Dispatch | February, 22 2023

A2J Dispatch – January/February Issue 2023

The January/February Issue

In this month’s issue of the A2J Dispatch, we share A2JC’s top legislative priorities, we highlight a number of bills and legislative initiatives that advance access to justice and the civil legal organizations backing them, we recap a House Judiciary Committee briefing urging legislators to consider continuous funding for the Access to Counsel in Evictions law, we explore the ways ChatGPT can be used to scale and advance pro bono work, and we learn about a free App Marylanders can use to click, call and chat directly with a lawyer at a Maryland Court Help Center, all this and more in this month’s issue.

A2J Commission News

• A2JC ED, Reena Shah, Provides Briefing to House Judiciary Committee on the Access to Counsel in Evictions Task Force. This month, legislators heard from A2JC Executive Director, and Access to Counsel in Evictions (ACE) Task Force Chair, Reena K. Shah delivered a briefing to the House Judiciary Committee urging legislators to consider key recommendations from the Taskforce’s 2023 Report and emphasizing the importance of continuous funding for the ACE law; uniformity in state courts regarding application of ACE law; and a centralized number for all information and services related to ACE.

• A2JC and MSBA join on two Legislative Priorities at MSBA Day ’23. Last month, A2JC, in collaboration with the Maryland State Bar Association (MSBA), headed back to Annapolis for MSBA Day ‘23 to continue the tradition of bringing together Maryland leaders, elected officials, and MSBA members and sections to learn about and advocate for key priorities for the legal profession. This year’s MSBA Day featured two joint legislative priorities:
  • Funding for the Access to Counsel in Evictions Law. A2JC and the MSBA, along with coalition partners, have made it a priority to fully fund the access to counsel in evictions law, through advocacy with the Governor’s Office and the General Assembly. A2JC and MSBA remain committed to securing a continuous and stable source of state funding to fully implement the law by 2025 and beyond.
  • Increased Civil Legal Aid Funding. Since 2020, A2JC and the MSBA have worked with coalition partners to secure over $40 million in funding for the Maryland Legal Services Corporation (MLSC), the largest funder of civil legal aid in Maryland. We will continue our push to educate legislators on the value of civil legal aid and increase the amount of civil legal aid funding. Civil legal aid makes it possible to access legal information, advice or representation when faced with a civil legal problem. It helps Marylanders navigate non-criminal legal issues affecting their livelihoods and families.
• A2JC joins in Support of Cannabis Reform Bill HB556 with Amendment to dedicate 10% of tax revenue to support vital legal services. Earlier this month, the House Economic Matters Committee held a hearing on a bill looking to legalize recreational cannabis and establish a working marketplace (HB 556). At the hearing, MLSC Executive Director, Deb Seltzer, Maryland Legal Aid Executive Director, Vicki Shultz, and Kirsten G. Downs, Executive Director for the Homeless Persons Representation Project all testified in favor of the legislation with an amendment dedicating 10% of the cannabis tax revenue to an existing Special Fund administered by the Maryland Legal Services Corporation (MLSC), whose grantees (the civil legal aid providers) provide vital legal services to the residents of communities most impacted by the disproportionate enforcement of cannabis prohibition. As lawmakers consider cannabis reform, A2JC joins in the effort urging lawmakers to consider funding for civil legal aid as a mechanism to right many of the harms that have impacted communities most impacted by the war on drugs and the disproportionate enforcement of cannabis prohibition, the same communities most served by civil legal aid.

Legislative Spotlight. The 2023 session of the Maryland General Assembly is underway! In the coming weeks, we’ll not only highlight the bills that have A2JC support, we will also spotlight a few of the bills and legislative initiatives from other civil legal aid organizations that advance access to justice for Marylanders across the state.

• Public Justice Center (PJC). As a member of Renters United Maryland (RUM), the PJC is working with legislators and a new governor on several priorities for Maryland renters. These bills seek to sustain emergency rental assistance, enable local “just cause” eviction protection (HB 684 / SB 504), create a legal tool for tenants to win repairs together (HB 691 / SB 807), and block unlicensed landlords from using our courts for eviction (HB 36 / SB 100).
• Economic Action Maryland. This Legislative Session, Economic Action Maryland looks to push its Economic Rights Legislative Agenda – which includes, among other things, fighting to increase the amount of money protected in an individual’s bank account from debt collection, oversee the repayment of wrongly pursued hospital medical debt to low income patients, end modern-day debtors’ prisons, and supporting policies and greater protections for renters and homeowners.
• Homeless Persons Representation Project, Maryland Center on Economic Policy, and the PJC. In a briefing on February 20, lawmakers heard from Maryland-focused non-profit organizations, coalitions and directly impacted individuals on a number of initiatives and bills aimed at strengthening safety net services and economic programs for low-income Marylanders. If passed, these bills would positively impact major areas that intertwine with access to justice including access to healthcare, housing, nutrition and cash-benefits programs among other things.

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.

