SC Access To Justice Weblog

Exploring ways to expand and enhance legal services to South Carolinians with low income or of modest means

Follow-up to UNDERSTAND?

MORE, MORE, MORE

Earlier this week, I pointed you toward a New York Times article as well as the Brennan Center study about Language Access in the Courts

Earlier today Claudia Johnson of ProBono.net pointed me toward yet another related work, this one by the State Justice Institute (SJI).

Well worth a follow-up.

-RFW

Filed under: 1, Court, LEP, Law, Legal, Limited English Proficiency, Plain English, Plain Language, Readability, South Carolina Access to Justice Commission, access to justice, access to justice blog, attorney, blog, court innovation , , , , , , , , , ,

Health Care and Bankruptcy: Not a Match Made in Heaven

Health or Money: The Choice is Yours

Health or Money: The Choice is Yours

In this week’s issue, the Free Times quotes Commissioner Sue Berkowitz speaking about health care, insurance and the effect of facing medical bills without insurance:

Forty-six million Americans, including 750,000 South Carolinians, are going uninsured,” Sue Berkowitz, director of the South Carolina Appleseed Legal Justice Center, said in kicking off the forum.study, Berkowitz said that 50 percent of personal bankruptcies in the nation stem from medical bills.

Many more are underinsured, and the numbers of people in both categories have been increasing for years.

At the same time, health care costs have been spiraling out of control for just as long and exacting a crushing toll on household and business finances. Citing a

That’s a staggering figure – 50% of personal bankruptcies in the United States stem from medical bills!

Click here to read the full article.

-RFW

Filed under: 1, Health Care, Law, Legal, SC Appleseed Legal Justice Center, South Carolina, South Carolina Access to Justice Commission, access to justice, access to justice blog, attorney, disability, elderly, indigent, people with disabilities, poverty, public interest attorney , , , , , ,

This American Life Features SRLs

Just posted this on Twitter, then realized, why not add to the Blog?

On this site, you’ve read about Self-Represented Litigants or SRLs numerous times. And, last December, SCETV’s The Big Picture featured Access to Justice with a focus on SRLs. This week, NPR’s This American Life features SRLs in their episode #385 entitled “Pro Se.”

Should be interesting. I’ll be tuning in!

-RFW

Filed under: 1, Law, Legal, Right to Counsel, SCETV, South Carolina Access to Justice Commission, South Carolina Educational Television, access to justice, access to justice blog, attorney, self-represented litigant , , , , , , , , , ,

HUD Provides Guidance re: Reporting by Victim Service Providers

An E-Alert via NLADA led me to the HUD’s online Guidance on HPRP Subgrantee Data Collection and Reporting for Victim Service Providers. This is important so as to preserve the integrity of the safety for victims of domestic violence.

 The American Recovery and Reinvestment Act of 2009 (ARRA) states that grantees receiving Homelessness Prevention and Rapid Re‐Housing Program1 (HPRP) grants “shall collect data on the use of funds awarded and persons served with this assistance in HUD’s Homeless Management Information System (HMIS) or other comparable database.” (ARRA, p. 107) HPRP subgrantees (including organizations providing HPRP assistance under contract with a subgrantee) must also meet this requirement.

HUD has determined that HPRP subgrantees that are victim service providers as defined by the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Pub. L. 109‐162) (VAWA) should NOT enter data directly in HMIS and must use a “comparable database.” VAWA defines a victim service provider as a nonprofit or nongovernmental organization including rape crisis centers, battered women’s shelters, domestic violence transitional housing programs, and other programs whose primary mission is to provide services to victims of domestic violence, dating violence, sexual assault, or stalking.

-RFW

Filed under: 1, DOJ, Department of Justice, Law, Legal, access to justice, access to justice blog, domestic violence, homeless, housing , , , , , , , , , , , ,

Neither Sleet nor Snow nor Hurricanes nor Tornadoes . . .

Sleet Snow Hurricane Tornado

Sleet Snow Hurricane Tornado

Remember the Post Office slogan starting with “Neither Sleet nor Snow. . .?” Sure, but did you know that  there is a site for National Disaster Legal Aid that will provide legal services to individuals during and after disasters?

