Dispatch | March, 17 2023

A2J Dispatch – February/March Issue 2023

The February/March Issue

In this month’s issue of the A2J Dispatch, we highlight the efforts of A2JC and a number of other civil legal aid organizations that have been pushing for continuous funding for the ACE Program this legislative session, we shine a light on the hunger crisis bearing down on Marylanders as pandemic-era assistance expires, we celebrate Gideon’s Day and the campaign for a universal right to legal representation for anyone facing deportation, and we explore why some advocates say civil forfeiture, as well as court ordered fines introduce monetary incentives into the civil court system.

A2J Commission News

• AG Brown Joins A2JC! A2JC chair, Ward Coe, and ED, Reena Shah had a very positive and productive meeting with AG Brown. AG Brown was very interested in learning about a2j issues and jumped right in to offer assistance with A2JC legislative and other priorities. Most notably, AG Brown agreed to become a member of the Access to Justice Commission to ensure continuity in the relationship between A2JC and OAG and also the work related to the ACE TF.
• Maryland A2JC Spearheads Call for Action to Add and Pass SB516 with Amendment . Providing civil legal aid to Marylanders who are still dealing with the long tail of cannabis enforcement is a solid way to ensure remediation and stability. SB516 talks about social equity, but does not invest in civil legal aid. ACT NOW to contact legislators to add an amendment to SB516 to #fundcivillegalaid. “Investing part of the cannabis tax revenue for this purpose, will serve as an effective anti-poverty strategy and will help with social equity,” says A2JC Executive Director, Reena Shah. Shah joins in the growing call for legislators to consider funding for civil legal aid as a mechanism to right many of the harms that have impacted communities most affected by the disproportionate enforcement of cannabis prohibition, while diversifying funding streams that go into MLSC to help fund the civil legal aid community.
• A2JC Helps Lead Concerted Effort to Push for ACE Funding with Testimony and Social Media Campaign for SB756/ HB1050. A2JC continued pushing for its top legislative priority by rallying leaders from Maryland’s civil legal aid organizations during a day of testimony on ACE funding. In a concerted effort, with each organization providing separate testimony on the importance of theACE law, leaders from Maryland’s civil legal aid community urged lawmakers to provide continuous funding for the ACE program. SB756 has now successfully passed the Senate with amendments and we are urging passage of the House bill, HB1050, with the same amendments.
• A2JC Helps Lead Concerted Effort to Push for ACE Funding with Testimony and Social Media Campaign for SB756/ HB1050. A2JC continued pushing for its top legislative priority by rallying leaders from Maryland’s civil legal aid organizations during a day of testimony on ACE funding. In a concerted effort, with each organization providing separate testimony on the importance of theACE law, leaders from Maryland’s civil legal aid community urged lawmakers to provide continuous funding for the ACE program. SB756 has now successfully passed the Senate with amendments and we are urging passage of the House bill, HB1050, with the same amendments.

• A2JC Data & Legal Tech Committee Convenes DHCD and Housing Advocates. A2JC, together with the Community Development Network and other coalition partners, pushed hard to pass a law that required the monthly reporting of Judiciary data related to eviction cases and for DHCD to develop an Eviction Data Dashboard. The law went into effect on January 1, 2023, but the Housing Data Dashboard is not yet released. Before the law was passed, as part of A2JC’s civil justice data efforts, A2JC built the first-ever eviction-related Housing Dashboard for Maryland. A2JC also convened DHCD and housing advocates at its Data & Legal Technology Committee meeting in February so that DHCD could receive feedback on the dashboard design, which they will base on the A2JC dashboard.
• A2JC Supports HB0225/SB0904 to Establish Access to Counsel in Foreclosure Proceedings. When unrepresented homeowners show up to foreclosure court the odds are already stacked against them. Understanding the complicated foreclosure process, mounting legal defenses, and negotiating with sophisticated lender representatives are all things that require legal training and experience. But everyday, Marylanders are forced to navigate the complicated foreclosure process alone because they can’t afford legal help. HB0225/SB0904 are two bills that would even the playing field and give unrepresented homeowners a fighting chance. The bills call for the creation of an Access to Counsel in Foreclosure Proceedings Program as well as a Special Fund to ensure the program is fully funded.

Tips from Maryland Judiciary’s Access to Justice Department. We are pleased to offer recurring content from the Maryland Judiciary’s Access to Justice Department as part of the A2J Dispatch.

