Staffing of the ACE Program and the Pipeline for Future ACE Attorneys
During the hearings hosted by the Task Force in the fall of 2024, a complex story emerged about capacity among civil legal aid organizations to staff the ACE Program. Nearly every civil legal aid organization providing legal services for the ACE Program stated that they were at staffing capacity in terms of the staffing goals proposed in their grants with MLSC, but many also noted that this did not necessarily mean that they were at capacity in terms of the need in the regions and jurisdictions they serve. This was particularly true in jurisdictions like Baltimore City, Baltimore County, Montgomery County, and Prince George’s County which all see a higher volume of eviction-related filings than other jurisdictions.
These organizations pointed to a number of constraints that might prevent them from growing their staff, including resource needs, difficulty in recruitment and retention, and a lack of funding to increase organizational infrastructure to manage more staff.
While some civil legal aid organizations stated that they did not have to turn away eligible clients as a result of staffing capacity limitations, some did. And many pointed out that there is no way to know how great the need truly is in Maryland, but it is likely the case that not every eligible tenant is aware of the ACE law/Program and that not every eligible tenant is able to secure meaningful access to counsel.
Civil legal aid organizations and MLSC both reported challenges related to recruitment and retention of ACE attorneys and staff. MLSC provided additional context that this is a challenge being felt across all legal services (not just ACE Programs) and across the country. MLSC has worked diligently to increase salaries to improve retention rates, having provided multiple rounds of funding to civil legal aid organizations solely for salary increases, which the Task Force commends.
Recruitment challenges are particularly acute in the more rural regions of our state which presents a unique challenge for legal service providers in these areas because one civil legal aid office generally staffs multiple large counties where the distance between courthouses often means that staff are physically unable to man more than one location at a time due to lack of staffing capacity. Civil legal aid organizations suggested that remote hearing capacity within the Judiciary and receiving the dockets in advance would allow them to allocate resources more efficiently and may help address these issues.
Additionally, every organization stated that burnout among ACE attorneys and staff is a real challenge to retention. Many organizations are implementing wellness programs and working to allow ACE attorneys and staff to work on other types of cases to limit their exposure and burnout. Furthermore, MLSC is aware of this issue and is also offering support to their grantees and their attorneys and staff through grant awards targeted specifically towards increasing existing staff salaries; support of the Equal Justice Works Housing Justice fellowship program, and WeCare, an extended cohort- based anti-trauma and resiliency wellness program.
The Task Force applauded and supported these efforts to reduce burnout and help retain the talented attorneys and staff working hard on the ACE Program every day. The Task Force also learned more about efforts to strengthen the pipeline of attorneys who can help address capacity issues in the future. The Task Force received written testimony from The University of Baltimore School of Law and the University of Maryland Francis King Carey School of Law about their respective efforts to train law students in ACE law and expose them to this legal work in the hopes that they may enter the field upon graduation. In addition, the Task Force received written testimony from Equal Justice Works, which operates a Housing Justice Program that mobilizes lawyer and community organizer Fellows to provide direct legal services, education and outreach, and impact litigation to advance the rights of renters and hold bad-actor landlords accountable.
The University of Baltimore School of Law runs a Housing Justice Fellowship Program which is funded by way of an MLSC ACE-funded grant. In FY 2024, the Program funded seven student fellowships for 2,062 hours of work at the following agencies: CASA de Maryland, Pro Bono Resource Center, Civil Justice, and Community Legal Services of Prince George’s County. One of those fellows is now employed as a law graduate at the Pro Bono Resource Center. The school also had a number of other students doing housing work at Maryland Legal Aid and its affiliate agency, Maryland Center for Legal Assistance, who were funded through other sources or were paid directly by MLA. Those students worked another 1,340 hours on housing-related cases. One of these students has been offered a position as a staff attorney at Maryland Legal Aid following her graduation in 2025. Another 2024 graduate is also working at the Pro Bono Resource Center.
Meanwhile, the University of Maryland Francis King Carey School of Law runs an Evictions Prevention Clinic which has been in operation since January of 2023 and is funded by way of an MLSC ACE-funded grant. Each semester, the Clinic enrolls eight new students in their seminar and pre-trial intake practice. In total, 10 students each semester practice law defending ACE- eligible clients under the supervision of the professors running the Clinic.
Professors from the University of Maryland noted that, as a practical matter, student debt and the salaries available to those working in ACE law fields are deterrents to students entering the workforce. They worry about being able to pay down their debt and manage costs of living on the salaries available. Furthermore, with federal student loan forgiveness programs under threat, many have concerns about committing to a future of uncertain financial security. These concerns further underscore MLSC’s efforts to increase salaries of ACE attorneys and staff.
Finally, the Equal Justice Works Housing Justice Program mobilized 11 legal fellows and four organizer fellows to work at Maryland-based legal services organizations over a two-year period, from August 2022 to July 2024. To date, Equal Justice Works fellows have provided housing- related direct legal services to 3,359 Maryland households made up of more than 8,150 low- income individuals. This fellowship is unique in that it provides a more wrap-around approach to ACE-related cases by utilizing their organizer fellows to connect tenants to attorneys, including their legal fellows, and other community organizations, partners, and resources, to provide more holistic support to those facing eviction proceedings. So far in Maryland, fellows have secured over $1.57 million in economic benefits for households at risk of displacement.
Many of the civil legal aid organizations who have taken on fellows from Equal Justice Works have ended up hiring them at the end of their fellowship. However, Equal Justice Works noted that some organizations have turned away fellows or have had difficulty placing fellows with more rural organizations, who could really use the help. The Task Force discussed having Equal Justice Works work directly with these organizations to develop solutions to capacity and recruitment issues to ensure the continued growth and success of the highly valuable program.
Task Force recommendations based on these findings include:
- Civil legal aid organizations should work with Equal Justice Works to identify how to bring fellows to more rural locations.
- Civil legal aid organizations should form a work group or convening platform so that they can discuss implementation of the ACE law and share best practices regarding staffing, recruitment, retention, representation of clients, and to problem solve issues they face regarding the provision of legal services associated with the ACE Program.
- MLSC should continue their efforts to ensure competitive salaries for ACE attorneys and staff.