beyond instructions on the
1007 (a) (2) (c) mandates that the
simple gathering of political in-
Corporation "insure that recipi-
formation. The January, 1979, is-
ents
adopt procedures for deter-
sue of Clearinghouse Review con-
mining and implementing priori-
tained an article entitled "An
ties taking into account the re-
Advocacy Guide to the Community
lative needs of eligible clients
Development Block Grant Program,"
for such assistance."
intended to advise Legal Services
In short, the statute envi-
lawyers on how to obtain govern-
sions the creation of priorities
ment funds. 64 States the article:
which focus on individual legal
"A community group's main consi-
needs and do not set macrocosmic
deration, for example, might be to
interests of a diverse group of
back a sympathetic political fac-
beneficiaries over the specific
tion or public agency over an un-
needs of eligible clients.
sympathetic one
"65
The Indian claims cases are
As for "labor or anti-labor
one example of how recipients
activities, boycotts, picketing,
have used their mandate to repre-
strikes, and demonstrations,"
sent the poor in a way which may
there is extensive evidence of
be antithetical to the interests
Legal Services involvement in
of the larger portion of their
these as well. In Belle Glade,
clients.
Florida, for instance, attorney
In some of those cases,
Donald Mason of Florida Rural
Legal Services attorneys have sued
Legal Services was active in or-
to return major portions of
ganizing a rent strike against the
Eastern states to the indigenous
local Belle Glade housing authori-
Indian population, without regard
ty.
67 And Charles Fields of the
to the status of current owners of
American Farm Bureau Federation
the land or the number of people
has charged that Legal Services
who would be put out of work as a
lawyers have helped organize farm
result of Indian acquisition of
-9-
the land.
for non-payment of utility bills76
In Maine, Pine Tree Legal
--a suit which, however meritori-
Assistance, Inc. litigated to
ous or non-meritorious, does not
return two thirds of the state to
strictly impact on the client com-
the Passamaquoddy and Penobscot
munity.
Indians, potentially displacing
Similarly, California Rural
350,000 persons. 69
Legal Services, litigated on be-
On Cape Cod, it was the
half of 19 farmworkers to chal-
Native American Rights Fund which
lenge the entire California system
sued to return a large sector of
of publicly sponsored agricultural
the state of Massachusetts to the
research to produce more efficient
Indians. 70
farm machinery, claiming it was
In Utica, New York, farmers
displacing migrant farmworkers. 77
are being sued on behalf of the
The rationale for all of this
Oneida Indians for return of
litigation is curiously self-
roughly 5,000,000 acres of land. 71
contradictory. On one hand, reci-
These cases pit poor landown-
pients are willing to engage in
ers against poor Indians. They
litigation resulting in substan-
pit "economic development" and
tial economic losses for the poor
jobs for eligible clients against
on the basis of a single eligible
persons who are much less likely
client. On the other hand, Legal
to use the land for purposes of
Services recipient organizations
development. Moreover, they rest
freely turn away eligible indigent
on the notion that any eligible
clients on the grounds of priority
client who walks through the door
litigation on behalf of mixed
can invoke Legal Services activity
groups of eligible and noneligible
detrimental to the interests of
beneficiaries.
most other eligible clients.
Legal Services representation of
the Ku Klux Klan is also illustra-
tive of this final proposition. 72
INCITEMENT OF LITIGATION
Ironically, this "impact lit-
igation" against the interests of
many poor people and on behalf of
All of this raises the funda-
as little as a single eligible
mental question of whether the
client has frequently resulted in
types of litigation engaged in by
an inability to adequately service
LSC recipients are being deter-
other eligible clients seeking le-
mined by the needs of particular
gal assistance. For example,
clients or the ideological
Northeast Ohio Legal Services
predilections of taxpayer funded
turned away indigent would-be
lawyers.
clients in order to pursue litiga-
Section 1007 (a) (10) of the
tion designed to prevent United
Act requires that the Corporation
States Steel from closing its
"insure that all attorneys, while
local plants or, alternatively, to
engaged in legal assistance acti-
require it to sell the plants to a
vities supported in whole or in
worker-community group that would
part by the Corporation, refrain
seek Federal funding. 74
from the persistent incitement of
In North Carolina, Catawba
litigation and any other activity
Valley Legal Services, Inc., for-
prohibited by the Canons of Ethics
mally accepted only 587 of 1168
and Code of Professional Responsi-
requests for legal services in
bility of the American Bar
1980. 75 Yet, it spent substantial
Association.
amounts of resources in a suit to
Yet, there is extensive docu-
limit the ability of public utili-
mentation that blatant and persis-
ties to terminate services to
tent incitement of litigation
financially heterogeneous groups
takes place.
-10-
For example, Bob Duren of the
on "legal assistance with respect
Legal Aid Foundation of Los Ange-
to any proceeding or litigation
les advertised in a Los Angeles
relating to the desegregation of
newspaper that six offices of his
any elementary or secondary school
organization were open "to receive
or school system. "82
complaints from victims of police
misconduct." The announcement
went on to offer legal assistance
and referral services for "any
INTERPRETING THE PUBLIC INTEREST
person complaining of police abuse
or misconduct. 78
Likewise, the Veterans Educa-
Section 1007 (b) (5) makes it
tion Project advertised in Clear-
unlawful for the Corporation to
inghouse Review of the availabili-
make grants or enter into con-
ty of material to help homosexuals
tracts with any private law firm
thrown out of the Army upgrade
which expends 50% or more of its
their discharges. 79
resources or time litigating is-
sues in the broad interest of the
majority of the public. NO one
has yet defined with specificity
DISREGARD OF FORCED BUSING
what kinds of litigation fall into
RESTRICTIONS
this category, and no inventory
exists of the amount of "broad
public interest litigation" that
The list of presumably
is annually engaged in by various
explicit proscriptions against
recipients.
Legal Services recipients covers
California Rural Legal
several pages in the United States
Assistance brags that it spends
Code. And, for virtually every
35% of its time litigating class
specific prohibition contained in
action suits alone. As the fol-
the Legal Services Act, there are
lowing examples illustrate, more-
reported instances of abuse.
over, class action suits represent
While the major areas suggesting
only a small percentage of litiga-
pervasive patterns of illegal
tion proscribed by section
activities have already been
1007 (b) (5). Hence, many of these
discussed, it would be unfair to
lawsuits, while perhaps not fall-
suggest that unlawful practices
ing within specific ambit of any
have been limited to these.
other Legal Services Act prohibi-
Other highly questionable
tion, do represent controversial
activities include: Preparation
issues which may put the Corpora-
of a friend of the court brief in
tion and its recipients in viola-
the Bakke case in favor of the
tion of section 1007 (b) (5).
