October Wrap-Up SC Supreme Court News

Last month there was a lot of excitement at the South Carolina Supreme Court.

• For those interested in state politics, we had an ethics probe case, with video.
• For those of us in the legal profession, results from the July Bar Exam were published.
• For those interested in research and accessibility, we saw the re-opening of the Supreme Court Library.
• And for those of us interested in Court innovations and access to justice, we saw the establishment of a new Task Force – TASK FORCE ON STATE COURTS AND THE ELDERLY.

If you have a moment, take a look at these news items. Each offers perspective into the work of the Court and its endeavor to serve access to justice.

-RFW

Filed under: 1, Charleston School of Law, Court, Law, Legal, Right to Counsel, South Carolina, South Carolina Access to Justice Commission, South Carolina Court Administration, South Carolina Courts, South Carolina Supreme Court, access to justice, access to justice blog, advocacy, attorney, blog, court innovation, elderly, law librarians, law students, public interest attorney , South Carolina Supreme Court, Legal Profession, October Wrap, Supreme Court of South Carolina, Ethics Probe Case, SC Politics, State Politics, July Bar Exam, Supreme Court Library, Task Force, Task Force on State Courts and the Elderly, Geriatric, Guardian, Guardian ad Litem

Blog Action Day 2009: Climate Change

You may wonder what Climate Change has to do with Access to Justice. And at first glance, it may not seem to have a connection. But when you consider the potential negative effects of Climate Change such as lack of clean water supplies and more natural disasters, the connection becomes less tenuous.

Consider clean water. If Climate Change impacts clean water supply, it is likely that costs of water purification will rise even if the demand remains constant. This would impact people living in poverty such that not only would they be less likely to have access to the clean water, but their health may be at risk. With many people in poverty already living without health insurance, the numbers of unhealthy poor people will be expected to rise. With people paying a premium for water, simply for sustenance, they are less likely to be able to afford legal assistance.

Now consider increasing natural disasters. The entire U.S. nation watched Hurricane Katrina unfold. Who suffered most in this historic natural disaster? People living in poverty. They were less likely to be able to transport their families and themselves out of harm’s way. Even if they were able to do that, they were less likely to have home insurance. Less likely to have skills necessary to relocate to another location where their job skills would easily translate into a new/different job.

As stewards of this planet, we need to consider how our actions affect not only ourselves, but our neighbors as well.

As noted on the front page of Blog Action Day: Climate change affects us all and it threatens more than the environment. It threatens to cause famine, flooding, war, and millions of refugees.

Isn’t it time we consider our actions?

-RFW

Filed under: 1, Health Care, Law, Legal, South Carolina Access to Justice Commission, access to justice, access to justice blog, blog, elderly, hunger, poverty , access to justice, Blog Action Day 2009; Climate Change, people living in poverty

Elkins Family Law Task Force Recommendations Open for Comment

On October 2, 2009, the Elkins Family Law Task Force released its draft recommendations for ways to improve access to justice in the California Family Court system.

The public comment period is October 1, 2009, through December 4, 2009.

The draft recommendations and an online comment form are available at www.courtinfo.ca.gov/jc/tflists/elkins.htm.

In addition, the task force will hold two public hearings to receive in-person comments on the draft recommendations. The public hearings will be held on Thursday, October 22 in San Francisco, and on Tuesday, October 27 in Los Angeles. For information and to sign up to participate in the public hearings, go to www.courtinfo.ca.gov/jc/tflists/elkins.htm.

To learn more about the Task Force, view the FACT SHEET.

It’s evident from the List of Topics (below) that the Task Force worked hard to review the entire system:

1. Right to Present Live Testimony at Hearings
2. Expanding Legal Representation and Providing a Continuum of Legal Services
3. Caseflow Management
4. Providing Clear Guidance Through Rules of Court
5. Children’s Voices
6. Domestic Violence
7. Enhancing Safety
8. Contested Child Custody
9. Minor’s Counsel
10. Scheduling of Trials and Long-Cause Hearings
11. Litigant Education
12. Expanding Services to Assist Litigants in Resolving Their Cases
13. Streamlining Family Law Forms and Procedures
14. Enhancing Mechanisms to Handle Perjury
15. Standardize Default and Uncontested Process Statewide
16. Interpreters
17. Public Information and Outreach
18. Judicial Branch Education
19. Family Law Research Agenda
20. Court Facilities
21. Leadership, Accountability, and Resources

The SC Access to Justice Commission will continue to follow the project and update you as it develops.