• Maryland Court Help App. Did you know there is an App Marylanders can use to click, call and chat directly with a lawyer at a Maryland Court Help Center? The Maryland Court Help App is a free tool that provides access to a range of resources including information about Maryland Law (with links to the code and rules), directions to all court locations, the entire Maryland Court Help video library, information on language access, accessibility, and mediation. Free and Available for iOS (Apple) and Android devices.

Local A2J News

• Tax Sale System. Some 41,000 properties have gone through the Baltimore tax sale system since 2016. A Baltimore Banner investigation found that in the city’s majority-Black neighborhoods “homes have liens placed on them and are sold at much higher rates.”
• Tenants’ Rights. In a recent opinion, the Appellate Court of Maryland made clear that defining certain fees as “rent” is illegal. “When working people pay their rent a few days late in order to put food on the table for their families, landlords shouldn’t take advantage by tacking on fees above the legal limit,” said Andrew D. Freeman of Brown, Goldstein & Levy, one of the plaintiffs’ lawyers.
• Homeowner Clinics. Homeownership is critical to preserving intergenerational wealth amongst black and brown communities, but homes and other assets can be lost forever due to issues with tangled title and systemic laws. My Home, My Deed, My Legacy, a project of Maryland Volunteer Lawyers Service (MVLS) and Maryland Department of Housing and Community Development, is hosting a clinic on February 28th from 3:00 PM – 7:00 PM at the NEW Middle Branch Fitness and Wellness Center! In addition to raising awareness of legal homeownership and the deed recording process, the program looks to educate and inform the public about the estate administration process, the importance of wills and health care directives, and steps to avoid probate.
• EBT Benefits. Help may be coming to SNAP benefit recipients that saw their benefits stolen with no recourse. A new federal mandate now calls for states to use federal money to reimburse SNAP recipients using the federal funds they receive. The new law also calls on states to increase the EBT cards’ security protections. States have until the end of February to draw up plans, but advocates and lawmakers say the payments are only a half-step toward fixing the problem.
• Evictions. An eviction is already a horrible event. To further marginalize tenants by allowing all their personal belongings to be taken without warning is inhumane,” says Joseph Mack. Mack served as a Baltimore couple’s lawyer, the couple lost their belongings due to a city ordinance that allows landlords to take possession of items left behind when an eviction takes place. In tenant-holding-over cases, renters are often have no way to reclaim their belongings after an eviction as landlords can sell or throw them away. Last year, a federal judge ruled that the practice violates the constitutional rights of tenants. Now, this month a federal jury awarded $186,000 to a Baltimore couple who lost their belongings to a landlord that took possession.
• Lawyer in the Library. Lawyer in the Library is a community lawyering initiative, the goal of which is to bring free, civil legal services and help to underserved communities. This month and next on 2/24 and 3/24 there will be sessions at Enoch Pratt Free Library Pennsylvania Avenue Branch from 1:00-3:00 PM. Lawyers from Maryland Legal Aid will be on hand to answer questions about civil matters.

National A2J News

• ChatGPT and Pro Bono. In a recent Bloomberg Law article, Quinten Steenhuis from Suffolk University Law School’ discusses how ChatGPT and other AI tools can scale and advance pro bono work so attorneys and programs may reach more communities in need. And, Justice Tech innovators continue to look for ways to address the shortage of affordable legal services. The first-ever AI-powered legal defense was supposed to take place to take place in California on Feb. 22, but something changed.  . . “I think calling the tool a ‘robot lawyer’ really riled a lot of lawyers up.” says Joshua Browder, CEO of the NY-based startup DoNotPay, which created a way for people contesting traffic tickets to use arguments in court generated by artificial intelligence. 
• Expanding A2J . “[E]xpanding access to legal help is going to require partnership by a wider coalition of groups—including healthcare workers, educators, librarians, social workers, and community organizers.” In a recent article, Liz Keith, director at Pro Bono Net and Rodrigo Camarena director of Justicia Lab discuss tangible ways to ensure low-income Americans get the legal help they need.
• A2J, Racism and the Housing System. In a recent episode of How Is That Legal?, a podcast from Community Legal Services of Philadelphia and Rowhome Productions, Pennsylvania State Senator Nikil Saval breaks down why racism is the bedrock of America’s housing system and how anti-Black attitudes led the federal government to neglect affordable housing for decades.
• Renters’ Rights. Over 44 million households, or roughly 35 percent of the U.S. population, live in rental housing. A new white paper from the White House Domestic Policy Council and National Economic Council, lays out a series of best policies and practices that address fairness in evictions proceedings and access to eviction prevention/diversion resources.
• A2J and the Courts.The National Center for State Courts’s Just Horizons initiative has been examining the driving forces of change in society and mapping them onto a plan to prepare courts for the future. On February 23, they’ll host a panel of distinguished speakers and outline a number of areas in which courts must act today, to prepare for tomorrow.
• Elder Abuse and Exploitation. This month and next, the Consumer Financial Protection Bureau (CFPB) will host a series of webinars on approaches to combatting elder financial exploitation. Learn How to use resources like Money Smart for Older Adults in a joint instructor-led program of CFPB and the Federal Deposit Insurance Corporation (FDIC). The webinar takes place on March 1, 2:00 – 3:30 ET.