Financial tug of war: Long-term legal service goals at odds with needs

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As state money for indigent legal services dries up, there is another source that providers argue could be tapped for immediate relief: the thousands of dollars allocated for the State Bar of Wisconsin-sponsored Access to Justice Commission.

The commission is tasked with finding long-term solutions for indigent legal services, but legal service providers argue there are more pressing immediate needs that money could address; especially because the new biennium budget eliminates all state money for legal service providers.

Since forming in March 2010, the 17-member commission has met on a quarterly basis and bar leaders approved an initial grant of $27,596 for its use last summer. On June 8, the Board of Governors approved an additional $85,000 for operating expenses for Fiscal Year 2011-12.

“No poor person has been served with any of the money,” said Tom Cannon, director of Legal Aid Society of Milwaukee Inc. “I think it would be a tragedy if all that money was spent and not a single client wound up with representation as a result.”

So far, the more than $112,000 granted to the commission by the Bar has largely gone to travel and meeting expenses, frustrating legal service providers such as Cannon that are facing layoffs due to budget cuts.

“It’s a tough pill to swallow,” Cannon said. “Particularly for clients facing eviction or foreclosure and they can’t get access to legal counsel or representation in those proceedings.”

Commission chair Gregg Moore defended the goals of the non-profit entity and emphasized that the purpose of the grant money is to develop long-term solutions, not quick fixes.

He acknowledged the dire financial circumstances legal service providers face right now in the state, and said because of that, there is a sense of urgency for the commission to make progress.

“We are not procrastinating,” Moore said. “It’s not as if we are meeting, then going away for three months and have nothing to show for it.”

When the state Supreme Court approved creation of the Access to Justice Commission, the State Bar of Wisconsin set aside $300,000 to finance its operation for the first three years.

But three years is a long time to wait for a potential solution to an increasing problem, Cannon said.

Legal Aid recently laid off two attorneys and two staff members in advance of the biennial state budget eliminating about $5 million for indigent legal services. The cuts mean a loss of almost $500,000 for Legal Aid during the next two years.

While legal service providers receive other grants and annual distributions through the Wisconsin Trust Account Foundation, those sources of money have dwindled in recent years.

Cannon argued that the Access to Justice money could cushion the blow, at least in the short-term.

When the commission formed in 2009, Cannon and other legal service organizations unsuccessfully lobbied the bar to have the $300,000 divided evenly between four providers to hire staff attorneys.

“More than 500 indigent Wisconsinites would have had access to legal representation had that money been approved,” Cannon said.

Moore said one of the goals for the upcoming year is to aggressively pursue financial partners to sustain the commission and also invest in legal services for the poor.

Discussions with the Supreme Court, state Legislature and private foundations are planned, as well as other financing alternatives, such as a proposal to use residual money from class action suits to pay for civil legal services.

“It’s not the kind of thing we’re planning on right now, but in major civil cases those amounts can be in the six figures,” Moore said.

Given the state just zeroed out its financial support for indigent legal services, Legal Action of Wisconsin executive director John Ebbott is skeptical that the commission will be able to come up with a viable solution.

Legal Action will lose about $1.3 million in each of the next two years due to the loss of state money and plans to lay off about 10 people by the end of June. Ebbott said he supports redirecting the Access to Justice money directly to legal service providers.

“It’s not like there are huge pools of untapped resources out there,” Ebbott said. “The commission has a difficult task in increasing the money that’s available now.”

Moore acknowledged that challenge, but said there is no “silver bullet” solution.

The Supreme Court is set to review the progress of the commission after three years.

“How the commission gets funded after three years is one of those issues we’re looking at as far as sustainability,” Moore said.

But by that time, things could be even worse for legal service providers in the state, Cannon said.

“If they are really interested in access to justice, don’t you want to provide legal services to the poor rather than spend money on a bureaucratic commission?” he said. “I don’t see a justification for it at all.”

Jack Zemlicka can be reached at [email protected].

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