-RFW

Filed under: 1, Civil Gideon, Court, LEP, Law, Legal, Legal Documents, Legal Drafting, Legalese, Limited English Proficiency, Plain English, Plain Language, Readability, Right to Counsel, Rule of Law, South Carolina Access to Justice Commission, access to justice, access to justice blog, advocacy, attorney, blog, children, court innovation, divorce, domestic violence, elderly, foster parents, indigent, law librarians, law students, legal aid, poverty, poverty guidelines, public interest attorney, self-represented litigant , California Courts, California Family Court system, Draft Recommendations, Elkins Family Law Task Force, Public Comment, public hearings

SC awarded AoA Grant to Assist Seniors Access Legal Services

Just a little while ago, I was on a conference call with representatives from California, Louisiana, Maine, Missouri, Nebraska, North Carolina, Ohio, Rhode Island, South Carolina, Utah and Vermont as we discussed 2009 Model Approach Grants awarded to our respective states. The press release is below:

AoA-Grants.Announcement-09_18_09

Exciting news for SC and access to justice for senior South Carolinians!

-RFW

Filed under: 1, Ask-A-Lawyer, Charleston Pro Bono Legal Services, Charleston School of Law, LEP, Law, Legal, Legal Clinic, Legal Documents, Legal Drafting, Legalese, Limited English Proficiency, SC Bar, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar, South Carolina Bar Pro Bono Program, South Carolina Courts, South Carolina Legal Services, access to justice, access to justice blog, advocacy, attorney, blog, disability, elderly, indigent, law students, legal aid, poverty, pro bono, self-represented litigant , 2009 Model Approach Grants, Access Legal Services, Administration on Aging, AoA, SC, Seniors, South Carolina

Guess

What do Harvest Hope and SC foreclosures have in common?

If you guessed that South Carolina has seen a marked increase in foreclosures and requests for food have markedly increased, you win!

According to the Columbia Regional Business Report (CRBR):

South Carolina’s foreclosure rate from July to August 2009 was up 1.94%, reported national real estate tracking company RealtyTrac.com. That number is more than 78% higher than it was one year ago.

According to Harvest Hope:

In the first quarter of 2009, Harvest Hope experienced a 142%  increase in the number of families needing assistance.

Earlier today I attended a fundraiser luncheon for Harvest Hope. It made me focus on how the problems faced by so many living in poverty are faces of our neighbors, our friends, our loved ones.

The “featured” speaker at the luncheon was someone who had been working – two jobs. Two good, solid jobs. Then she got ill. Which started the medical bills and absence from work. Which caused her to lose her jobs. Both jobs. The bills kept coming. When it came to paying bills, she used her money for medical bills and medication. Then she lost her home. She stopped eating so much. That made her sicker. Then she found Harvest Hope.

She was able to eat.

The doctors are still trying to figure out what is “wrong” with her. In the meantime, she can eat. Without Harvest Hope and the necessary nutrition it provides, she would be even more sick.

While these societal problems may not be legal, I guarantee that the Legal Aid Telephone Intake Service (LATIS) has been referring people to Harvest Hope.

And once people have nutrition and can think about something other than an empty belly, then they may call LATIS for assistance with a problem with their Landlord. Or maybe for help with their Medicaid benefits. Or help with a way to escape their abusive spouse.

-RFW

Filed under: 1, AIDS/HIV, Ask-A-Lawyer, Health Care, Law, Legal, South Carolina, South Carolina Access to Justice Commission, South Carolina Legal Services, Unemployment, access to justice, access to justice blog, advocacy, attorney, blog, children, disability, divorce, domestic violence, elderly, employment, foreclosure, homeless, housing, hunger, indigent, people with disabilities, poverty, poverty guidelines, public interest attorney, subprime mortgage crisis , abusive spouse, Columbia Business Regional Report, foreclosure, Harvest Hope, hungry, Landlord, Landlord/Tenant, LATIS, Legal Aid Telephone Intake Service, Medicaid benefits, poverty, RealtyTrac.com, South Carolina, Tenant

P&A Wants You(r Input)!

Every year the South Carolina protection and advocacy system, Protection and Advocacy for People with Disabilities, Inc. (P&A) asks for public opinion on what they should do also known as priority work areas.

Their Board of Directors reviews the information from the public and compares it to data they have received throughout the year. Once the Board has completed this process, it sets the priority work areas for the year. The reason they’re asking for it now is that their fiscal year runs October 1 to September 30.

To get your input into setting their priority work areas, P&A asks that you complete their online survey that will close on September 10, 2009.

