A New Threat to Legal Aid

A federal district court handed legal aid lawyers--and their impoverished clients--a significant victory last month in terms of freedom of action. But in so doing, the court has waved a red flag at some members of Congress who, unwisely we think, seek to eliminate all federal funds for legal aid groups nationwide.

The Legal Aid Society of Orange County joined four other agencies in January to sue the Legal Services Corp., the federally chartered corporation that distributes operating funds, because the LSC had agreed to severe restrictions imposed last year. A district court in Hawaii properly agreed with local groups in California, Hawaii and Alaska and imposed a preliminary injunction against a particularly objectionable congressional provision that limits how these groups spend non-tax dollars, the funds they raise privately.

The court ruled that this restriction violated 1st Amendment rights to associate and petition the government for redress of grievances. If the Legal Services Corp. decides not to appeal, the injunction will stand, pending a full trial on the issue.

Private funds, raised through foundation grants and individual donations, represent a major source of income for many local legal aid groups. This money, estimated at $250 million nationally, has helped groups keep afloat in the face of congressional budget cuts, for instance. Last year, Congress slashed federal legal aid funding from $400 million to $283 million.

In an effort to appease conservative lawmakers who wanted to kill all funding for legal services in the belief that these operations pursued liberal political goals, recipient agencies were forced to swallow a host of new restrictions. These ranged from bans on filing class action suits to challenges to government action, such as claims involving welfare reform or changes in Social Security or veterans benefits. Also barred was any litigation related to abortion and representation of prisoners. Congress applied these restrictions even to activities the legal services agencies undertook using private funds, the issue before the Hawaii federal court.

The congressional actions were unwarranted and punitive. They have eviscerated legal aid agencies and, as a result, seriously eroded the ability of poor Americans to obtain representation for problems ranging from housing discrimination to help in writing a will or adopting a child.

Hearings were held last week on President Clinton’s new budget request for the Legal Services Corp. of $340 million, an increase over last year’s appropriation. But last month’s court ruling has stoked the fire of those who would once again try to eliminate all federal legal aid. We hope more compassionate heads will prevail.