University of California's uncon-
At any rate, these cases di-
stitutionally discriminatory
vert funds from the sort of
admissions system, 80 in violation
landlord-tenant, business-consum-
of the section 1006 (c) (1) prohibi-
er, and husband-wife suits which
tion against LSC "participat( (ion)
the Legal Services Act was intend-
in litigation unless the Corpora-
ed primarily to address.
tion or a recipient of the Corpor-
Massachusetts Law Reform
ation is a party and partici-
Institute offers a revealing
pation by the LSC-funded Center
illustration of this problem when
for Law and Education in a suit
it lobbies for a graduated state
which led a Federal district court
income tax83 or challenges efforts
to place South Boston High School
to reduce welfare fraud. 84 Both
in receivership in order to accom-
of these activities take enormous
plish integration, 81 in spite of
amounts of organizational time and
the section 1007 (b) (9) restriction
represent a clear attempt by legal
-11-
services officials to legislate
the Legal Aid Society of
their particular view of what is
Louisville successfully sued to
good for the poor as a class.
establish the principle that a
In the District of Columbia,
mother's lesbianism is not suf-
the Migrant Legal Action Program85
ficient grounds 95 for changing cus-
challenged the Secretary of
tody of a child,
Labor's failure to promulgate OSHA
All of the activities out-
regulations for farm labor. 86
lined above were brought by orga-
Gabe Kaimowitz and Kenneth
nizations directly Federally fund-
Lewis of Michigan Legal Services
ed by grants from the Legal Ser-
sued to compel the Ann Arbor
vices Corporation. But as has
school district to give special
already been suggested, Clearing-
bilingual education in "black
house Review also performs a very
English. "87
controversial function. A typical
The Federally funded Western
recent article was "Police Bruta-
Center on Law and Poverty of Los
lity," by the Research Institute
Angeles and San Fernando Valley
on Legal Assistance. 96 According
Neighborhood Legal Services of
to this article: "Legal services
Pacoima, California88 litigated to
lawyers and others continue to
compel payment of Federal SSI
litigate these difficult cases and
benefits to alcoholics. 89
contribute to an evolving body of
The Legal Action Support
law regarding them. As part of
Project of the Bureau of Social
this effort to combat [so-called]
Science Research, Inc., studied
police abuse, several publications
food stamp recipients in order to
have been developed to assist both
lay the groundwork for a suit by
lawyers and clients." It proceeds
Alaska Legal Services to require
to refer readers to a publication
people to draw food stamps. 90
by the radical National Lawyer's
In Florida, Legal Services
Guild. 97
recipients are engaged in lawsuits
to strike down vagrancy laws9
state criminal statutes-- presum-
ably in violation of section 1007-
REMEDIES
(b) (2) of the Act, which prohibits
legal assistance with respect to
criminal proceedings.
Politically, the response of
In Dallas, Texas, Legal Serv-
the Legal Services Corporation and
ices has been active in school
its proponents to complaints about
desegregation litigation. 92
these abuses does not suggest that
In Tampa, Bay Area Legal Ser-
they could be corrected by mere
vices filed suit challenging
adjustments in the Corporation's
Florida high school competency
statute.
testing. 93
In the first place, given
In In re Evans, Montana Legal
that the problem is pervasive
Services Association successfully
violation of the LSC statute, how
sued to obtain disability payments
is it possible to alter the
for a "biological male and emo-
statute and thereby correct the
tional female who is presently
deficiency?
attempting to pass in society as a
Second, the Corporation's
woman." Ruling that ridicule of
illegal activities are effectively
his/her transsexuality by fellow
insulated by statute from judicial
workers caused him/her "severe
review. In 1977, ostensibly as a
emotional trauma,' an Administra-
result of large numbers of motions
tive Law Judge found eligibility
challenging the legality of Legal
for Federal SSI and disability
Services representation decisions,
benefits. 94
the Senate Human Resources Commit-
In Stevenson V. Stevenson,
tee reported a bill which would
-12-
have almost totally divested the
an audit by the General Accounting
courts of jurisdiction to deter-
Office of alleged abuses and il-
mine that a particular client
legalities.101
could not be legally represented
One of the representations
with Legal Services money or that
used to defeat the Hayakawa
a particular issue could not be
amendment was a promise that
litigated with Federal funds. 98
liberals on the Labor and Human
Although proponents agreed to re-
Resources Committee would sign a
move the proposal from the Senate
letter requesting a GAO audit once
bill as a result of conservative
the bill was passed. Yet, Senator
pressure, the conference committee
Jacob Javits (R-N.Y.) -who had
reported language which severely
made such a commitment--subse-
limited judicial scrutiny of
quently refused to sign a letter
unlawful Legal Services
requesting the audit when it was
activities.99
forwarded to his office.
Third, concessions making
Fifth, the very nature of the
incremental changes in the Legal
staff attorney system frees Legal
Services statute have never been
Services attorneys from the econo-
regarded by the Corporation as
mic constraints against high-pro-
imposing any permanent restric-
file litigation imposed on most
tions on its conduct. Invariably,
law offices. When the client pays
as soon as the political climate
the lawyer's fee, he has a finan-
improved, LSC was actively working
cial interest in keeping the liti-
to obliterate the last authoriza-
gation focused on his particular
tion's compromises. For example,
grievances. If too much energy
in 1974, a pivotal portion of the
and money is spent on issues with
compromise which allowed the pas-
only broad social ramifications,
sage of the Legal Services Act was
the client will find another
the Green amendment, a provision
lawyer.
prohibiting the establishment of
Because Legal Services
"backup centers" for legal advoca-
recipients do not rely for their
cy and research not directly rela-
income on the poor people who come
ted to the representation of
to them for help, they have been
clients. 100
able to remain accountable to
After having established a
their own priorities and concerns,
political base, the Legal Services
as well as those of backup centers
Corporation proceeded to success-
and other ideological brethren. 102
fully work in 1977 for elimination
It is hard to understand how
of the Green amendment. As par-
any client-responsive system could
tially recounted herein, backup
be structured under which recipi-
centers have subsequently been at
ents were not reliant on clients
the forefront of the illegal and
for funding.
politically questionable activi-
Sixth, so long as the Legal
ties engaged in with Corporation
Services Corporation and its re-
funds. [see Appendix A]
cipients are allowed to engage in
Fourth, the LSC has thus far
representation of groups as oppos-
successfully resisted an in-depth
ed to individuals, the practical
impartial study of allegations of
political effect is the enforce-
improper conduct, and the Senate
ment of an "iron triangle" in
has not been willing to investi-
which liberal congressional com-
gate charges of illegalities. In
mittees, liberal outside groups,
1980, the Corporation succeeded in
and liberal officials of Legal
defeating, with only 24 favorable
Services Corporation recipient
votes, an amendment by Senator
groups join together to tie the
S.I. Hayakawa (R.-Calif.) to con-
hands of whatever titular over-
dition out-year funding for the
seers might be appointed by a
Corporation on the performance of
hypothetical conservative
-13-
administration.
and local governments will be
President Reagan's political
allowed to channel funds to those
appointees in areas such as the
services which they feel are most
Department of Justice already have
urgently required.
seen how difficult it is to exer-
If, as ABA Secretary and
cise any effective control over
Legal Services Corporation board
the monstrous liberal bureaucra-
chairman F. William McAlpin
cies which they are appointed to
contends, "it's not realistic to
supervise.
ask a welfare mother to take ten
Additionally, political
percent of the food out of the
alliances involving Legal Services
mouths of her children in order to
recipients have built a strong and
pay for legal services," it may be
dedicated constituency which is
equally "unrealistic" to require a
prepared to work politically in
diversion of funding from food and
order to thwart any efforts to
housing programs for the poor to a
reign in the bureaucracy. These
program that essentially puts
include homosexual rights groups,
money in the pockets of lawyers.
