Thanks SCLS!

Earlier this month I was invited to attend the South Carolina Legal Services (SCLS) Annual Conference in Myrtle Beach.  And it’s hard for me to express the feelings I had. Everyone was welcoming to me and I had a great time. Even better, I came away with a better understanding of what SCLS does and the dedication their staff has to their job. In fact, I dare say that many SCLS attorneys and support staff believe that their work is a calling. I was glad to be a part of SCLS for 3 days!

And I’m thankful for the work they do including:

1. To keep people in their homes;
2. To make sure people are able to access benefits;
3. To help people out of unsafe living conditions; and
4. To let people know that they are not alone in the civil legal system.

Below are some photos from the Conference: (I wish I had more to share, but most shots were under- or over-exposed)

Opening Dinner 11/10/09

George Cauthen, SCATJ Commissioner and SCLS Board Member

Getting to Know Staff Begins

Singing

Singing with guitar accompaniment

Poetry

Flute Solo

The Fashion Show Begins

Models

More Fashion

Like New York Fashion Week

Fierce

Making it work (a la Tim Gunn)

Let the Votes Begin

More Fashion Votes

Door Prize

Agenda

Consumer Law

More Consumer Law Issues

Attentive Students

Continuing Legal Education

The Knowledgeable Panel

Truth in Lending Act

Willard N. Timm, Jr., Assistant Director, Tax Clinic, Georgia State University

Jada Charley introduces Steve Cook to speak re: Assistive Technology

Again, many thanks SCLS!

-RFW

Filed under: 1, Law, Legal, Legal Clinic, South Carolina, South Carolina Access to Justice Commission, South Carolina Legal Services, access to justice, access to justice blog, advocacy, attorney, blog, disability, domestic violence, foreclosure, homeless, housing, hunger, indigent, legal aid, poverty, poverty guidelines, public interest attorney , SCLS, George Cauthen, Myrtle Beach, Assistive Technology, SCLS Annual Conference 2009, Kingston Plantation, Jada Charley, Steve Cook, Truth in Lending Act, Willard N. Timm, Tax Clinic, Georgia State University, Consumer Law Issues, Tim Gunn, New York Fashion Week, Flute Solo, Poetry, Singing with accompaniment, Singing, SCATJ Commissioner, SCLS Board member

The GOOD Lawyer

Imagine this scenario:

Child is removed by SC DSS from a single parent home due to allegations of child abuse or neglect.  Single parent, a mother, is working, but making very little and falling well within the federal poverty guidelines.

Child is assigned an attorney Guardian ad Litem (GAL) to represent the child in court. The GAL, whether attorney, SC Volunteer GAL Program or Richland County CASA volunteer, looks out for the child’s best interest.

Mother cannot afford an attorney.

At the first SC DSS hearing, Mother asks the court to provide her with an attorney. The attorney GAL walks with Mother to the Clerk of Court’s office to help her fill out paperwork to apply for a court-appointed attorney. The clerk asks Mother for the $40 fee to accompany the application. Mother does not have $40 to pay the fee. Mother does not have $20 to pay the fee. The attorney GAL asks if the clerk can make an exception and waive the fee. The clerk refuses to waive the fee. Mother has no attorney.

The attorney GAL is concerned. She is aware that Mother cannot afford an attorney, and that this is a serious legal issue; one in which there is potential for Mother to lose custody of her child. And Mother is unrepresented.

Do you think this is FAIR? Do you think this is JUSTICE?

What if I tell you that this scenario is real? Does that change your mind?

Well, it is based on a similar real-life situation.

Fact Recap: Child taken from single parent – Mother – based on allegation of abuse and neglect. Mother works, but does not make a lot of money. Mother shows in court unrepresented. Mother tries to get attorney appointed WITH assistance from attorney representing her child. The Mother is still not able to get an attorney to represent her because she CANNOT pay $40 filing fee and is unable to get a waiver.

What happens next?

Attorney representing Mother followed up. She contacted several people, none of whom were judges, to see if anything could be done to waive the fee. She was given a contact name and followed up. Mother will be receiving a court appointed attorney.

Does this mean Mother will prevail?

Not sure. It will depend on the facts of the case and adherence to any treatment plans or court orders.

Does it mean that the GAL thinks the child should have stayed in the home?

I don’t know. Honestly I didn’t ask the question. Either way though, the Mother is in the midst of a crisis. Her child has been removed from her home. It’s likely that she is (choose one:) distraught/embarrassed/angry/other emotion . As I’ve noted on numerous occasions, when emotions are high, it sometimes takes away our ability to reason or rationally make an argument or listen to court proceedings. An attorney provides a buffer for the emotional client, and makes the proceedings more well-reasoned.

So? Why are you bringing up this issue?