The site is a collaboration of the American Bar Association (ABA), the Legal Services Corporation (LSC), the National Legal Aid & Defender Association (NLADA), and Pro Bono Net.

In case you missed our earlier post, be sure to add this site to your emergency preparation list.

And, keep in mind that nothing works better in a disaster than preparation.

-RFW

Filed under: 1, Ask-A-Lawyer, Law, Legal, access to justice, access to justice blog, attorney, blog, legal aid, pro bono , , , , , , , , , , , ,

5 States Receive ProBono.Net Award

What do Georgia, Idaho, Kentucky, Minnesota, and New York have in common?

Sounds like the start of a joke, but it’s not. If it were, they would be laughing all the way to the bank.

Instead ProBono.Net has awarded these five states’ legal services organizations developing innovative online document assembly projects through its NPADO Demonstration Project.  The projects address legal issues including foreclosure, criminal expungement and the needs of the Spanish-speaking community.

To read more, click here.

Congratulations!

-RFW

Filed under: 1, Immigration, LEP, Law, Legal, Legal Documents, Limited English Proficiency, Plain English, Plain Language, access to justice, access to justice blog, advocacy, attorney, court innovation, foreclosure, housing, indigent, legal aid, poverty, pro bono, public interest attorney, subprime mortgage crisis , , , , , , , , , , , , , , , , , , ,

Understand?

What?

What?

One word can make a huge difference. It’s what comes before and what follows that’s equally important, especially in court.

There’s a good article in the New York Times about the study, Language Access in the Courts, by the Brennan Center for Justice about the necessity of understanding the proceedings not only in criminal cases but in civil cases too.

Interpreters in the courts is an issue that was identified by the South Carolina Access to Justice Commission via the 2008 public hearings – both for South Carolinians who are deaf and those with limited English proficiency (LEP). Since that time, we have been working on ways to improve interpretation in the courts.

If you’re curious about law/summaries for interpretation in South Carolina courts or other states, the study is worth a read. Or if you want a quick peek, check out the NY Times article.

-RFW

Filed under: 1, Court, Immigration, LEP, Law, Legal, Legal Drafting, Legalese, Limited English Proficiency, Plain English, Plain Language, Readability, South Carolina, South Carolina Access to Justice Commission, South Carolina Court Administration, South Carolina Courts, access to justice, access to justice blog, attorney, blog, court innovation , , , , , , , , , , , ,

Happy 4th of July – Featuring artwork by Chloe

Happy 4th of July by guest artist Chloe Rothstein!

Happy 4th of July by guest artist Chloe Rothstein!

There’s nothing like original artwork from a guest artist. And I have to say thanks to today’s special guest artist, Chloe Rothstein. Yesterday she came by my office and asked if there was something she could do to assist. Unfortunately at that time my tasks were simply “my tasks” (read: chores)

And then I remembered how Chloe’s mother, Jill, had regaled me with stories of Chloe’s artistic talent, including photos for emphasis. And if you’ve read this blog more than once, you would have noticed my original artwork. If you’re new, hint: my photography is usually better than the pieces themselves. But I digress. So I gave Chloe the task of coming up with art that would follow a 4th of July theme. And the drawing above is the result.

And it perfectly sums up the holiday.

We have the flag (Old Glory) with its stars and stripes that represent the original colonies and the states.

Then we have the fireworks. I can’t remember a 4th without the boom and sparkle!

We have the greeting “Happy 4th of July.”  And truly it is a happy holiday. It’s a celebration by all in the U.S., both citizens and non-citizens. You don’t have to be invited to someone’s house to celebrate; there are community events open to all.

So Chloe – thank you.

Thank you for offering your help and delivering it.

And, have a Happy 4th of July!

-RFW

Filed under: 1, Law, South Carolina, South Carolina Access to Justice Commission, access to justice, access to justice blog , , , , , , , , ,

Harriet McBryde Johnson: A Tribute

In June 1999, while I was studying for the South Carolina Bar Exam, an event occurred many miles away that would significantly impact my life. The United States Supreme Court decided Olmstead v. LC on June 22, 1999. (If you’re not familiar with this landmark decision, please read it or about it)

I know, you’re wondering “What does this have to do with Harriet?”

