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New York State seal, capitol building in Albany. REUTERS Shannon Stapleton

Officials at hearing urge more funding for legal services for poor

10/1/2012 COMMENTS (0)

By Joseph Ax

NEW YORK, Oct 1 (Reuters) - Despite increased funding from the legislature, the need for civil legal services for disadvantaged New Yorkers remains stark, officials and experts told Chief Judge Jonathan Lippman at a public hearing Monday.

The hearing, the second of four scheduled around the state, included testimony from Cardinal Timothy Dolan of New York, New York City Council Speaker Christine Quinn and Fern Fisher, the deputy administrative judge for New York City courts and the director of the court system's access to justice programs.

"As a pastor, the refrain I so often hear from our poor folks is, 'I don't know where to turn,'" said Dolan during the three-hour hearing.

Lippman has frequently referred in speeches to the "justice gap," the distance between the need for legal services among impoverished New Yorkers and the available resources, particularly since the financial crisis has hit the courts in recent years.

The hearings are intended to elicit testimony that can demonstrate to the legislature and Governor Andrew Cuomo that more money is needed to narrow that gap. Lawmakers agreed to double funding for legal services grants this year to $25 million, but Lippman and others say more help is necessary.

"We might as well close the doors of the courthouses if equal justice for all is not what we find inside," Lippman said during his introductory remarks.

Quinn, who is widely expected to run for New York City mayor next year, made three policy suggestions during her testimony.

She recommended that the court system impose a fee for pro hac vice attorneys and use the revenues to fund legal services for low-income clients. According to Quinn, more than 40 states already collect such a fee.

In addition, she proposed using community-mapping software -- the same type used to keep track of crime patterns -- to analyze the precise legal needs of various city neighborhoods. She also said a detailed cost-benefit analysis would help show city legislators that money spent on legal service programs more than pays for itself in the long run by forestalling expensive litigation.

But money alone will not solve the problem, according to testimony submitted by Gillian Hadfield, a professor of law and economics at the University of Southern California.

With approximately one million low-income households facing legal problems, according to a court system survey, it's simply impossible for the state's 150,000 licensed attorneys to provide enough pro bono hours to help all of those people, the testimony said.

Hadfield suggested the state "allow people and organizations other than lawyers and law firms to provide some forms of legal assistance," much like the medical profession, where a host of non-doctor personnel handle many healthcare problems.

Lippman will host two more panels this week, in Syracuse and Nassau County.

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