"tax reform" groups, "Indian
Apparently intimidated by
rights" groups, anti-business
President Reagan's recommendation
groups, and any other movement
that service providers be required
which has benefitted from Legal
to compete for resources under the
Services representation. 103
control of state officials, Legal
As long as the Legal Services
Services Corporation President Dan
Corporation continues to exist as
Bradley responded:
a Federally-funded entity, it will
represent a type of mechanism dif-
I felt an atomic bomb had
ferent from and in many ways more
been dropped on the Legal
insidious than any other Federal
Services Program for the poor
governmental entity: it is a poli-
I wouldn't be surprised if
tical apparatus, largely unrespon-
[Legal Services opponent]
sive to the American electorate,
Howard Phillips were not over
with a broad legal mandate (with
at the Supreme Court building
which it cannot seem to comply)
today with a hammer and a
allowing it to engage in active
chisel, chiseling out the
lobbying and politicking for the
words 'equal justice under
purpose of retaining and expanding
law.' [If the Legal Services
its status as an ideological free
Corporation is not funded,]
agent. The continued existence of
there will not be justice for
this form of mechanism has severe
30 million poor people in
ramifications for our system of
America. 104
democracy.
The first problem with
Bradley's exaggerated predictions
of dire consequences is that Legal
ALTERNATIVES TO THE
Services' current level of funding
LEGAL SERVICES CORPORATION
is historically unprecedented. 105
In 1965, the Office of Legal Serv-
ices was created within the Office
of Economic Opportunity with a
BLOCK GRANTS
budget of $1.3 million. By 1975,
that figure had grown to $90 mil-
The attraction of the compre-
lion, rising to $157.4 million in
hensive Social Services Block
1978, $261 million in 1979, and
Grant approach is that state gov-
$321.3 million for 1981. The 1981
ernments are permitted to set pri-
figure, therefore, was three and
orities among competing service
one half times the amount author-
bureaucracies. If enacted, state
ized only six years earlier. 106
-14-
What McAlpin and his col-
taxable year.
leagues really fear is that states
The proposal would not be
would not place legal services, as
triggered until the attorney had
presently provided, high on the
given at least twenty hours of
list of priorities for servicing
free services for which he
the poor. New York Mayor Edward
received no tax advantage. After
Koch indicated in a statement, "It
this initial $1000 worth of
has always been my policy that
services had been provided, the
Federal financing of the Legal
attorney would be allowed to
Services Corporation should be ex-
deduct fifty percent of the
tended. But now priorities must
reasonable value of the legal
be set. My highest priorities are
services he provided free of
mass-transit aid, the continuation
charge to poor persons. A cap of
of the food stamp program and aid
$50 per hour, and a $1000
under Title XX of the Social
deduction ceiling would be
Security Act for the elderly and
imposed.
very young. "107
The advantage of the
Similarly, a spokesman for
Hyde-Ashbrook tax incentive plan
New York Governor Hugh Carey
is that it would lead to a
stated that the Governor had not
client-based, rather than a
included Legal Services among
provider-based, system for
items on a list of proposed
assuring the poor equal access to
Federal budget cutbacks to which
our system of justice.
Carey would have serious
In other words, eligible
objections. 108
indigent individuals would
But, in other states, such as
establish priorities for
Calfornia, there is strong politi-
representation. This would
cal support for local funding of
contrast sharply with the present
legal services projects.
system, in which the officers and
employees of Legal Services
TAX INCENTIVES FOR LAWYERS
projects are able to set
priorities, controlling, as they
Congressmen Henry Hyde (R-
do, a monopoly on the supply of a
Ill.) and John Ashbrook (R.-Ohio)
"free" service, the demand for
have introduced H.R. 3929, a bill
which is potentially unlimited.
to provide tax incentives for the
provision of free legal services
ALTERNATIVE FUNDING
to the poor. [See Appendix B]
Attorneys would receive a tax
Even without Block Grant
credit for voluntarily contribut-
funds or a system of tax
ing legal services to the poor
incentives for lawyers to contri-
free-of-charge. The credit could
bute their services to the poor,
not be invoked for types of repre-
there are numerous alternative
sentation which could not current-
private and public sources of
ly be funded by the Legal Services
financing, including the
Corporation because of the re-
Administration on Aging, Revenue
strictions contained in section
Sharing, Community Development
1007 (b) of the Legal Services Act.
Block Grants, Titles IX and XX of
In addition, an individual
the Social Security Act, CETA,
could not take a legal services
VISTA, United Way, and many more.
tax credit for representation of
Los Angeles County Bar
poor relatives, representation at
Association President and LSC
criminal proceedings, or represen-
supporter Joseph Mandel concedes
tation which would result in a
that private contributions from
credit exceeding 30% of the
individuals and entities such as
individual's tax liability for the
the United Way can be expected to
-15-
increase somewhat if Legal
utilization of volunteer Legal
Services Corporation grants are
Services by Legal Aid Societies,
eliminated. 109
expansion of Legal Services pro-
Prepaid legal insurance is
vided by individuals on a pro bono
another significant way of meeting
basis, and the enhancement of law
genuine legal needs.
school clinical programs serving
Private lawyers can also be
the poor.
expected to increase their already
Finally, in 1979, Congress
extensive provision of free legal
enacted the Dispute Resolution
services to the poor. Currently,
Act, which was designed to fund
for example, the Los Angeles Bar's
experimental state programs to
Mandel estimates that members of
shift minor controversies out of
his association are annually pro-
courts and into more informal for-
viding more than $2-million of
ums. 115 The notion was that,
free legal services to the
through the increased use of medi-
poor. 110 The Columbus (Ohio)
ation, small claims courts, peer
Citizen-Journal paraphrases a
adjudication, and other methods of
similar sentiment by Legal Aid
informal dispute resolution, the
Society of Columbus Executive
costs of resolving these minor
Director Douglas Rogers: "Before
disputes--in which attorneys fees
the government got into the legal
often far outweigh the amount in
aid business, private lawyers pro-
litigation--could be considerably
vided the poor with free help. "111
reduced. 116 This new program,
For some unexplained reason,
which has not yet received Federal
Rogers felt that "times have
funding, should be given priority
changed," and that these private
ahead of programs to fund more
lawyers would be more reluctant to
costly and formal methods of legal
service the poor today. 112 If
adjudication.
some members of the American Bar
Association have their way, attor-
neys may not have a choice. A
resolution currently under consi-
CONCLUSION
deration by the ABA would require
that lawyers provide a stipulated
amount of pro bono work as a con-
In considering the role of
dition of practice. 113
the Federal government in the pro-
Other approaches are possi-
vision of Legal Services, there
ble. In Sacramento, Democratic
are at least two important public
State Senator Nicholas Petris of
policy questions to be addressed.
