NCJ Number
47626
Date Published
1976
Length
15 pages
Annotation
THE HISTORY OF THE MOVEMENT TOWARD THE PROVISION OF LEGAL SERVICES TO ENSURE EQUAL PROTECTION UNDER THE LAW FOR ALL CITIZENS REGARDLESS OF THEIR ABILITY TO PAY HAS BEEN STEEPED IN RANCOR AND CONTROVERSY.
Abstract
LONG BEFORE THE CHARGES AND COUNTERCHARGES OF POLITICS AND POVERTY LAWYERS UNDER THE OFFICE OF ECONOMIC OPPORTUNITY (OEO) LEGAL SERVICES PROGRAM BEGAN, R. H. SMITH ANALYZED THE EFFECTS OF DENYING THE POOR EQUAL ACCESS. IN 'JUSTICE AND THE POOR' (1919) HE NOTED THAT WITHOUT EQUAL ACCESS FOR THE POOR, THE LAW MAY BECOME A WEAPON OF OPPRESSION AND EXTORTION. EARLY LEGAL AID PROGRAMS HAD STRINGENT REQUIREMENTS, WERE UNDERSTAFFED, AND RECEIVED ONLY MARGINAL SUPPORT. AS LATE AS 1965 LEGAL AID SOCIETIES AND THE PUBLIC DEFENDER SYSTEM SERVED LESS THAN 5 PERCENT OF THE POOR. BY 1972, OEO'S OFFICE OF LEGAL SERVICES PROJECTS PROCESSED OVER 1.3 MILLION CASES ON A BUDGET OF $65.8 MILLION. PREVENTIVE LAW AND LAW REFORM BECAME ESSENTIAL WEAPONS IN THE POVERTY LAWYER'S ARSENAL. WHILE ONLY 2 PERCENT OF LEGAL SERVICES CASES LITIGATED CAN ACTUALLY BE CLASSIFIED AS LAW REFORM, THEIR IMPACT ON THE LEGAL SITUATION OF THE POOR WAS GREAT. AS THE SCOPE OF SOCIAL ADVOCACY ACTIVITIES BY LEGAL SERVICES PROGRAMS INCREASED, SO DID THE OPPOSITION TO THE PROGRAMS. ATTEMPTS TO UNDERMINE PROVERTY LEGAL PROGRAMS AROSE ON THE NATIONAL, STATE, AND LOCAL LEVEL; AND IT WAS BECOMING INCREASINGLY CLEAR THAT THE PROGRAM WOULD HAVE TO BE MADE COMPLETELY FREE FROM THE POLITICAL ARENA IF ITS INDEPENDENCE AND INTEGRITY WERE TO BE PRESERVED. IN JULY OF 1974. A BILL ESTABLISHING A PRIVATE, NONPROFIT LEGAL SERVICES CORPORATION WAS SIGNED INTO LAW. THE NEW CORPORATION WAS INSULATED FROM THE KIND OF STATE POLITICS WHICH HAD PREVIOUSLY BEDEVILED THE PROGRAM. BUT ITS LACK OF FREEDOM TO UNDERTAKE LOBBYING EFFORTS, RESTRICTIONS ON PUBLIC INTEREST LITIGATION, THE DELETION OF BACKUP RESEARCH AND RESOURCE CENTERS, AND PRESIDENTIAL CONTROL OF BOARD APPOINTMENTS, CONTINUE TO INHIBIT ATTAINMENT OF THE GOAL OF PROVIDING FULL AND EQUAL ACCESS TO THE LAW FOR ALL CITIZENS REGARDLESS OF THEIR ABILITY TO PAY. NOTES ARE PROVIDED AT THE END OF THE VOLUME. (JAP)