by Amber L. Barber, Esq. PRESIDENT’S COLUMN
We all know too well the financial times that the citizens of Vermont have been fac- ing with the economic crisis that continues in the United States. Unfortunately, at this critical time when legal assistance is need- ed most by low-income Vermonters, Ver- mont’s legal aid organizations are faced with tremendous legal funding losses. Ver- mont Legal Aid, Inc. (VLA), Legal Services Law Line of Vermont (Law Line), the Ver- mont Bar Foundation (VBF), and the other providers of free and “low bono” legal aid for Vermonters are struggling to find solu- tions to the funding crisis. For many years, the VBF was able to make up for some fed- eral cuts when IOLTA accounts were abun- dant and rates were at all-time highs. Now, however, IOLTA funds have dropped pre- cipitously and cuts are everywhere. What have we seen historically? Where are we now? And what can we do about it? Just to give you a little history, Vermont Legal Aid, Inc. (VLA) is the oldest and larg- est legal services organization in Vermont. It was founded in 1969.1
In 1974 when Le-
gal Services Corporation (LSC) was creat- ed, Vermont Legal Aid became one of its original beneficiaries. However, in 1996, Le- gal Services Law Line of Vermont (Law Line) was created to continue to receive the LSC grants as restrictions imposed on the use of federal funds diverged from VLA’s more ex- pansive mission. Law Line allows Vermont to continue to receive all available federal funds to assist in providing legal services to low-income Vermonters, while VLA can continue to fulfill its historically more ex- panded role in servicing low-income Ver- monters.2
Law Line has received a Vermont Bar Foundation legal services grant of $50,000 annually for several years. Recently Beth Danon, president of the VBF, announced that all VBF grants would have to be re- duced by 25% given the continued low performance of the IOLTA account funds. Until this year, 88% of the funding for Law Line came from the Legal Services Corpo- ration in Washington. LSC funds legal ser- vices in every state. In 2011, Law Line’s LSC funding was cut by 6%. In 2012, Law Line’s LSC funding was cut by 15%. However, in 2012, most of the lost LSC funding was replaced by short-term emergency disas- ter grants from LSC and the Vermont Bar Foundation. However, these are only one- year grants. So, while Law Line has been able to deploy its staff to post-Irene disas- ter work during this one-year funding pe- riod, thereby avoiding a reduction in staff
www.vtbar.org
for a year, it has not been able to contin- ue to provide the same level of legal ser- vices to low-income Vermonters struggling with every day, non-Irene challenges due to funding cuts. With the forthcoming 25% reduction to these funds, more legal ser- vices will be impacted. Currently Law Line’s direct advocacy staff is composed of three full-time attorneys, one 60%-time attor- ney, and one full-time paralegal. Howev- er, absent finding a way to replace fund- ing through other private sources or the Vermont legislature, Law Line will be faced with cuts that will reduce access to justice for Vermont’s low-income families in need of legal assistance. Vermont Legal Aid has also suffered sig- nificant losses in funding. While it received level funding from some grants over the last three to four years, there have been cuts in others. VLA lost approximately $50,000 in reductions throughout a variety of other grants, and once the large cut in VBF fund- ing is implemented, it will lose about an- other $200,000. Additionally, VLA lost ap- proximately $131,000 in domestic violence funding this year. The
LSC.gov website ex- plains that “[o]ne of the leading causes of homelessness for women and children is domestic violence, and studies show that domestic violence is more severe in disad- vantaged neighborhoods and occurs more frequently in households facing economic stress” so these cuts will impact those in need throughout our communities. Cur- rently, VLA has thirty-two attorneys in total, with 11.2 deployed in the Poverty Law Proj- ect. Unfortunately, these types of cuts will mean reductions in the amount of legal as- sistance available for low-income Vermont- ers who rely on this advice and guidance. South Royalton Legal Clinic also receives significant grant funding ($65,000) from the VBF. The VBF’s competitive grants will also face the same 25% reduction, and because the vast majority of all such grants go to di-
rect legal aid to the underprivileged, the impact will be significant. The Vermont Network Against Domes- tic and Sexual Violence, a federally recog- nized domestic and sexual violence coali- tion, provides free legal services to victims of sexual assault and domestic violence. It serves an average of 150 people per year throughout Vermont. In 2012, the Network lost $185,000 in funds used to provide free legal services. In all, it lost over $500,000 in grant funds that had historically been used to provide free legal and advocacy servic- es, impacting nine full-time advocates and partially impacting funding for the super- vising attorney and the legal projects co- ordinator. The Vermont Center for Crime Victims Services reports the following grant cuts in 2012: Bennington’s rural grant of $194,916 and Chittenden’s rural grant of $350,000 and arrest grant of $399,997. Not all of these grants were allocated to legal ser- vices and legal advocacy, but such servic- es are certainly sustaining a loss. Funding from the Violence Against Women Act ap- pears to have dropped from $5,283,867 in 2010 to $2,726,100 in 2012. As members of the bar and support- ers of the legal profession, we all have a warm place in our hearts for pro bono work, access to justice, and the rule of law. I am proud to say that the vast major- ity of our legal community gives in more
THE VERMONT BAR JOURNAL • WINTER 2013
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