Oakland introduced a state bar-
One of those questions
sponsored bill which would allow
relates to the inability of many
interest on client trust fund ac-
Americans, not just the poor, to
counts to be used to pay for legal
afford to sue because of economic
services programs for the poor.
constraint.
The bill is similar to legislation
Contrary to the claims of
which has been approved in
Legal Services Corporation advo-
Florida. 114
cates, there must be some limits
In a commencement address to
on the degree to which the Ameri-
Widener University's Delaware Law
can taxpayer, himself unable to
School, Presidential Counsellor
afford legal services in many
Edwin Meese III advocated "a vari-
cases, must be required to hire
ety of mechanisms such as the
lawyers for others.
Judicare program in which individ-
Another equally, if not more
ual lawyers render service and
important, public policy question
then present their bills to be
is whether the fundamental
recompensed as in the case of
accountability and legitimacy of
Medicare." He went on to discuss
our political system is undermined
-16-
by subsidizing a group of advo-
cates who, purporting to act in
the interests of a class of the
public, are accorded a specially
subsidized place of influence in
the arena of public policy debate.
The problems with the Legal
Services Corporation can not be
cured merely by the designation of
a new board of directors, or the
selection of a new headquarters
staff.
The more than 323 organiza-
tions which are recipients of
Legal Services funds enjoy a pre-
sumptive right to refunding which
will not be affected by the
appointment of Reaganites to
vacancies on the Corporation
Board. No recipient program can
be closed down because of disa-
greement with its policy priori-
ties, only on the basis of estab-
lished violations of an Act which
is itself admittedly full of loop-
holes. Even when violations
occur, procedures are so arcane
that it is virtually impossible to
single out an abusive grantee for
punishment or reform.
Nor would the appointment of
a new board cure the fundamental
structural problem in Legal Ser-
vices: the staff attorney system.
No degree of regulation can
adequately quard against the esta-
blishment of secular faith which
results when some 17,000 individu-
als are given guaranteed annual
salaries and authorized to engage
in lobbying, litigation, grass
roots organizing, media campaigns
and the manipulation of Federal
resources, to advance their parti-
cular notions of what constitutes
justice for the public as a whole,
or for a particular class.
-17-
FOOTNOTES
¹Julian P. Boyd (ed.), Papers of Thomas Jefferson
(Princeton, N.J.), pp. 545-547. This principle was adopted
in 1786 by the Virginia General Assembly, and was
incorporated in the First Amendment.
2Alan W. Houseman, Memorandum, December 29, 1980, p. 1.
3In addition, the Consumer Product Safety Commission is
authorized to pay "offerors" who assist the Commission in
the development of trade regulations.
4Funded groups have included, according to Don Lambro
in Fat City, LSC's own National Consumer Law Center
($675,632 from the Legal Services Corporation in Fiscal Year
1980), the Sierra Club, with $6,473,418 in revenue in 1976;
the Environmental Defense Fund, Inc., $1,788,309 in 1976;
the Natural Resources Defense Council, $2,036,797 in 1976;
Consumers Union, with assets of $10,000,000 in 1977 (Ryan
K. Falconer, Jr., "Liberal Lobbyists on the Dole,"
Conservative Digest, October, 1979, p. 10.); and the
National Council of Senior Citizens, which received
$50,000,000 out of a $52,000,000 budget in Federal funds
(Rochelle L. Stanfield, "Defunding the Left' May Remain
Just Another Fond Dream of Conservatives," National Journal,
p. 1376).
515 U.S.C. §57a(h).
642 U.S.C. $6012.
7MOSt often, Federally financed litigation under this
program takes the form of efforts to push for more extensive
forms of custodial care for the handicapped. Active
lobbying has occurred on behalf of increased funding for
handicapped programs and various efforts to increase the
responsiblity of the Federal government in this area.
8see, e.g., 42 U.S.C. $6012.
9In Louisiana, for example, despite enactment of the
McClure amendment prohibiting "protection and advocacy"
monies for the handicapped from being used to lobby the
Federal government, recipients of such Federal funding
freely conceded to me that they had subsequently engaged in
such activities.
¹⁰congressional Record, September 21, 1979, pp.
S13138-S13145.
Footnotes, continued
11The Food Research and Action Center received from the
Community Services Administration $645,000 in the twelve
month period which will end 12/1/81, according to Larry
Goldberg, Assistant Director for External Affairs Designate,
September 11, 1981.
12Bari Schwartz, at a conference of the LSC-funded
National Legal Aid and Defender Association (NLADA) in San
Juan, Puerto Rico, November 9-14, 1980.
13In re Evans (Soc. Sec. Admin., Bur. of Hearings &
App., Sept. 17, 1979). See also Clearinghouse Review,
January, 1980, p. 715. See also supra.
14 Two Complaints," The New Republic, February 3, 1979,
p. 5. See also supra.
15The 36-page amicus brief was filed on June 7, 1977, by
Alice Daniel and James E. Coleman, Jr., on behalf of the
Legal Services Corporation. The Regents of the University
of California V. Allan Bakke, No. 76-811 (U.S.S.Ct., Oct.
term, 1976). See also Congressional Record, June 27, 1977,
p. H6540. See also supra.
16In one case in Maine, 350,000 people would have been
displaced had the LSC lawyers prevailed with respect to the
initially requested remedy. A similar suit brought by the
LSC-assisted Wampanoag Tribe asserts ownership of the entire
town of Mashpee, Massachusetts, or approximately 17,000
acres. See "Indians on the Lawpath," The New Republic,
April 30, 1977, pp. 16-21. See also supra.
17 Shirley Scheibla, "Bar Sinister: The Legal Services
Corporation Stretches its Mandate," Barron's, January 24,
1977, pp.5, 12. See also supra.
.8Reginald Stuart, "Court to Decide if Black English is
a Learning Barrier," New York Times, June 12, 1979. See
also supra.
19 Clearinghouse Review, March, 1980, p. 878. See also
supra.
20congressional Record, January 31, 1974, p. S1626.
21 Legal Services Act, section 1006(b) (1) (B).
22H. Rep. 93-247, June 4, 1973, P. 12.
Footnotes, continued
23 Clearinghouse Review is the Legal Services
Corporation's Federally financed in-house organ. According
to Linda Perle, Assistant General Counsel of LSC's
Washington, D.C. office, Fiscal 1981 funding was $840,000.
24 Clearinghouse Review, December, 1979, p. 603.
25Ibid.
26Houseman, p. 7.
27 'Advocates Want to Stop Prison Boom," The Beacon Hill
Update, December 29, 1980, p. 4. The Beacon Hill Update is
published by North Shore Community Action Center, Inc. which
receives part of its funding from the Community Services
Administration.
