Deeper understanding of the attacks on legal services

There can no longer be any doubt. 

Our most fundamental values of the rule of law and justice for all are under attack – from the highest office in the land. OneJustice stands on the side of love and justice in condemning the President’s comments that excused and defended the racism, antisemitism, white terror, and horrific violence in Charlottesville this week.

As many have noted, the President’s words, actions, and tweets this week have revealed his heart and soul.  His remarks have also revealed a stark context within which we must place the administration’s work to dismantle yet another core tenet of our justice system – the idea that our justice system must be equally accessible to all, regardless of ability to pay.

Graffiti on a white wall that says "we cry for justice"Funding made possible by the Legal Services Corporation – or “LSC” – is the only way many Americans can access our country’s justice system.  Congress created LSC over forty years ago because it specifically found that “providing legal assistance to those who face an economic barrier to adequate legal counsel will serve best the ends of justice…”  LSC administers funding throughout the country so those families, veterans, seniors, and individuals living at or below 125% of the poverty line can meaningfully access our justice system in civil cases relating to basic life necessities.

Perhaps it is unsurprising, then, that the Trump administration seeks to completely eliminate the Legal Services Corporation.  Certainly after the President’s remarks this week, the administration’s efforts to eliminate this critical mechanism for providing free legal help to those in need must be understood within in this broader context of white supremacy, racism, and bigotry.

Sadly, Our Legal System Leaves Most Americans at the Door

America’s democracy rests on the ideal of a legal system that treats everyone equally.  We value this impartiality because it advances our sense of justice. It would feel unfair, for example, if judges always spoke Latin legalese to those who are poor but plain English to those who are wealthy.

Yet, our country’s legal system does indeed disadvantage people who cannot afford to hire an attorney. Laws and court rules are difficult to research and understand. Legal procedures are complicated, with long forms and a variety of ways to accidentally lose your case. Our legal system is organized to work best for those who can afford an attorney to navigate the confusing maze.

And yet, far too many Americans must navigate the maze completely on their own. According to a new report by LSC, low-income Americans had to fend for themselves for nearly 9 out of 10 civil legal issues. These issues include domestic violence, elder abuse, foreclosure, veterans’ benefits, natural disaster recovery, and others.

The Legal Services Corporation Ensures Justice for Millions of American Families

Image of the cover of the Justice Gap report by LSCLSC estimates that in 2017, Americans in every state will turn to LSC-funded legal aid for help with 1.7 million legal problems.  With the largest population in the country of people who are eligible for these services, California receives more funding from LSC than any other state: almost $44 million per year. This makes LSC the largest funder of legal aid services in California – resulting in legal help for over 200,000 Californians throughout the state each year.

LSC is the only reason many rural Californians have access to legal aid at all. Most non-LSC legal aid exists in coastal urban and suburban areas where is there is some local and philanthropic funding to help those communities. If LSC were to disappear, poor rural Californians (and other rural Americans) are at the greatest risk.

In addition, to place these vital services squarely in the context of this week’s events – almost 70% of Californians who receive legal help through LSC-funded programs are people of color.  The Administration’s budget proposal to end the Legal Services Corporation must be viewed through a lens of race and equity.  Eliminating access to legal advice and attorneys at the same time that communities of color are literally under attack must be understood as concurrent strategies – and we, as a diverse network of justice seekers, must resist both.

The Fight for Justice – We Need You

Although the Trump Administration’s budget calls for the complete elimination of LSC funding for legal aid services, Congress has resisted – drawing upon decades of bipartisan support for legal aid services.  While the House of Representatives appropriations committee disappointingly voted to cut federal legal aid funding by $85 million (or 24%), the comparable Senate committee voted to keep LSC’s funding at its current level of $385 million.  Now California’s legal aid nonprofits are braced – waiting to see what happens next.

When legislators return to D.C. in September, they will have only four weeks and even fewer legislative days to decide the 2018 budget. The House and Senate could negotiate LSC’s regular spending bill in a conference committee. Alternatively, they might pass a combined (i.e. “omnibus”) spending bill to avoid a government shutdown on October 1st.  Your powerful and passionate voice will be needed to urge Congress to stand up to this administration’s efforts to end LSC and ensure full funding for legal aid services.

Please sign up here for short alerts and threats to federal funding for legal aid and ways you can speak out when it matters most.  Your voice will be needed – to remind Congress why it created the Legal Services Corporation in the first place and why standing up for LSC is more important than ever.  Thank you.

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