Because I so often hear that attorneys are just *blankety-blank bottom-feeders* AND I know better. And this is a perfect example of that. This attorney went beyond her ethical duty to ensure that the Mother in a case receives legal assistance.

Unfortunately I won’t give more details or name the attorney because this is an on-going case and I don’t want to identify anyone or give away confidences. Suffice it to say that this attorney will hold a dear place in my heart.

Thank you anonymous attorney!

-RFW

Filed under: 1, Court, Law, Legal, Right to Counsel, South Carolina, South Carolina Access to Justice Commission, South Carolina Courts, access to justice, access to justice blog, advocacy, attorney, blog, children, court innovation, indigent, poverty, poverty guidelines, pro bono, public interest attorney, self-represented litigant , abuse and neglect, attorney appointments, Attorneys, CASA, child protection, Civil Gideon, court-appointed attorney, GAL, Guardian ad Litem, Richland County CASA, Rule 608 attorneys, SC DSS, SC GAL, The Good Lawyer

Opt Out – What do you think?

There’s an article in the Free Times that features Commissioner Sue Berkowitz. It focuses on the Opt Out idea that is currently circulating in D.C. regarding the Health Care Reform Package.

Some statistics from the article:

Currently, South Carolina ranks 48th in the country in overall health, according to data from the United Health Foundation. The state ranks near the top in such categories as stroke deaths, infant mortality and percentage of uninsured children and near the bottom of such lists as access to prenatal care and percentage of healthy children.

Also, approximately one in six South Carolinians are uninsured, according to Census data, and 80 percent of the uninsured are from working families, according to Families USA.

Tell us what you think:

-RFW

Filed under: Health Care, Law, Legal, Legal Drafting, President, SC Appleseed Legal Justice Center, South Carolina, access to justice, access to justice blog, advocacy, attorney, blog, hunger, indigent, legal aid, people with disabilities, poverty, poverty guidelines, public interest attorney , Census, Families USA, Free Times, Health Care, health care reform package, insurance, opt out, SC access to justice commission, South Carolina, South Carolina health, Sue Berkowitz, uninsured, United Health Foundation

Pro Bono in Action! RichBar and HELP

Thanks to the Richland County Bar Association’s Public Service Committee!

Filed under: 1, Law, Legal, Legal Clinic, Right to Counsel, South Carolina, South Carolina Access to Justice Commission, access to justice, access to justice blog, advocacy, attorney, blog, homeless, housing, hunger, indigent, legal aid, poverty, poverty guidelines, pro bono, public interest attorney , HELP, homeless, Homeless Experience Legal Project, Judge Zainey, pro bono, Richland County Bar Association

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

Job Opportunity: MAINE

WANTED: Executive Director for the MAINE Indigent Legal Services Commission

Recently Maine established the Maine Commission on Indigent Legal Services.

This independent commission was created for the purpose of providing efficient, high-quality, constitutionally and legally required representation to indigent criminal defendants, juvenile defendants, individuals facing involuntary commitment and children and parents in child protective cases.  The Commission seeks its first Executive Director, who will work with the Commission to establish, oversee and administer an indigent legal services delivery system, which is at the present time administered by Maine’s Judicial Branch.  As of July 1, 2010, the Commission will assume responsibility for an approximately $11,000,000 budget appropriated for the delivery of constitutionally-required indigent legal services.

Comm.+Indigent+Legal+Services.+Exec+Dir+Job+Description

Congratulations Maine!

-RFW

Filed under: Civil Gideon, Court, IOLTA, Law, Legal, Legal Clinic, Legal Documents, Legal Drafting, Right to Counsel, access to justice, access to justice blog, advocacy, attorney, blog, children, constitution, court innovation, indigent, legal aid, poverty, poverty guidelines , child protective cases, children, criminal defendants, Executive Director Maine Commission on Indigent Legal Services, involuntary commitments, Job Opportunity Maine, juvenile defendants, Maine, Maine Judicial Branch, parents, representation

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

Congratulations Vickie Eslinger!

In case you haven’t already heard, SC Appleseed Legal Justice Center has named Columbia attorney Victoria L. Eslinger as their 2009 Advocate of the Year!

Advocate of the Year award is awarded each year to an advocate within the South Carolina legal community who provides a strong voice for low-income children and families.

Congratulations Ms. Eslinger!

For details on the Award Event, visit http://www.scjustice.org/advocateoftheyear.html.

-RFW

Filed under: Law, Legal, SC Appleseed Legal Justice Center, SC Bar, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar, access to justice, access to justice blog, advocacy, attorney, blog, children, indigent, legal aid, poverty, poverty guidelines, public interest attorney , 2009 Advocate of the Year, Columbia attorney South Carolina legal community, Nexsen Pruet, SC Appleseed Legal Justice Center, Vickie Eslinger, Victoria Eslinger

POVERTY: SC

Is this our future?

Poverty + SC = 4Ever

Is this what we want for our future?