28 Letter from Acting Comptroller General Milton J.
Soclar to Congressman F. James Sensenbrenner, Jr., May 1,
1981, p. 12.
29The fundamental anti-lobbying statute at Federal law
is 18 U.S.C. §1913, which seeks to prohibit direct or
indirect payment for "any personal service, advertisement,
telegram, telephone, letter, printed or written matter, or
other device, intended or designed to influence in any
manner" any Federal legislation, except by communications to
Congress through official channels. This section can be
overridden with respect to a particular program by express
statutory language to the contrary.
Section 1006 (c) of the Legal Services Act makes it
unlawful for the Corporation to "undertake to influence the
passage or defeat of any legislation," but creates
exceptions for legislation directly affecting the
Corporation or Corporation testimony at the request of a
legislative body or member. Section 1007(a) (5) of the Act
makes it unlawful for a Legal Services recipient to lobby,
but exempts activity on behalf of the Corporation's affairs,
legislatively requested testimony, and activity on behalf of
a client.
Finally, there is a provision in P.L. 95-431, October
10, 1978, which has explicitly been made applicable to the
Corporation's appropriations each year since Fiscal 1979,
which states:
" Provided, No part of this appropriation shall be
used for publicity or propaganda purposes designed to
support or defeat legislation pending before Congress
or any State legislature."
Footnotes, continued
Suffice it to say that the exceptions contained in the
two Legal Services Act proscriptions are very broad. The
ability of the Corporation and its recipients to lobby is,
however, not limitless, even under the broadest possible
interpretations of its organic statute. All four civil and
criminal prohibitions in the act, for instance, would seem
to apply to a Washington-initiated effort not directly
related to the Corporation's affairs.
30schwartz, infra.:
And, make sure that everything is covered, so
that we don't have the situations where you don't
have the file on a client who you say you're
representing and somebody calls this client - that
happened to us in Georgia once, where the client
said, "I had no idea that somebody was gonna go to
the legislature for me. You know, I just knew I'd
talked with somebody in the program.
Although the criminal penalties specified in the
second paragraph of section 1913 deal specifically with
"officer(s) or employee( of the United States or of any
department or agency thereof," the first paragraph in no way
limits the section 1913 prohibition to those personages.
Rather, they apply to any person who appropriates his monies
for any of the prohibited activities.
31schwartz, infra.:
there's around 17 national support centers now,
and one of the encouraging developments of the last
couple of years - again, as you all know - is that
most of the support centers have now opened
Washington offices, something that the Corporation
has definitely encouraged and supported. All of us,
in some way or another, have taken a lot of pains
over the last few years to try to nurture the
development of major national organizations of low
income people around our different substantive
issues. So, we relate to national groups as well as
to all of your individual clients and state and
local client groups.
Schwartz, infra.:
Every support center has a different mechanism for
deciding priorities - for deciding what kinds of
issues we're going to work on. A number of us have,
over the last couple of years, developed
questionnaires. FRAC, for example, sent out a major
questionnaire this summer to everyone on our mailing
list. We have about 4500 people on our mailing
list. And we ask people to write the different
Footnotes, continued
activities that we work on to - and, when I say
activities I mean both substantive issues - we
listed every possible substantive issue, generally
falling under the rubric of food and hunger.
33pine Tree Legal Services recieved $1,258,577 from LSC
in Fiscal Year 1980.
34Schwartz, infra.:
The way we've organized ourselves in Maine is you
are supposed to call my office - I think Marshall's
in the state capital in Maine - you're supposed to
call my office - you're supposed to ask for me and I
will then get the job done. This is the way we want
it done in Maine. That is perfectly fine for us -
that helped us out a great deal to know that. And
that's the sort of thing you - I encourage you to
think through in your states. I also want to make a
point about how you can help us out to make people
realize in your state that they do make a difference
when we put out mailings, which I know you must get
several each month from all the support centers -
asking local people - local legal services people
and clients - to try and get letters coming into
Congress on different issues.
35Houseman, pp. 7-9.
36The Atlanta Journal, March 24, 1981, p. 1.
37The Grand Rapids Press, March 11, 1981.
38park River, North Dakota, Press, March 18, 1981.
39Fredericksburg, Virginia, Free Lance-Star, March 7,
1981.
40 Harrisburg, Pennsylvania, News, March 10, 1981.
41 Knoxville, Tennessee, Journal, March 27, 1981.
42 Black Lawyers' Prexy Assails Budget Cuts,"
Sacramento, California, Observer, March 19, 1981.
43Bernard Weinraub, "Feminist Groups Attack Reagan
Budget Cutbacks," New York Times, March 27, 1981. The
Native American Rights fund received $238,337 from LSC in
Fiscal Year 1980.
Footnotes, continued
44 Congressional Record, April 1, 1981, p. S3180.
45Clearinghouse Review, May, 1977, p. 23. The National
Consumer Law Center received $675,632 from LSC in Fiscal
Year 1980.
46Ibid.
47 Clearinghouse Review, March, 1977, p. 1006.
48Clearinghouse Review, March, 1977, p. 1003. The
Contra Costa Legal Services Foundation received $471,158
from LSC in Fiscal Year 1980.
49 Clearinghouse Review, May, 1977, p. 25.
50 Clearinghouse Review, January, 1981, p. 955.
51 Ibid.
52 Stopczynski V. Milliken, No. 45458 (Mich. Ct. App.,
filed July 17, 1979). Clearinghouse Review, October, 1979,
p. 457. The Michigan Legal Services received $317,235 from
LSC in Fiscal Year 1980.
53 Doe V. Jennings, No. 79-681D (W.D. Pa., May 23,
1979). Clearinghouse Review, October, 1979, p. 466.
Neighborhood Legal Services of Pittsburgh received
$1,504,638 from LSC in Fiscal Year 1980.
54Clearinghouse Review, April, 1979, p. 913. Greater
Boston Legal Services received $2,285,187 from LSC in Fiscal
Year 1980.
55Clearinghouse Review, March, 1979, p. 840. The Legal
Assistance Foundation of Chicago received $3,986,657 from
LSC in Fiscal Year 1980.
56peck V. Califano, No. C 76 229 (D. Utah, June 30,
1977). Clearinghouse Review, November, 1979, p. 494. Utah
Legal Services received $1,002,878 from LSC in Fiscal 1980.
57 Ibid.
58 "Reproductive Freedom Issues in Legal Services
Practice, # Clearinghouse Review, November, 1978, pp.
389-403.
59Ibid., p. 403.
Footnotes, continued
6099 S.Ct. 3035 (1979). The National Center For Youth
Law received $625,158 from LSC in Fiscal Year 1980.
61 Clearinghouse Review, February, 1980, p. 763.
62Houseman, p. 13.
3schwartz, infra.
4Clearinghouse Review, January Supplement, 1979, pp.
601-679.
