Manhattan federal judge rejects restrictions on free legal aid to the poor
Wednesday, December 22, 2004 at 08:27PM
TheSpook
A judge in Manhattan on Monday rejected provisions of a federal law
that opponents say deprived poor people access to legal advice in
housing, family, consumer and other types of civil cases. The
ruling, by U.S. District Court Judge Frederic Block, upheld arguments
by three New York-based programs that offer free legal services for
low-income individuals and families. All three plaintiffs were
represented by the Brennan Center for Justice at New York University
School of Law. The groups argued against a law enacted by
Congress in 1996 that barred private nonprofit organizations that
received federal funding through the Legal Services Corp. from
defending poor people in certain cases. The restrictions
prohibited the programs from representing clients in class actions,
educating potential clients about their rights and then offering to
represent them, representing clients before legislatures, representing
many classes of illegal immigrants and all people in prison and
collecting attorneys' fee awards in winning cases. An additional
restriction prohibited programs from engaging in work even if they paid
for those cases with money from nonfederal sources. The court ruled the
private money restriction violated the plaintiffs' First Amendment
rights. The ruling means the groups may now engage in the
activities barred by Congress, as long as they provide separate
programs, maintain separate public areas for LSC-funded activities and
maintain separate accounting and timekeeping records. The court
ruling applies only to the three New York groups but could open the
possibility for hundreds of others around the country to follow, a
Brennan Center statement said Monday. [more]
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