-RFW

Filed under: 1, AIDS/HIV, DOJ, Election, Health Care, Immigration, LEP, Law, Legal, Legal Clinic, Limited English Proficiency, South Carolina, South Carolina Access to Justice Commission, Unemployment, access to justice, access to justice blog, advocacy, attorney, blog, children, constitution, disability, elderly, employment, homeless, housing, hunger, indigent, legal aid, people with disabilities, poll, protection and advocacy system, public interest attorney, self-represented litigant, veterans , South Carolina, protection and advocacy system, P&A, Protection and Advocacy for People with Disabilities Inc., http://www.pandasc.org/, priority work areas, Suggestion Box

Health Care and Bankruptcy: Not a Match Made in Heaven

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 , American Journal of Medicine, bankruptcy, Commissioner Sue Berkowitz, Free Times, Health Care, South Carolina Appleseed Legal Justice Center

Don’t Get Hurled Away by a Hurricane!

Hurricane season is here! (June 1-November 30) 

A hurricane can have potentially long lasting and devastating effects if you are caught unprepared.  It is not difficult to take steps before a hurricane hits to protect you and your home, but dealing with the aftermath of a hurricane when you did not prepare can be a long painful process.  Don’t wait until a hurricane is on its way toward your home town; take the time now to secure the safety of you and your family so you are not caught off-guard by a hurricane this season.  In South Carolina, the South Carolina Emergency Management Division is a great place to start to prepare for a disaster.

Steps to take before a hurricane hits (FEMA):

1. Secure your home with permanent storm shutters or plywood.
2. Make sure your roof is securely fastened to the frame structure of your home.
3. Trim trees and shrubs.
4. Clean out rain gutters and downspouts.
5. If you have a boat, secure it.
6. Build or determine which room in your house is the most secure in case of an emergency.
7. Make copies of your personal records including Social Security Card, Birth Certificate, Passport, etc.  Give the copies to relatives in another state or keep them stored electronically where they can be accessed from anywhere.

How to get help after a hurricane hits (National Disaster Legal Aid):

1. A list of local organizations that can help can be found at www.lawhelp.org
2. If you lose your ID, passport, Social Security card, or other important documents you can find out how to replace them at www.uslegalforms.com/life-documents.htm
3. Sometimes homes are destroyed or inaccessible in the wake of a hurricane and families are not able to return home.  The US Department of Housing and Urban Development Office of Public and Indian Housing and FEMA have programs that provide temporary housing.
4. Families that are displaced due to hurricane might have problems finding employment.  The Disaster Unemployment Assistance Program gives assistance through unemployment benefits.  You cannot be eligible for these benefits if you already receive unemployment.  Visit their website for eligibility requirements.
5. If you are displaced because of a hurricane then your children will need to find a temporary school to meet their education needs.  www.serve.org/nche/downloads/dis_hb/parents.pdf.
6. Disaster food stamps assistance is available in the wake of a hurricane.
7. Legal aid attorneys can help with landlord/tenant issues, contractor disputes, insurance issues and more.
8. Other websites that can help in disaster preparedness:
   1. www.redcross.org
   2. www.abanet.org/disaster
   3. www.nilc.org/disaster_assistance/index.htm

-Allie

Filed under: 1, HHS, Health Care, Immigration, Law, Legal, Legal Documents, SSDI, SSI, South Carolina, South Carolina Legal Services, Unemployment, access to justice, attorney, disability, elderly, employment, homeless, housing, labor, legal aid, veterans , American Bar Association, disaster, emergency, FEMA, food stamps, housing, HUD, hurricane, insurance, legal forms, National Immigration Law Center, NILC, Red Cross, SCEMD, South Carolina Emergency Management Division, Unemployment

Friday Wrap 5.29.09

All the week’s “atj” newsworthy items wrapped up

 Friday Wrap

Texas – Texas Access to Justice Commission and Foundation Recognize Major Contributors to Texas Legal Aid

Chicago, Illinois - ABA Invites Obama to it Annual Meeting

Washington, D.C. – 2nd ABA National Conference on Employment of Lawyers with Disabilities (Hurry for the EARLY BIRD special because after June 1st the registration increases)

United States Supreme Court – President Obama nominates Judge Sonia Sotomayor for the U.S. Supreme Court (For more news links, click here. For blog coverage, click here.)