65 Ibid., p. 641.
⁶⁶Florida Rural Legal Services received $1,969,236 from
LSC in Fiscal Year 1980.
67See Frederick Burger, the Miami Herald, March 25,
1981, where Mason is quoted as saying: "What this town needs
is a good B-52 strike."
68Hearings on the Legal Services Corporation,
Subcommittee on Courts, Civil Liberties and the
Administration of Justice, House Judiciary Committee, March
25, 1981.
69 Robert Levey, "Maine Indian land pact becomes law,"
the Boston Globe, October 11, 1980, p. 19. Scheibla, January
24, 1977, p. 12.
"Trial Opening Today Could Decide If Indians Own Land
on Cape Cod," New York Times, October 17, 1977.
71walter C. Mehlenbacher, Castile, New York, News
Release, undated.
72Bill Winter, "Klan Defense Raises Legal Aid Furor,"
American Bar Association Journal. "Legal Services Defends
Klan," (National Lawyer's) Guild Notes, January-February,
1980.
73Northeast Ohio Legal Services received $496,351 from
LSC in Fiscal Year 1980.
74John C. Boland, "Unholy Alliance: Church Groups,
Legal Services Corp. Launch Attack on U.S. Steel," Barron's,
June 2, 1980, pp. 9, 20-25, 31.
75Marla Carpenter, "Legal Services Agency Faces Fight
For Existence, Hickory, North Carolina, Record, March 13,
1981.
Footnotes, continued
76 Ibid.
77 Two Complaints," New Republic, p. 5. California
Rural Legal Assistance received $4,797,568 from LSC in
Fiscal 1980.
78Los Angeles, California, Southside Journal Wave,
February 12, 1981. The Legal Aid Foundation of Los Angeles
received $3,035,565 from LSC in Fiscal Year 1980.
79 Clearinghouse Review, March, 1980, p. 878
80Filed June 7, 1977, by Alice Daniel and James E.
Coleman, Jr., The Regents of the University of California
V. Allan Bakke, No. 76-811 (U.S. S. Ct., October term,
1976).
81 Shirley Scheibla, "Bar Sinister-Part II: How the
Legal Services Corporation Thwarts the Will of Congress,"
Barron's, January 31, 1977, p. 20. The Center for Law and
Education received $601,472 from LSC in Fiscal Year 1980.
82 Congressional Record, April 1, 1981, p. S3177.
83 Scheibla, January 24, 1977, p. 5.
84william F. Doherty, "Garrity stops King's welfare roll
probe," the Boston Globe, April 4, 1979.
85The Migrant Legal Action Program received $565,827
from LSC in Fiscal 1981.
86National Congress of Hispanic American Citizens V.
Usery, 554 F.2d 1196 (D.C. Cir. June 1, 1977).
Clearinghouse Review, December, 1977, p. 506.
37stuart, infra.
88The Western Center on Law and Poverty of Los Angeles
received $1,076,198 from LSC in Fiscal Year 1980, and the
San Fernando Valley Neighborhood Legal Services of Pacoima
received $922,379 from LSC in Fiscal Year 1980.
89 Scheibla, January 24, 1977, p. 12.
90 Scheibla, January 31, 1977, p. 20. Alaska Legal
Services received $1,448,196 from LSC in Fiscal 1980.
91A1 French, "Legal Services' 'struggle for survival,
Florida Agriculture, April 1, 1981, p. 2.
Footnotes, continued
92Terrence Stutz, "Judge Taylor quits Dallas
desegregation suit," the Dallas Morning News, March 21,
1981, p. 1. Dallas Legal Services Foundation received
$1,369,509 from LSC in Fiscal Year 1980.
93 Debra P. V. Turlington, 474 F. Supp. 244 (M.D.
Florida, July 12, 1979). Congressional Record, November 17,
1980, p. E4956. Bay Area Legal Services received $732,704
from LSC in Fiscal Year 1980.
94In re Evans, infra. Montana Legal Services received
$990, 119 from LSC in Fiscal 1980.
95 Stevenson V. Stevenson, No. 79-CA-1588-MR (Ky.Ct.App.,
Nov. 7, 1979). Clearinghouse Review, January, 1980, p.
686. The Legal Aid Society of Louisville received
$1,061,527 from LSC in Fiscal Year 1980.
96Clearinghouse Review, January, 1980, pp. 670-1.
97 Ibid., p. 671.
98s. 1303, §6(a), 95th Congress.
This is the current section 1006(b) (1) (B) of the Legal
Services Act, which states:
(B) No question of whether representation is
authorized under this subchapter, or the rules,
regulations or guidelines promulgated pursuant to this
subchapter, shall be considered in, or affect the
final disposition of, any proceeding in which a person
is represented by a recipient or an employee of a
recipient. A litigant in such a proceeding may refer
any such question to the Corporation which shall
review and dispose of the question promptly, and take
appropriate action. This subparagraph shall not
preclude judicial review available under applicable
law.
100 The Green amendment, which was enacted in section
1006 (a) (3) of the Legal Services Act, which stated:
the Corporation is authorized-
(3) to undertake directly and not by grant or
contract--
(A) research,
(B) training and technical assistance, and
(c) to serve as a clearinghouse for
information. (Emphasis added)
The 1977 amendments explicitly allowed all of these
activities to be engaged in by grant or contract.
Footnotes, continued
101 Congressional Record, June 13, 1980, pp. S6878-81.
2Schwartz, infra.
103For example, representatives of Welfare Rights Organi-
zations from several states sit on the boards of directors
of LSC National Support Centers, including the Center on
Social Welfare Policy, the National Center on Women and
Family Law, the National Health Law Program, and the Nation-
al Senior Citizens Law Center. Maggie Kuhn of the Gray Pan-
thers is also on the board of the National Senior Citizens
Law Center as is a representative of the American Associa-
tion of Retired People which receives $40 million per year
in Federal funding (according to National Journal, op. cit.,
p. 1376). Representatives of the Youth Project funded by
VISTA during the tenure of its former director Marge Taban-
kin, the Mexican American Legal Defense Fund, the Worker
Rights Institute, and the United Construction Workers Asso-
ciation, all serve on the board of the National Employment
Law Project. Alan Houseman, Director of the LSC-funded
Research Institute on Legal Assistance, advises in his
introduction to the "Information Directory on National
Support Projects," that among the principle functions of LSC
National Support Centers is "to coordinate and establish
networks with other advocate organizations and organiza-
tions representing the poor." Margaret E. Wagner, ed.,
"Information Directory on National Support Projects," (Re-
search Institute on Legal Assistance, Legal Services Corp.:
1979).
104 WDVM-TV, Washington, D.C., March 7, 1981, 6:00 p.m.
105In addition to the $321.3 million the Legal Services
Corporation distributes to grantees, information aquired by
The Conservative Caucus Research, Analysis, and Education
Foundation through use of the Freedom of Information Act has
indicated that individual grantees have received funds from
the Department of Energy, the Federal Trade Commission, the
U.S. Department of Housing and Urban Development,
ACTION/VISTA, the Community Services Aministration, the
Equal Employment Opportunity Commission, and the U.S.