Read on.

My first job out of law school was at Protection and Advocacy for People with Disabilities, Inc. (P&A) as the PAIMI attorney. Most of my time was spent in mental health institutions working on civil rights for people with serious mental illness. And then in January 2000, I was asked to work to implement the Olmstead decision in South Carolina.

That’s when Harriet entered my life.

I’d heard about Harriet. Much. She was tenacious. She was a force to be reckoned with. But I’d not yet met her. Harriet was a board member at P&A and at one time had worked there. Now she was a successful attorney in Charleston. I couldn’t wait to meet this woman who struck fear in some and awe in others.

And then she came to a meeting. A small woman with a long braid in a big wheelchair. We exchanged greetings and the meeting started. We discussed the usual stuff. And then she spoke. Wow. She didn’t yell. She didn’t rant. She spoke. With feeling. With knowledge. With personal conviction. Harriet won me over.

Over the next several years, I would work with Harriet on some projects, even give joint presentations. I read her books. Her short stories. I brought her to tears once with a personal story. (I didn’t mean to do that) We lunched together. Then we no longer lunched together because of special diet restrictions.

I told her I admired her. She questioned me “why? Because I’m in a chair and I do things?” I stammered and stumbled all over my words. I wish I’d been able to answer her appropriately that I admired her simply because she inspired me to be a better person. A better attorney.

Harriet didn’t relinquish much. And she didn’t turn away from a fight. She was a great woman and a great attorney.

July 8, 2009 would have been Harriet’s 52nd birthday.

And July 8, 2009 there will be a concert in Charleston to benefit the Harriet McBryde Johnson scholarship. Details below from SCWLA:

Music will focus on Latin music and protest songs.  Leah Suarez and Lindsay Holler will be the featured performers.  The event is July 8th at 7 pm at Circular Church, 150 Meeting Street, Charleston, South Carolina.  The suggested donation is $10.00. 

If you cannot attend, but would like to send a contribution:
Checks should be written to:  USC Educational Foundation, Memo line “Harriet M. Johnson Scholarship”  

Mailed to:   Office of Development USC, School of Law 701 S. Main Street Columbia, SC 29208   For more information, contact Susan Dunn at 830-1571, skingdunn@aol.com.

-RFW

Filed under: 1, Court, Law, Legal, South Carolina, South Carolina Bar, access to justice, access to justice blog, advocacy, attorney, disability, law students, people with disabilities, protection and advocacy system, public interest attorney , , , , , , , , , , , , ,

A look at June

For some reason, I wanted to celebrate June on the blog. Maybe it’s because June introduces summer. And summer holds precious memories for many – school is dismissed, it’s a popular wedding month, the longest day of the year in the northern hemisphere.

Let’s take a look at history in June:

  1. June 1st - Kentucky became the 15th state in 1792, Tennessee became the 16th state in 1796
  2. June 2 – 1924 President Calvin Coolidge signs the Indian Citizenship Act granting citizenship to Native Americans born in U.S. territories
  3. June 4th – 1919 Congress approves the 19th Amendment (Women’s Rights)
  4. June 6th – D-Day (1944)
  5. June 14th – Flag Day (USA)
  6. June 15th – Arkansas became the 25th state in 1836
  7. June 19th – Juneteenth aka Emancipation Day especially in Texas
  8. June 20th – 1863 West Virginia became the 35th state
  9. June 22-23 – Summer Solstice
  10. 3rd Friday – Midsummer (Finland & Sweden)
  11. 3rd Sunday – Father’s Day (USA)
  12. Gay Pride in honor of Stonewall Riots 1969
  13. Children’s Day in many countries
  14. June 30th – 1921 Former U.S. President (#27) William Howard Taft is Appointed as the 10th Chief Justice of the  United States

Enjoy!

-RFW

Summer Solstice: Famously Hot

Summer Solstice: Famously Hot

Filed under: 1, Court, Law, Legal, President, South Carolina Access to Justice Commission, access to justice, access to justice blog, attorney, children, constitution , , , , , , , , , , , , , , , , , , , , , , , , , , ,

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