Recently I’ve been referred to a few poverty resources that I want to share.

1. A powerful video (by United States Conference of Catholic Bishops) sent to me by Shannon Scruggs of the SC Bar Foundation.
2. Poverty in America has published its LIVING WAGE CALCULATOR, an interactive online tool.

When I pulled up South Carolina, 10 of the 22 occupational areas had typical hourly wages within the poverty range.

Almost half. Almost half of the people going to work every day in South Carolina are working for wages that keep them in poverty.

That’s scary! Especially when most of us consider that employment helps to break the poverty cycle. It’s daunting when you think that the South Carolina Access to Justice Commission was set up expressly to ensure that people living in poverty receive equal access within the civil court system. Essentially one of the unspoken beliefs is that full access to the same legal rights helps lift people out of poverty.

It’s certainly time for us to wage a war on poverty.

• People living in poverty face barriers within the public education system.
• People living in poverty face barriers within the public health care system.
• People living in poverty face barriers within the civil and criminal justice systems.

If people going to work everyday remain in poverty, then how can we expect to break the cycle of injustice? Educational injustice. Health care injustice. Civil and criminal injustice.

And yes, I’m familiar with the saying that the only way to eat an elephant is one bite at a time, but if Madame Secretary Hillary Rodham Clinton will forgive my paraphrase/alteration/juxtaposition of  it takes a village to raise a child – it is much easier to eat the elephant if the whole village takes one bite.

In order for us to break the poverty cycle, it will take effort from each of us.

Please join.

-RFW

Filed under: 1, Court, Law, Legal, South Carolina, South Carolina Access to Justice Commission, access to justice, access to justice blog, attorney, blog, children, employment, indigent, labor, poverty, poverty guidelines, public interest attorney , Hillary Rodham Clinton, it takes a village to raise a child, Living Wage Calculator, Madame Secretary, poverty, Poverty in America, public civil and criminal justice system, public education, public health care, SC, SC Bar Foundation, Shannon Scruggs, South Carolina, the only way to eat an elephant is one bite at a time, typical hourly wages, United States Conference of Catholic Bishops

Resource Friday/Viernes de recursos

Resource Friday/Viernes de Recursos

If you are a South Carolina parent under investigation by the SC Department of Social Services (SC DSS) for child abuse or neglect, it is likely that you have already received a copy of this informative booklet.

However, if you haven’t OR if you are a family member, other interested person OR law student interested in the process, then you may be interested to know that this information is available online in English AND in Spanish.

The information is written in Plain English (you know we’re a fan of that) and provides definitions, defines the investigative process including Initial Report and Investigation, Emergency Protective Custody,  The Probable Cause or 72-Hour Hearing,  Merits or Removal Hearing, Intervention Hearing, Permanency Planning Hearing, Termination of Parental Rights and offers tips for parents under investigation.

Para información en español:

• REPORTE E INVESTIGACIÓN INICIAL, 
• CUSTODIA PROTECTIVA DE EMERGENCIA, 
• LA AUDIENCIA DE CAUSA PROBABLE O LA AUDIENCIA DE 72 HORAS,
• AUDIENCIAS DE MÉRITOS O DE REMOCIÓN, 
• AUDIENCIA DE INTERVENCIÓN, 
• AUDIENCIA PARA LA PLANEACIÓN DE PERMANENCIA, y
• TERMINACIÓN DE LOS DERECHOS DE PATRIA POTESTAD.

And the information is current at least as of this writing.

Thanks to both SC Appleseed Legal Justice Center and the Children’s Law Center for pulling together this valuable information!

-RFW

Filed under: 1, Court, LEP, Law, Legal, Legal Documents, Legal Drafting, Legalese, Limited English Proficiency, Plain English, Plain Language, Readability, SC Appleseed Legal Justice Center, South Carolina, South Carolina Access to Justice Commission, South Carolina Court Administration, South Carolina Courts, USC School of Law, access to justice, access to justice blog, attorney, blog, children, court innovation, law students, legal aid, poverty, poverty guidelines, public interest attorney, self-represented litigant , South Carolina, English, Spanish, SC DSS, Resource Friday, Viernes de Recursos, SC Department of Social Services, child abuse, child neglect, Initial Report and Investigation, Emergency Protective Custody, The Probable Cause or 72-Hour Hearing, Merits or Removal Hearing, Intervention Hearing, Permanency Planning Hearing, Termination of Parental Rights, Carolina Del Sur, Report E Investigacion Inicial, Custodia Protectiva de Emergencia, La Audiencia de Causa Probable O La Audiencia de 72 Horas, Audiencias de Meritos O de Remocion, Audiencia de Intervencion, Audiencia Para La Planeacion de Permanencia, Terminacion de Los Derechos de Patria Potestad, Children's Law Center, http://childlaw.sc.edu/