Department of Health and Human Services' Office of Civil
Rights.
106For an excellent summary of LSC's prodigious growth
and recidivism, see Don Lambro, Fat City: How Washington
Wastes Your Taxes, (South Bend: Regnery/Gateway, 1980),
pp. 332-38.
107 Angel Castillo, "Legal Services Lawyers Descry Plans
to Halt Funds," New York Times, March 14, 1981.
108Ibid.
Footnotes, Continued
109Gene Blake, "Proposed Budget Cut May Drastically
Curtail Legal Aid to Poor," Los Angeles Times, March 15,
1981.
110Ibid.
lllMary Carran Webster, "Legal aid attorneys fear cuts
will leave poor defenseless," Columbus Citizen-Journal,
March 20, 1981, p. 2. The Legal Aid Society of Columbus
received $791,291 from LSC in Fiscal Year 1980.
112Ibid.
113see, e.g., the American Bar Foundation news release,
"Mandatory Pro Bono Work the Legal Profession's Last Chance
to Preserve Its Spirit of Public Service, Speculates an
Attorney-Scholar," March 16, 1981.
114Alan Ashby, "Bar Bill Offered To Use Interest For
Legal Aid Plans,' the Los Angeles Daily Journal, March 20,
1981.
115pub. L. 96-190, 94 Stat. 17.
116H. Rep. 96-492, September 28, 1979.
APPENDIX A
NATIONAL SUPPORT CENTER
FISCAL YEAR 1980 FUNDING
Center for Law and Education
Cambridge, Massachusetts
$ 601,472
Center on Social Welfare Policy and Law
New York, N.Y
691,258
Migrant Legal Action
Washington, D.C
565,827
National Center for Immigrants' Rights
Los Angeles, Calif.
130,000
National Center on Women and Family Law
New York, N.Y
167,500
National Center for Youth Law
San Francisco, Calif
625,158
National Clients Council
Washington, D.C
550,000
National Consumer Law Center
Boston, Mass
675,632
National Economic Development Law Project
Berkeley, Calif.
423,669
National Employment Law Project
New York, N.Y
520,760
National Health Law Program
Santa Monica, Calif
630,061
National Housing Law Project
Berkeley, Calif.
740,234
National Legal Aid and Defender Association
Washington, D.C
53,000
National Senior Citizens Law Center
Los Angeles, Calif.
609,079
National Social Science & Law Center
Washington, D.C
317,090
Native American Rights Fund/Indian Law Support Center
Boulder, Colo
238,337
APPENDIX B
I
97TH CONGRESS
1ST SESSION
H.R.3929
To amend the Internal Revenue Code of 1954 to provide a credit for the
provision of certain charitable legal services.
IN THE HOUSE OF REPRESENTATIVES
JUNE 16, 1981
Mr. HYDE (for himself and Mr. ASHBROOK) introduced the following bill; which
was referred to the Committee on Ways and Means
A
BILL
To amend the Internal Revenue Code of 1954 to provide a
credit for the provision of certain charitable legal services.
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That Part IV of subchapter A of chapter 1 of the Internal
4 Revenue Code of 1954 (relating to credits against tax) is
5 amended by adding at the end thereof the following new
6 section:
7 "Sec. 44F. Credit for charitable legal services.
8
"(a) ALLOWANCE OF CREDIT.-
2
1
"(1) GENERAL.-In the case of a qualifying
2
person (as defined in subsection (d)(2)), there shall be
3
allowed as a credit against the tax imposed by this
4
chapter for the taxable year an amount equal to 25
5
percent of the value of charitable legal services (as de-
6
fined in subsection (d)(1)) provided by such person
7
during the taxable year in noncriminal proceedings or
8
matters to an eligible client, other than are described
9
in subsection (b)(3).
10
"(2) AMOUNT.-The value of charitable legal
11
services shall be an amount equal to the reasonable
12
fixed or contingent fee that would have been charged
13
to a similarly situated client paying for such services.
14
"(b) LIMITATIONS.-
15
"(1) GENERAL RULE.-The credit allowed by
16
subsection (a) shall not exceed 30 percent of the
17
liability for tax for the taxable year.
18
"(2) No CREDIT AGAINST CERTAIN TAXES.-
19
The credit allowed by subsection (a) shall not be al-
20
lowed against the tax imposed by section 56 (relating
21
to minimum tax for tax preferences), Section
22
72(m)(5)(B) (relating to 10 percent tax on premature
23
distributions to owner-employees), section 408(f) (relat-
24
ing to additional tax on income from certain retirement
H.R. 3929-ih
3
1
accounts), and section 402(e) (relating to lump-sum
2
distributions).
3
"(3) No CREDIT FOR SERVICES PROVIDED TO
4
CERTAIN RELATIVES.-The credit allowed under this
5
section shall not be allowed with respect to charitable
6
legal services provided to an eligible client who bears
7
any of the relationships described in paragraphs (1)
8
through (8) of section 152(a) to the taxpayer, or, if the
9
taxpayer is a professional corporation, to any stock-
10
holder of such corporation, or if the taxpayer is a
11
member of a partnership, to any other member of such
12
partnership.
13
"(4) No CREDIT FOR CERTAIN SERVICES.-The
14
credit allowed under this section shall not be allowed
15
with respect to-
16
"(A) charitable legal services rendered, di-
17
rectly or indirectly, to influence the issuance,
18
amendment, or revocation of any Executive order
19
or similar promulgation by any Federal, State, or
20
local agency, or to undertake to influence the pas-
21
sage or defeat of any legislation by the Congress
22
of the United States, or by any State or local leg-
23
islative bodies, or State proposals by initiative pe-
24
tition, except where—
H.R. 3929-ih
4
1
"(i) representation by a qualifying
2
person for any eligible client is necessary to
3
the provision of legal advice and representa-
4
tion with respect to such client's legal rights
5
and responsibilities (which shall not be con-
6
strued to permit a qualifying person to solicit
7
a client, in violation of professional responsi-
8
bilities, for the purpose of making such rep-
9
resentation possible); or
10
"(ii) a governmental agency, legislative
11
body, a committee, or a member thereof re-
12
quests the qualifying person to testify, draft,
13
or review measures or to make representa-
14
tions to such agency, body, committee, or
15
member, or is considering a measure directly
16
affecting the activities for which a credit is
17
allowable under this section;
18
"(B) any political activity, or any activity to
19
provide voters or prospective voters with trans-
20
portation to the polls or provide similar assistance
21
in connection with the election (other than legal
22
advice and representation), or any voter registra-
23
tion activity (other than legal advice and
24
representation);
H.R. 3929-ih
5
1
"(C) legal assistance in civil actions to per-
2
sons who have been convicted of a criminal
3
charge where the civil action arises out of alleged
4
acts or failures to act and the action is brought
5
about against an officer of the court or against a
6
law enforcement official for the purpose of chal-
7
lenging the validity of the criminal conviction;
8
"(D) support for or conduct of training pro-
9
grams for the purpose of advocating particular
10
public policies or encouraging political activities,
11
labor or antilabor activities, boycotts, picketing,
12
strikes, and demonstrations, including the dissemi-
13
nation of information about such policies or activi-
14
ties, except that this paragraph shall not be con-
15
strued to prohibit the training of attorneys or
16
paralegal personnel necesary to prepare them to
17
provide adequate legal assistance to eligible
18
clients;
19
"(E) initiating the formation, or organizing,
20
of any association, federation, or similar entity,
21
except that this subparagraph shall not be con-
22
strued to prohibit the provision of legal assistance
23
to eligible clients;
24
"(F) legal assistance with respect to any pro-
25
ceeding or litigation relating to abortion unless
H.R. 3929-ih
6
1
such abortion is necessary to save the life of the
2
mother, or support in whole or in part of any
3
legal assistance activity of any attorney in con-
4
nection with any proceeding or litigation relating
5
to abortion unless such abortion is necessary to
6
save the life of the mother;
7
"(G) legal assistance with respect to any
8
proceeding or litigation relating to the desegrega-
9
tion of any elementary or secondary school or
10
school system;
11
"(H) legal assistance with respect to any
12
proceeding or litigation arising out of a violation
13
of the Military Selective Service Act [50 App.
