(From the March 2008 Newsletter)
You might recall that last year was the first time that funding was provided for civil legal services in the Executive Budget. Through the joint efforts of the Judiciary, Executive and the Legislature, a total of $15.85 million statewide for the provision of civil legal services was provided to programs statewide. The state grants that local programs – the Legal Aid Society of Northeastern New York and The Legal Project have received has provided a stable base of funding to support urgently needed services to low income people and victims of domestic violence.
Last year, we finally felt that our local programs would have the stability that is needed to operate most effectively. Even with state funding, based on its most recent study, the Legal Aid Society still had to turn away almost as many people as they could help. And given the fact that as a state, we are still failing to meet at least 80% of the civil legal needs of those who cannot afford an attorney, these funds were a step in the right direction in terms of state support for our work.
Unfortunately, given the budget deficit facing the state, the Executive has proposed to reduce the state funding from just over $15.5 million to $1 million. The Governor believes that the hoped for rise in IOLA funds will make up for this drastic cut in the state budget. Although we applaud the Governor, IOLA and the participating banks for working to make the interest rates more comparable for the IOLA accounts, there are a number of serious concerns with this plan. These include, of course, the state of the economy, and the recent cuts in the interest rates, which is already driving down IOLA funds in other states. As The Legal Project does not receive IOLA funding, they would be left with no base funding at all under this plan. And given the current grant cycle, and the timing of the state budget, there will be a gap in needed funding for all local providers. Neither The Legal Project nor the Legal Aid Society will have the opportunity to apply for additional IOLA funds to cover this gap until next year.
To ensure continuity of services and to maintain the state’s commitment to access to justice, it is essential that the Governor and the Legislature restore the state funding that provides core support for civil legal services programs. Given the historic underfunding of civil legal services in this state, we believe there is ample reason to ask that the full $15.85 million be restored to the budget. Certainly, it is more than reasonable to ask the Legislature to minimally restore its traditional funding for civil legal services, including: