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Legal Aid In Maryland: Obtaining Free Civil Legal Services

Legal Aid In Maryland: Obtaining Free Civil Legal Services . By C. Shawn Boehringer Chief Counsel Maryland Legal Aid. History of Legal Services in Maryland and the U.S. Pre – L.B.J. “Great Society” and “War on Poverty”;

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Legal Aid In Maryland: Obtaining Free Civil Legal Services

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  1. Legal Aid In Maryland: Obtaining Free Civil Legal Services By C. Shawn Boehringer Chief Counsel Maryland Legal Aid

  2. History of Legal Services in Maryland and the U.S. • Pre – L.B.J. “Great Society” and “War on Poverty”; • Maryland Legal Aid formed in 1911; Celebrating its centennial this year; • One of several “Legal Aid Societies” formed in Midwestern and Northeastern cities to help new immigrants with legal problems; • Criminal and civil representation often offered by one organization;

  3. Federal Support and Funding of Civil Legal Services • Sergeant Shriver and the Office of Economic Opportunity; • Creation of the Legal Services Corporation under President Nixon; • History Since ’74 • LSC funding under Presidents Carter and Reagan • 1990’s Contract for America, Regulatory Restrictions and Funding Diversification • Current Picture

  4. Public Defender vs. Civil Legal Aid • Gideon vs. Wainwright, 372 U.S. 335 (1963) • Civil Gideon? • Legislative and Judicial Efforts • Frase vs. Barnhart, No. 691 (Md. Ct. App. December 11, 2003); Maryland case involving right to counsel in child custody cases • For more: www.civilrighttocounsel.org

  5. Case Priorities • Maryland Legal Aid Strategic Plan and Human Rights Framework; • Benchmarks: Universal Declaration of Human Rights and Conventions arising from the UDHR particularly the Convention on Economic, Social, and Cultural Rights; • FDR and Four Freedoms; • Values, Framing, Toolkit, Movement • Cases involving basic human needs – food, shelter, income support, protection from violence; • What we don’t do – torts, probate, criminal, real estate transactions

  6. Housing • Evictions • Foreclosures • Public and Subsidized Housing Rights • Section 8 • Conditions/Rent Escrow • Fair Housing • Strategic Planning Impact Projects • Advancing the Human Right to Housing: affordability, habitability, accessibility, security of tenure, adequate location, cultural adequacy, accessibility to necessary services and infrastructure

  7. Public Benefits • Supplemental Security Income • Unemployment Insurance • Medical Assistance • Food Stamps • Temporary Cash Assistance • Right to just remuneration; right to security in the event of unemployment, sickness, disability, old age, or other lack of livelihood, right to adequate food, right to access necessary health care services or medical assistance

  8. Family Law • Domestic Violence • Custody Issues • Support Issues

  9. Children in Need of Assistance • Legal Aid represents children in CINA proceedings in 12 Maryland jurisdictions:

  10. Other Areas • Consumer - Garnishments - Bankruptcy - Overlap with Housing • Long-Term Care • Migrant Farmworker Advocacy

  11. Eligibility • Financial - LSC 125% of federal poverty level - MLSC 50% of Maryland Median Income - Other Grants May Impose Different Criteria • Other - LSC alien criteria

  12. Funding Sources • Legal Services Corporation (Federal) • Maryland Legal Services Corporation (State) • DHR (For CINA work) • Administrative Office of the Courts • Older Americans Act • Ryan White • DHCD • Local Grants in Aid • United Way • Foundations, private donations, Cy Pres

  13. How to Get Help • Go to Website www.mdlab.org • Website resources include office locations, telephone numbers • Intake can be done in most offices by walk-in or telephone; Call the office which serves your county for information • Donate to Maryland Legal Aid

  14. Accessibility for the Deaf • Recently adopted Language Access Policy emphasizes importance of adequate communication with LEP and Deaf clients and applicants for service; • Liberal policy regarding retention of interpreters for consultations, court appearances, and outreach events; • Use of MD Relay Service and Sorenson; • All staff have e-mail accounts and computers; Addresses are commonly first initial last name @mdlab.org • http://mdcourts.gov/district/selfhelpcenter/home.html to access live e-mail chat at our Glen Burnie District Court self-help center • Full-time IT staff can assist each office to provide communication by keyboard;

  15. Other Maryland Legal Services Providers • Pro-bono programs – Maryland Volunteer Lawyers Service, Pro Bono Resource Center, Mid-Shore Pro Bono, Allegany Law Foundation, Inc., Harford Bar Foundation, Montgomery Bar Association, Frederick Bar Foundation, Community Legal Services of Prince George’s County • Other providers – Public Justice Center, Maryland Disability Law Center, Women’s Law Center, House of Ruth, Homeless Persons Representation Project (For complete list www.mlsc.org)

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