14
U.S.C. 451 et seq.] or of desertion from the
15
Armed Forces of the United States, except that
16
legal assistance may be provided to an eligible
17
client in a civil action in which such client alleges
18
that he was improperly classified prior to July 1,
19
1973, under the Military Selective Service Act or
20
prior corresponding law;
21
"(I) legal assistance for or on behalf of any
22
individual who is known to be an alien in the
23
United States in violation of the Immigration and
24
Nationality Act or any other law of the United
25
States, or convention or treaty to which the
H.R. 3929-ih
7
1
United States is a party, relating to the immigra-
2
tion, exclusion, deportation, or expulsion of aliens;
3
or
4
"(J) legal assistance for any litigation which
5
seeks to adjudicate the legalization of homo-
6
sexuality.
7
"(c) CARRYOVER AND CARRYBACK OF UNUSED
8 CREDIT.-
9
"(1) ALLOWANCE OF CREDIT.-If the amount of
10
the credit allowed under subsection (a) for any taxable
11
year exceeds the limitation provided in subsection (b)(1)
12
for such taxable year, such unused credit shall be-
13
"(A) a charitable legal services credit
14
carryover to each of the three taxable years fol-
15
lowing the taxable year during which such unused
16
credit occurs,
17
"(B) a charitable legal services credit carry
18
back to each of the three taxable years preceding
19
the taxable year during which such unused credit
20
occurs
21 and shall be added to the amount allowable as a credit by
22 subsection (2) for such years.
23
"(2) LIMITATION.-The amount of the unused
24
credit which may be added under paragraph (1) for any
25
preceding or succeeding taxable year shall not exceed
H 3020-ih
8
1
the amount by which the limitation provided by subsec-
2
tion (b)(1) in such taxable year exceeds the sum of-
3
"(A) the credit allowable under subsection (a)
4
for such taxable year, and
5
"(B) the amounts which, by reason of this
6
subsection, are added to the amount allowable for
7
such taxable year.
8
"(d) DEFINITIONS.-
9
"(1) CHARITABLE LEGAL SERVICES.-The term
10
'charitable legal services' shall mean legal services (in-
11
cluding all ordinary and necessary expenses paid or in-
12
curred with respect thereto for which no deduction
13
under section 162 has been taken by the taxpayer) per-
14
formed by a qualifying person for an eligible client,
15
from which no net earnings accrue to the benefit of
16
such qualifying person.
17
"(2) QUALIFYING PERSON.-The term 'qualifying
18
person' means—
19
"(A) an individual admitted or otherwise au-
20
thorized by law, rule or regulation, to practice
21
law under the laws of any state or the District of
22
Columbia, or
23
"(B) a professional corporation all of whose
24
stockholders are individuals described in subpara-
25
graph (A).
H.R. 3929-ih
9
1
"(3) ELIGIBLE CLIENT.-The term 'eligible
2
client' means any person financially unable to afford
3
legal assistance as determined by the Secretary under
4
subsection (e).
5
"(e) ELIGIBILITY GUIDELINES.-The Secretary shall
6 establish, in consultation with the Director of the Office of
7 Management and Budget, guidelines setting maximum
8 income levels (taking into account family size, urban and
9 rural differences, and substantial cost-of-living variations) for
10 eligible clients under this section. Such guidelines shall insure
11 that the eligibility of clients will be determined on the basis of
12 factors which include—
13
"(1) the liquid assets and income level of the
14
client,
15
"(2) the fixed debts, medical expenses, and other
16
factors which affect the client's ability to pay,
17
"(3) the cost of living in the locality, and
18
"(4) such other factors as relate to financial in-
19
ability to afford legal assistance, which may include
20
evidence of a prior determination that such individual's
21
lack of income results from refusal or unwillingness,
22
without good cause, to seek or accept an unemploy-
23
ment situation."
H.R. 3929-ih
10
1
SEC. 2. The table of sections for part IV of subchapter
2 A of chapter 1 of the Internal Revenue Code of 1954 is
3 amended by adding the following at the end thereof:
"Sec. 44F. Credit for charitable legal services."
4
SEC. 3. The amendment made by the first section of this
5 Act shall apply to legal services rendered after September
6 30, 1981.
H.R. 3929-ih
MICHAEL E. HAMMOND
Michael E. Hammond has served as General Counsel to the
Senate Steering Committe since 1978. Previously, he
was special Assistant to U.S. Senator Harry F. Byrd,
Jr. (I-Va.) and was Legislative Assistant to Senator
James L. Buckley (R-C-N.Y.).
Formerly a Contributing Editor to Financial World, Mr.
Hammond has had his articles published in the
Washington Star, the Christian Science Monitor, the
Conservative Digest, and Human Events.
After graduating magna cum laude from Washington
University of St. Louis in 1971, Mr. Hammond attended
the New York University School of Law from which he
received a Juris Doctor degree in 1975. He was
admitted to practice by the bar of the State of New
York, the District of Columbia, and by the Supreme
Court of the United States.
Mr. Hammond was a member of the Reagan Transition Team
for both the Justice and Education Departments.
The Conservative Caucus Research, Analysis, and
Education Foundation (TCCRAEF) is a not for profit 501
(c) (3) research organization which documents the
voting records of incumbent Senators and Congressmen,
analyzes Federal grants and contracts to non-profit
corporations, and reviews U.S. national security
policy. Contributions to TCCRAEF are fully tax
deductible and there are no limits on how much can be
contributed.
Nothing written here is to be construed as necessarily
reflecting the views of The Conservative Caucus
Research, Analysis and Education Foundation or as an
attempt to aid or hinder any bill before Congress.
4 e
G
- e