Brooklyn, New York - A Call for Pro Bono at Boro Hall

Lexington, Kentucky – Interview with a True Change Agent

Nashville, Tennessee – New Legal Advice Clinic to Help with Debt Issues

Richmond, Virginia - LINC Recognizes Outstanding Volunteers

Public Justice Center – Donor Inspires Us with $10,000 Gift 

Ventura County, California – New County Program Helping Low-Income Families Adopt

 Winston-Salem, North Carolina – Practical Paralegalism: Paying it Forward

Oklahoma City, Oklahoma – Credit Card Reforms Could Help Statements

Fairfield, Connecticut – Hard Times Force People Into Family Court “Solo”

Honolulu, Hawaii – Starn O’Toole Marcus & Fisher Supports Access to Justice Commission

Australia – Pro Bono Work Good for Law Students

New York, New York – Pro Bono Recruitment Drive

San Diego, California – Law Made Public: Legal Research Class for the Self-Represented Litigant

-RFW

Filed under: 1, Court, Health Care, IOLTA, Identity Theft, Immigration, LEP, Law, Legal, Legal Clinic, Legal Documents, Legal Drafting, Legalese, Limited English Proficiency, Plain English, Plain Language, President, Readability, Right to Counsel, South Carolina, South Carolina Access to Justice Commission, Unemployment, access to justice, access to justice blog, advocacy, attorney, blog, disability, divorce, domestic violence, elderly, employment, homeless, hunger, indigent, law librarians, law students, legal aid, military, people with disabilities, poverty, poverty guidelines, pro bono, public interest attorney, self-represented litigant, subprime mortgage crisis, veterans , $10000 Gift, 2nd ABA National Conference on Employment of Lawyers with Disabilities, ABA, access to justice commission, Adopt, Adoption, American Bar Association, Australia, Barack Obama, Boro Hall, Brooklyn, California, Chicago, Connecticut, Credit Card Reforms, D.C., Debt Issues, Donor, Fairfield, Family Court, Hawaii, Honolulu, Illinois, Judge Sonia Sotomayor, Kentucky, law students, Legal Advice Clinic, Lexington, limited scope representation, Low-Income Families, Nashville, New York, New York City, North Carolina, Obama, Oklahoma, Oklahoma City, President Obama, pro bono, Pro Bono Recruitment, Pro Bono Work, Public Justice Center, San Diego, self-represented litigant, Starn O'Toole Marcus & Fisher, Tennessee, Texas, Texas Access to Justice Commission and Foundation, Texas Legal Aid, U.S. Supreme Court, United States Supreme Court, Ventura County, Washington D.C., Winston-Salem

South Carolina, Subject of Washington Post Article

Columbia, South Carolina (my hometown) is featured today in More Need, Less Help by Amy Goldstein at the Washington Post.

The subject is that as South Carolina’s ranking rises in unemployment and the financial crisis spirals out of control, the need for assistance rises.

• South Carolinians are out-of-work.

• South Carolinians are hungry. 

• South Carolinians cannot pay rent or mortgages. 

• South Carolinians are going without medication.

• South Carolinians are worried about their children and their futures.

Food pantries like Harvest Hope are working as hard as they can to fill orders. But their supplies are running short.

Other charities, like the United Way of South Carolina, United Way of the Midlands, the Central Carolina Community Foundation, the Family Service Center, and the Salvation Army, are working round the clock to assist, but their donations are dwindling as well.

Excerpts:

Timothy Ervolina, president of the United Way Association of South Carolina, worries that the web of philanthropic and nonprofit groups may not be able to fulfill the governor’s [Sanford] expectations. Ervolina has watched fundraising fade at United Ways across the state, even as calls pour in to their crisis hotlines.

. . .

South Carolina Legal Services, a statewide network that gives free legal help, in July received the biggest grant handed out by the South Carolina Bar Foundation but in January was asked to return 15 percent of it.

The time to act is now. If you can afford to make a donation, please do so.

Your donation may offer someone else hope. Hope to carry on. Hope for their children. Hope to live.

Thanks Washington Post for sharing the story of Columbia, SC!

-RFW

Filed under: 1, LIHEAP, Law, Low Income Home Energy Assistance Program, SC Appleseed Legal Justice Center, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar Foundation, South Carolina Legal Services, Unemployment, access to justice, access to justice blog, advocacy, attorney, blog, children, elderly, employment, foreclosure, homeless, hunger, indigent, legal aid, poverty, poverty guidelines, pro bono, state employment security commission, subprime mortgage crisis , Amy Goldstein, Brian Clarke, Central Carolina Community Foundation, Cheryl Davis, Columbia, Columbia SC, Debbie Cresswell, Department of Social Services, Employment Security Commission, Family Service Center, Food Pantries, General Assembly, Gilda Cobb Hunter, Governor Mark Sanford, Harvest Hope, International Festival of Food and Wines, Life Force Food Pantry, Medicaid, Rep. James E. Clyburn, Rising Unemployment, Salvation Army, SCLS, Sheila Turman, South Carolina, South Carolina Bar Foundation, South Carolina Legal Services, South Carolinians, The Washington Post, Timothy Ervolina, United Way, United Way of South Carolina, United Way of the Midlands