• Data on Access to Justice Initiatives from the Maryland Courts. Each month, through the Access to Justice Impact Dashboard, the Maryland Judiciary shares information about the impact of services offered through the Maryland courts. The site is updated monthly and includes information about web hits, video views, the use of the Maryland Court Help App, the Maryland Court Help Centers, court language services, Guide & File, and other court-based initiatives. The information can also be accessed by visiting www.mdcourts.gov/accesstojustice.

Local A2J News

• PBRC’s Partners for Justice Conference on May 25. The Partners for Justice Conference takes place annually, and presents a unique opportunity for legal services program staff, the public and private bar, members of the judiciary, human services agencies, elected officials, and others to discuss critical issues facing the poor and underrepresented across the mid-Atlantic region and how we can improve access to justice. The 2023 Partners for Justice Conference will take place on Thursday, May 25, 2023 from 8:15 AM to 3:30 PM at Baltimore Convention Center, 1 West Pratt Street, Baltimore, MD 21201. Register for the conference as speakers and panelists from over 30 different organizations, government agencies, and law firms across Maryland and the United States will share their thoughts and ideas while leading discussions on key access-to-justice issues. Register by April 30 to take advantage of the Early Bird Special!
• Food Insecurity and Hunger. Earlier this month the SNAP emergency allotments program expired. The program had helped 800,000 Marylanders avoid hunger for the last three years. Now advocates anticipate thousands will be forced to make tough decisions about their basic needs. “[W]hen a family decides to purchase food rather than pay rent their credit is impacted, and it’s harder to catch up on late payments. The further they fall behind, the more likely they are to face eviction.”
• More on SNAP and SNAP Theft. Also this month, in a recent episode of NPR’s On the Record podcast, Carmen Del Guercio, president and CEO of the Maryland Food Bank, tells how it’s gearing up for more people needing help and, Baltimore Banner investigative reporter Brenna Smith tells about the surge in SNAP theft.
• One Marylander”s Story on Food Insecurity and SNAP -Maryland Food Bank Speakers Bureau. “Even though I feel lucky to get anything from SNAP, my benefits are plummeting to $23 . . .” said Marylander, Susan Getka. Now, at 69 y/o, she is adding her voice to the newly formed Maryland Food Bank Speakers Bureau–a diverse group of Marylanders who advocate for themselves and others struggling with food insecurity.
• Pandemic Era Protections and Benefits Expire. Last Month, 35.2% of Marylanders said they struggled to pay usual household expenses and 13% of households surveyed in Maryland said they were very likely to face eviction -22.6% said it was likely. Now local organizations across the state are preparing for an influx of clients who have seen pandemic era protections and benefits go away just when they need them the most.
• Representing Non-English Speaking Clients and Undocumented Immigrants. In a 90-minute presentation that only scratched the surface of the unique issues facing non-english speaking clients and undocumented workers that seek legal help, Raphael Santini and Emmanual Fishelman shared their insights on how to overcome “fear and . . . language” barriers when representing Spanish speaking clients and undocumented workers in worker’s compensation and personal injury cases. The presentation was held last month during the MSBA’s Professional Excursion event that took place in San Juan, Puerto Rico.
• Water4All and Barriers to Aid. Despite having launched the Water4All affordability program last year, local lawmakers noticed low-income residents avoided participating in the program for fear of losing access to crucial income-qualified assistance programs or disqualifying them from subsidized housing, SNAP, social security, or disability benefits. Now, new guidance from the Treasury Department has clarified that Water4All benefits are not taxable. The news removes a key barrier to participation for low-income residents. Households can apply at https://cityservices.baltimorecity.gov/water4all/
• A2J and Court Ordered Fines and Fees. This month, in an episode of WBUR’s One Point podcast, Daniel Hatcher, professor of law at the University of Baltimore’s Civil Advocacy Clinic, discusses the revenue mechanisms that have become a part of the justice systems justice and how they primarily affect America’s mist vulnerable individuals, children and families.
• Eviction Crisis. Also this month, the Montgomery County Council unanimously passed a resolution calling on the Governor and state lawmakers to allocate $175 million in the fiscal year 2024 budget to help families struggling to make rent. “Higher housing costs and the looming end of assistance payments to renters could lead to a new eviction crisis,” Council President Evan Glass said in a statement.

