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34 Judges J. 1 (1995)

handle is hein.journals/judgej34 and id is 1 raw text is: The Legal Services Corporation Must Be Saved By Francis J. Larkin Our ideal of America is a nation in which justice is done. The existence of injustice, especially if it derives from poverty in this most favored of nations, erodes our ideal of America, especially the concept of Equal Justice for all out citizens. This aspiration0 this pursuit of the ideal-was elo- quently given voice by Justice Lewis F. Powell Jr., when h e was president of the American Bar Association: Equal justice under law is not merely a caption on the facade of the Supreme Court building. It is perhaps the most inspiring ideal of our society. It is one of the ends for which our entire legal sys- tem exists . . . . It is fundamental that justice should be the same, in substance and availability, without regard to economic status. These aspirations and sentiments have long animated the impulse behind the Legal Services Corporation, which is now under attack in the Congress. From the beginning, Legal Services has been a driving force to realize this nation's ideal of equal justice under law. In the recent words of ABA President George Bushnell: They've been a friend to those without powerful friends; and they have given another chance to those who believed they were out of chances. The history of Legal Services is instructive. Thirty years ago, federally funded legal aid for the poor began as an adjunct of the -War on Poverty. Under President Johnson's administration, money was provided for lawyers to represent the needy in their battles with land- lords, farm corporations, county voting registrars, and state regulators. The Legal Services Corporation, a non-profit entity, was first proposed by President Richard Nixon and established by an Act of Congress in 1974. In proposing the establishment of LSC, Ptesident Nixon stated that his objective was to take the politics out of legal ser- vices for the poor and to give it a stable, ongoing, and efficient structure. With characteristic political pre- science, he stated: 'Legal Services is concerned with social issues and is thus subject to unusually strong political pressures. . . . [IIf we are to preserve the strength of the program, we must make it immune to political pressure and make it a permanent part of our justice system. In the intervening years, the lawyers of the Legal Services Corporation have, written a proud chapter in the long and patient cointment America has made in its struggle for justice. Their story has been one of progress, challenges met, and challenges overcome. But the struggle for equal justice is far from over and great challenges yet remain. Suddenly, ominously, a new one has emerged. The war on poverty has turned into a war against those in poverty, says Alexander D, Forger, president of the Legal Services Corporation. Today, there are bills in Congress that would either abolish civil legal aid to the poor Outright or indirectly would reduce dramatically its effectiveness by relegating funding to block grants made directly to states, where historically receptivity to vigorous legal services efforts has been conspicuously chilly. What is the purpose of, or at least the effect of, these efforts? Can anyone doubt that it is to stren-then the hand of the financially advantaged, the powerful, and to reduce further the modest help this country gives to the poor and the weak? The Editorial Board of The Judge' J0ournal Views these challenges to the continued existence of Legal Services as both ill-conceived and subversive of the American system of justice. We join with the American Bar Association, the Conference of Chief Justices, and many other groups to support the continued funding of the Legal Services Corporation. In the strongest of terms, we oppose measures to abolish or distort its pur- pose. We believe deeply that LSC promotes the princi- ples of fair play and equality before the law upon which this county was founded. Our collective experience as judges and lawyers-at all levels of the court system, state and federal-has convinced us that the present system works well and has provided vital access to justice for millions who uight otherwise be denied their day in court. Collectively and individually, we believe LSC ultimately helps to empower people which, in turn, enhances respect for our system of justice. In this editorial, we set forth some of our reasons for this stand and attempt to deal with some of the criticism ofthe present system. A million and a halft people each year come to local legal services offices to seek help with legal problems that often involve critical survival issues. They come nith faiily law problems such as child support, cus- tody, domestic violence, and divorce issues; they come with housing problems, such as landlord-tenant disputes and evictions; and they come to get legal help to obtain government benefits, such as food stamps, Aid to Families With Dependent Children, and Supplemental Security Income.

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