SC Access To Justice Weblog

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

MPI Offers E Pluribus Unum Prizes for Immigrant Integration

From their website:

The E Pluribus Unum Prizes are a national awards program that provides four $50,000 prizes annually to exceptional initiatives that promote immigrant integration.

The awards are intended to recognize exceptional immigrant integration initiatives that help immigrants and their children adapt, thrive, and contribute to the United States or that bring immigrants and the native born together to build stronger, more cohesive communities.

This is exciting news for funding for some of our legal partners who work with immigrants, especially in this economy. Thank you MPI for offering us not only good empirical data on immigrants, but for offering this opportunity.

-RFW

Filed under: 1, Immigration, LEP, Law, Legal, Legal Clinic, Legal Documents, Legal Drafting, Legalese, Limited English Proficiency, Plain English, Plain Language, Readability, Right to Counsel, SC Appleseed Legal Justice Center, South Carolina, South Carolina Access to Justice Commission, access to justice, access to justice blog, advocacy, attorney, blog, children, indigent, legal aid, poverty, public interest attorney , , , , ,

8.24.09 Ask-A-Lawyer: Nosy’s Report

8/24/09 Ask-A-Lawyer Call Center at WLTX

8/24/09 Ask-A-Lawyer Call Center at WLTX

On Monday Night, WLTX became ground zero for ASK-A-LAWYER. We arrived in time to start and learned that the calls had started as early as 4:30 p.m. Once we were shown our call-center, we started answering phones “Ask-A-Lawyer, how may I help you?” while our web counter-parts began their online-duty.

Jeff Goodwyn answers questions at WLTX Ask-A-Lawyer

Jeff Goodwyn answers questions at WLTX Ask-A-Lawyer

The 6 on-camera attorneys were Cynthia A. Coker, T. Jeff Goodwyn, Edna Primus, Jennifer W. Rubin, Tana Vanderbilt and Robin F. Wheeler.

Cindy Coker, SC Bar Public Services Director

Cindy Coker, SC Bar Public Services Director

The phones were ringing non-stop. WLTX graciously provided us with water and chocolate; both of which were appreciated. Darci Strickland and Andrea Mock interviewed us during the session and helped us maintain our energy with their enthusiasm. And at the end of the evening, JR Berry dropped by to thank us for our hard work.

Edna Primus and Tana Vanderbilt field questions

Edna Primus and Tana Vanderbilt field questions

Caller Origin:

  • 18 of my 30 calls originated from Richland County;
  • 1 from Fairfield;
  • 1 from Florence;
  • 1 from Greenwood;
  • 2 from Kershaw;
  • 3 from Lexington;
  • 3 from Orangeburg; and
  • 1 from Sumter.

Mind you, I had 30 calls total in a 2 1/2 hour span and I even took a moment off the phones for an interview.

Caller Issues:

  • 6 questions about Divorce/Alimony
  • 5 Child Support/Child Custody and Visitation/Adoption
  • 4 Consumer Law including Bankruptcy
  • 3 Wills and Estates
  • 2 Employment
  • 2 Medical Malpractice/Health Care
  • 1 Social Security
  • 1 Landlord/Tenant
  • 1 Homeowners Associations
  • 1 Immigration
  • 1 Traffic Laws
  • 1 question about Taxes; and
  • 2 non-legal questions.

Ask-A-Lawyer also included the “web-chat” piece. Three attorneys (Peter M. Balthazor, K. Cameron Currie, and Jennifer L. Locklier) fielded web questions during the same time.

All in all, it was a busy time, but I enjoyed every caller and hope that they felt that they had received a worthy service from us. I will DEFINITELY do this again.

Thanks to SC Bar staff Deborah Morris who coordinates the event, Joey Heape who insures that the web equipment functioned properly, and Elizabeth Martin who popped in for a few photos.

And special thanks to our host station, WLTX. You helped us make this a success!

-NOSY WHEELER

LATE PS – I wish I had asked the name of the camera operator at our station because he was an absolute delight. When he saw us running out of water, he brought the new bottle to us. Thank you Camera Operator!

Filed under: 1, Ask-A-Lawyer, Court, HHS, Health Care, Immigration, Law, Legal, Right to Counsel, Rule of Law, SC Bar, SSDI, SSI, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar, South Carolina Bar Foundation, South Carolina Bar Pro Bono Program, Unemployment, access to justice, access to justice blog, advocacy, attorney, blog, children, divorce, domestic violence, employment, foreclosure, housing, indigent, labor, pro bono, public interest attorney, self-represented litigant, state employment security commission, subprime mortgage crisis, veterans , ,

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.

suggestion box

-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 , , , , , , ,

Dallas News: Immigrants with Mental Illness

Appropriate treatment is difficult for most who live with serious mental illness. Often treatment is relegated to the detention system instead of appropriate community or in-patient facilities.

Just take a look at recent posts out of Iowa,  Las Vegas, Ft. Lauderdale, and Lakeland.

But if you’re an immigrant in the U.S., it’s almost impossible to find appropriate treatment, at least according to an article by the Dallas News.

Excerpts:

They get limited mental-health care while in detention, advocates say – and that’s only if they’re diagnosed. They aren’t entitled to competency hearings before standing trial. And the majority of them face judges without legal counsel, and with little recourse to defend themselves from deportation.

. . .

“We are continuing to work … to improve the services and the availability of health care to those in our custody,” said Tim Counts, spokesman for U.S. Immigration and Customs Enforcement.

But immigration court officials acknowledge there’s little guidance for how to handle mental health once these detainees come before a judge. Although judges can’t accept an admission of guilt from an “unrepresented incompetent,” there are no immigration-court proceedings to determine a person’s competency. Judges have to go with their gut – which can be tough to gauge with language barriers and the frequent use of long-distance video conferencing.

What is the solution? Is there a solution. I’d love to hear from you.

-RFW

Filed under: Court, Health Care, Immigration, LEP, Law, Legal, Limited English Proficiency, Right to Counsel, access to justice, access to justice blog, advocacy, attorney, disability, people with disabilities, self-represented litigant , , , , , , , , , , ,

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 , , , , , , , , , , , ,

Don’t Get Hurled Away by a Hurricane!

Hurricane 09

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 , , , , , , , , , , , , , , , ,

Friday Wrap 5.29.09

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

Friday Wrap 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 , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Just Say No to Notario Fraud

notariofraud

Notario Fraud – It’s Real and it’s a Problem

NOTARIO, NOTARIO PUBLICO, VISA CONSULTANT, IMMIGRANT CONSULTANT

In Mexico, a “notario publico” is a legal professional, generally an attorney. 

In the U.S., a notary public is not an attorney, instead a notary public is someone appointed by the state government to witness a person’s signature and in some cases, to administer oaths.

And when unscrupulous individuals “set up shop” as notarios and mislead unsuspecting immigrants to think that they are authorized to provide legal services, it causes many problems.

The ABA Commission on Immigration has created a website, www.fightnotariofraud.org, to assist with the problem. And they have developed a factsheet to assist with identification of the issues and resources to contact.

For more info: (Source www.governmentlawyer.org)

-RFW

 

Filed under: 1, Department of Justice, Immigration, LEP, Law, Legal, Legal Clinic, Legal Documents, Legal Drafting, Limited English Proficiency, Plain English, access to justice, access to justice blog, advocacy, attorney, public interest attorney , , , , , , , , , , , ,

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