Legal Aid In Maryland: Legal Aid In Maryland: Obtaining Free Civil Obtaining Free Civil

Legal Services Legal Services

By C. Shawn BoehringerBy C. Shawn Boehringer

Chief CounselChief Counsel

Maryland Legal AidMaryland Legal Aid

History of Legal Services History of Legal Services in Maryland and the U.S.in Maryland and the U.S.

Pre – L.B.J. “Great Society” and “War on Pre – L.B.J. “Great Society” and “War on Poverty”;Poverty”;

Maryland Legal Aid formed in 1911; Maryland Legal Aid formed in 1911; Celebrating its centennial this year;Celebrating its centennial this year;

One of several “Legal Aid Societies” One of several “Legal Aid Societies” formed in Midwestern and Northeastern formed in Midwestern and Northeastern cities to help new immigrants with legal cities to help new immigrants with legal problems;problems;

Criminal and civil representation often Criminal and civil representation often offered by one organization;offered by one organization;

Federal Support and Funding of Federal Support and Funding of Civil Legal ServicesCivil Legal Services

Sergeant Shriver and the Office of Sergeant Shriver and the Office of Economic Opportunity;Economic Opportunity;

Creation of the Legal Services Corporation Creation of the Legal Services Corporation under President Nixon;under President Nixon;

History Since ’74History Since ’74 LSC funding under Presidents Carter and LSC funding under Presidents Carter and

ReaganReagan 1990’s Contract for America, Regulatory 1990’s Contract for America, Regulatory

Restrictions and Funding DiversificationRestrictions and Funding Diversification Current PictureCurrent Picture

Public Defender vs. Civil Legal AidPublic Defender vs. Civil Legal Aid

Gideon vs. WainwrightGideon vs. Wainwright, 372 U.S. 335 , 372 U.S. 335 (1963)(1963)

Civil Gideon?Civil Gideon? Legislative and Judicial EffortsLegislative and Judicial Efforts Frase vs. BarnhartFrase vs. Barnhart, No. 691 (Md. Ct. App. , No. 691 (Md. Ct. App.

December 11, 2003); Maryland case December 11, 2003); Maryland case involving right to counsel in child involving right to counsel in child custody casescustody cases

For more: www.civilrighttocounsel.orgFor more: www.civilrighttocounsel.org

Case PrioritiesCase Priorities Maryland Legal Aid Strategic Plan and Human Maryland Legal Aid Strategic Plan and Human

Rights Framework;Rights Framework; Benchmarks: Universal Declaration of Human Benchmarks: Universal Declaration of Human

Rights and Conventions arising from the UDHR Rights and Conventions arising from the UDHR particularly the Convention on Economic, Social, particularly the Convention on Economic, Social, and Cultural Rights;and Cultural Rights;

FDR and Four Freedoms;FDR and Four Freedoms; Values, Framing, Toolkit, MovementValues, Framing, Toolkit, Movement Cases involving basic human needs – food, Cases involving basic human needs – food,

shelter, income support, protection from violence;shelter, income support, protection from violence; What we don’t do – torts, probate, criminal, real What we don’t do – torts, probate, criminal, real

estate transactionsestate transactions

HousingHousing EvictionsEvictions ForeclosuresForeclosures Public and Subsidized Housing RightsPublic and Subsidized Housing Rights Section 8Section 8 Conditions/Rent EscrowConditions/Rent Escrow Fair HousingFair Housing Strategic Planning Impact ProjectsStrategic Planning Impact Projects Advancing the Human Right to Housing: Advancing the Human Right to Housing:

affordability, habitability, accessibility, security of affordability, habitability, accessibility, security of tenure, adequate location, cultural adequacy, tenure, adequate location, cultural adequacy, accessibility to necessary services and accessibility to necessary services and infrastructureinfrastructure

Public BenefitsPublic Benefits

Supplemental Security IncomeSupplemental Security Income Unemployment InsuranceUnemployment Insurance Medical AssistanceMedical Assistance Food StampsFood Stamps Temporary Cash AssistanceTemporary Cash Assistance Right to just remuneration; right to security Right to just remuneration; right to security

in the event of unemployment, sickness, in the event of unemployment, sickness, disability, old age, or other lack of disability, old age, or other lack of livelihood, right to adequate food, right to livelihood, right to adequate food, right to access necessary health care services or access necessary health care services or medical assistancemedical assistance