National News

• A2J and Immigration. In recognition of the 60th anniversary of the landmark U.S. Supreme Court ruling, Gideon v. Wainwright, which established legal counsel as a fundamental constitutional right essential for a fair trial and due process, the Vera Institute of Justice and the National Partnership for New Americans (NPNA) have teamed up to create the Fairness to Freedom campaign to establish a federal right to representation for all immigrants facing deportation.
• Universal Representation and Deportation. In an effort to amplify social media content and resources and get more people involved in the Fairness to Freedom campaign. The Vera Institute and NPNA are encouraging all to share the sample messages as well as their policy brief that sheds light on the data-driven recommendations for an equitable federal defense system with your networks.
• A2J and Justice Tech. This month, in an episode of the LSC podcast ,Talk Justice,  Quinten Steenhuis, clinical fellow and adjunct professor at Suffolk University Law School Legal Innovation and Technology Lab, discusses his team’s successful collaboration with legal aid organizations to use technology to scale help for the Court Forms Online project and the potential to use tech to extend the reach of legal services.
• A2J and Language as a Barrier. “Immigrants, who have no legal training and often don’t speak much—if any—English, frequently must defend themselves against highly-trained government attorneys.” In an article published on Law.com, Sherry Levin Wallach discusses access to justice in immigration and New York’s opportunity in this legislative session to be the first-in-the-nation to enact a statutory right to representation for individuals at risk of deportation. Pay Wall.
• Consumer Interests and A2J Tech. This month in newly published research, Duke Center on Law and Technology has added to the growing effort to discern which consumers are actually interested in legal services from nonlawyers. “[S]omeone who makes $60,000 to $100,000 a year, who has student debt, or medical debt or family responsibilities. I think those people need access and options [to legal advice too]” says to Natalie Anne Knowlton, founder of Access to Justice Ventures, which focuses on scalable solutions for legal consumers. “We have a lot of access to justice in the top and the bottom,” she said. “But there’s some purchasing power in the middle of the ice cream sandwich.”
• Ai, Legalese and A2J Tech. Legalese Decorder, an app that simplifies legal language in order to make it more accessible has introduced a new AI-powered legal advisor tool. “Many people are intimidated by legal jargon and are unsure of their rights when dealing with legal matters,” says William Tsui, the founder of Legalese Decoder. “Our new AI-powered [tool] is designed to empower individuals to better understand their legal rights and take action to protect them.”
• Public Benefits Delivery and Consumer Protections. This month, a new report from CFPB examines how the means used to deliver certain public benefits like Social Security and unemployment compensation can leave benefit recipients subject to high fees that cut into the amount of funds the received. “When cash assistance programs are drained by unnecessary fees and poor customer service, it hurts individual recipients and taxpayers,” said CFPB Director Rohit Chopra.
• A2J and Illegal Evictions. In a recent article, LSC President Ronald Flagg, and Silvia Argueta Executive Director at the Legal aid Foundation of Los Angeles shed light on why extending renter protections won’t shield tenants from illegal evictions and why “to combat illegal evictions, we need to ensure that people have access to civil legal services.”
• A2J and the Civil Legal Aid Budget. Also this month, Legal Services Corporation (LSC) asked Congress to appropriate $1.5 billion in the FY 2024 budget request. “The request addresses the projected increase in demand for civil legal services due to the persistent impact of COVID-19 on low-income Americans, coupled with the ongoing lack of adequate resources to address the widening justice gap.”
• A2J, the Courts, and Consumer Debt Dockets. In a recent article, PEW recaps discussions with legal advocates and state executive from Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin and their take on how debt collection lawsuits represent one of the most common and primary touch points between courts and their communities. The article highlights 3 key takeaways: (1) caseloads that can be attributed to just a few national debt buying companies, (2) shift is needed from a punitive approach to a more problem-solving philosophy, and (3) more user-friendly and effective court processes are needed now.
• A2J and Civil Forfeiture. Also this month, one Nevadan is arguing before the state’s Supreme Court that civil forfeiture “violates constitutional protections against double jeopardy by punishing defendants twice for the same crime.” Advocates say that civil forfeiture proceedings should be part of the criminal justice process and note that “because civil forfeitures are civil proceedings, there is no right to counsel as there would be in criminal proceedings, according to attorneys.”