Family LawFamily Law

Domestic ViolenceDomestic Violence Custody IssuesCustody Issues Support IssuesSupport Issues

Children in Need of AssistanceChildren in Need of Assistance

Baltimore Baltimore CityCity

Baltimore Baltimore CountyCounty

CharlesCharles CalvertCalvert

FrederickFrederick St. Mary’sSt. Mary’s AlleganyAllegany HarfordHarford

GarrettGarrett Anne Anne ArundelArundel

MontgomerMontgomeryy

Prince Prince George’sGeorge’s

Legal Aid represents children in CINA proceedings in 12 Maryland jurisdictions:

Other AreasOther Areas

ConsumerConsumer

- Garnishments- Garnishments

- Bankruptcy- Bankruptcy

- Overlap with Housing- Overlap with Housing Long-Term CareLong-Term Care Migrant Farmworker AdvocacyMigrant Farmworker Advocacy

EligibilityEligibility

FinancialFinancial

- LSC 125% of federal poverty level- LSC 125% of federal poverty level

- MLSC 50% of Maryland Median - MLSC 50% of Maryland Median IncomeIncome

- Other Grants May Impose - Other Grants May Impose Different CriteriaDifferent Criteria

OtherOther

- LSC alien criteria- LSC alien criteria

Funding SourcesFunding Sources Legal Services Corporation (Federal)Legal Services Corporation (Federal) Maryland Legal Services Corporation Maryland Legal Services Corporation

(State)(State) DHR (For CINA work)DHR (For CINA work) Administrative Office of the CourtsAdministrative Office of the Courts Older Americans ActOlder Americans Act Ryan WhiteRyan White DHCDDHCD Local Grants in AidLocal Grants in Aid United WayUnited Way Foundations, private donations, Cy PresFoundations, private donations, Cy Pres

How to Get HelpHow to Get Help

Go to Website Go to Website www.mdlab.orgwww.mdlab.org Website resources include office Website resources include office

locations, telephone numberslocations, telephone numbers Intake can be done in most offices by Intake can be done in most offices by

walk-in or telephone; Call the office walk-in or telephone; Call the office which serves your county for which serves your county for informationinformation

Donate to Maryland Legal AidDonate to Maryland Legal Aid

Accessibility for the DeafAccessibility for the Deaf Recently adopted Language Access Policy Recently adopted Language Access Policy

emphasizes importance of adequate communication emphasizes importance of adequate communication with LEP and Deaf clients and applicants for service;with LEP and Deaf clients and applicants for service;

Liberal policy regarding retention of interpreters for Liberal policy regarding retention of interpreters for consultations, court appearances, and outreach consultations, court appearances, and outreach events;events;

Use of MD Relay Service and Sorenson;Use of MD Relay Service and Sorenson; All staff have e-mail accounts and computers; All staff have e-mail accounts and computers;

Addresses are commonly first initial last name Addresses are commonly first initial last name @mdlab.org@mdlab.org

http://mdcourts.gov/district/selfhelpcenter/home.htmlhttp://mdcourts.gov/district/selfhelpcenter/home.html to access live e-mail chat at our Glen Burnie District to access live e-mail chat at our Glen Burnie District Court self-help center Court self-help center

Full-time IT staff can assist each office to provide Full-time IT staff can assist each office to provide communication by keyboard; communication by keyboard;

Other Maryland Legal Services Other Maryland Legal Services ProvidersProviders

Pro-bono programs – Maryland Volunteer Pro-bono programs – Maryland Volunteer Lawyers Service, Pro Bono Resource Lawyers Service, Pro Bono Resource Center, Mid-Shore Pro Bono, Allegany Law Center, Mid-Shore Pro Bono, Allegany Law Foundation, Inc., Harford Bar Foundation, Foundation, Inc., Harford Bar Foundation, Montgomery Bar Association, Frederick Montgomery Bar Association, Frederick Bar Foundation, Community Legal Services Bar Foundation, Community Legal Services of Prince George’s Countyof Prince George’s County

Other providers – Public Justice Center, Other providers – Public Justice Center, Maryland Disability Law Center, Women’s Maryland Disability Law Center, Women’s Law Center, House of Ruth, Homeless Law Center, House of Ruth, Homeless Persons Representation Project (For Persons Representation Project (For complete list www.mlsc.org)complete list www.mlsc.org)