The Legal Project, Capital District Women s Bar Association

Transcription

1 The Legal Project, Capital District Women s Bar Association Overview of Achievements, During this reporting period, we have provided services to over 63,000 low and moderate income individuals in the Greater Capital District Area by offering legal information, advice, representation, and referrals utilizing pro bono attorneys, staff attorneys, program staff, law students, fellows, paralegals, and community volunteers. We have obtained almost $69,000 a month in child and spousal support awards for victims of domestic violence, over $1.2 million in back awards and settlements, lump sum awards, and settlements and avoided and saved taxpayers over 3 million dollars. Our move into larger office space has allowed us to increase our use of technology in the provision of legal services, particularly to those living in rural areas and others who are traditionally underserved. The Legal Project is now equipped with Zoom conferencing technology that allows us to provide video consultations to clients who are unable to come to our office and video conferencing for remote meetings and trainings. The services we are now able to offer the immigrant community has greatly expanded due to the addition of a full time immigration staff attorney, Attorney Emeritus, Immigration Fellow, and expanding our Immigration Pro Bono panel from 9 to 17 volunteer attorneys. Having both a pro bono immigration panel as well as a staff attorney has allowed us to provide additional services to the immigrant community to meet the startling increase in needs for services as a result of the new administration. Additionally, we have been able to increase our outreach, strengthen collaborations with community organizations including the Faith Based community, and serve additional clients. We have also been able to work with existing community partners, such as Albany Law School, to foster and develop additional resources for the immigrant community. During this reporting period, we were also fortunate to once again have an immigration fellow from Albany Law School to provide assistance to our immigration program staff. In an effort to increase client and prospective client access by utilizing technology, we hired a Technology and Outreach Coordinator. The addition of this staff member has provided us with the ability to further use Zoom video and teleconferencing equipment and services as part of our outreach efforts to better connect attorneys, staff and volunteers with clients, prospective clients, community service agencies, referral and partner non-profits, local law enforcement agencies and the public-at large. As part of our outreach efforts, we are working with several agencies across the state to coordinate the use of this technology and help make prospective client access easier in the counties we serve, many of which contain rural populations that are currently under-served. Schenectady Saratoga Albany Rensselaer This Provider At a Glance Population Served: Low Income Women and Families Area Served: 4-County Area in Eastern New York Total Funding: $1,482,729 Total IOLA Grant: $160,648 Staffing - Full Time Equivalents Total Staff: Lawyers: Paralegals: 5.50 Other Staff: 8.00 Types of Services Provided Direct Civil Legal Representation Brief Services Extended Services Hotlines and Other Phone-Based Services Technology and Other Innovations Community Legal Education Pro Se Assistance Collaborations With Other Service Providers Major Cases or Other Advocacy Projects The Legal Project, Capital District Women s Bar Association - 1

2 Outcomes 6,171 Individuals Benefited from 2,176 Closed Direct Civil Legal Cases Dollar Benefits Achieved for Clients* - Total $7,724,800 Family Law - Child Support: $3,923,600 Family Law - Maintenance/Spousal Support: $3,301,000 Family Law - Equitable Distribution of Assets: $251,800 Affirmative Judgments: $34,000 Other Benefits: $214,400 Extended Representation Outcomes 2,210 People benefited from extended representation Brief Representation Benefits 3,861 People benefited from legal advice and counsel 23 People benefited from non-litigation advocacy services 77 People benefited by referral to other sources of help *Total includes back awards and total monthly benefits, estimated over 6 months (unemployment compensation), 12 months (equitable distribution of assets, affirmative judgments and other benefits), 36 months (other federal benefits), 108 months (child support), 120 months (Social Security, SSI and spousal support). Examples... Outcomes for Clients woman contacted our office after her court advocate referred her to our office to seek assistance with a divorce. A She had suffered terrible physical and mental abuse at the hands of her husband. For instance, he bashed her head into a refrigerator which broke her back in several places. As a result, she has had to endure multiple surgeries to fix her back as well as constant physical therapy. Her husband filed for divorce in Montgomery County, a county we typically do not cover as there is another legal services program that provides services in that county. Due to a conflict, the case was referred to our office and one of our Staff Attorneys and Fellow took on the case. The divorce is still pending but in the interim they filed a Motion for Pendente Lite Relief, requesting spousal support, which was granted. Our client receives spousal support each week, which will turn into post-divorce maintenance once the divorce is finished. A woman contacted our office to inquire what options she had to remain in the country legally. Our BIA Staff member conducted an in-take over the phone to obtain general information, and then scheduled a consult with our immigration staff attorney. Our attorney met with the client and after an exhaustive assessment of her case determined that the client qualified for asylum. It was necessary to arrange several follow-up meetings to complete the adequate paperwork, collect the necessary evidence to support her claim, and to draft an affidavit narrating the series of events and persecution that obligated her to abandon her country of origin. Once completed, her asylum application was sent to USCIS, along with supporting documents. After 5 months we assisted the client to apply for an Employment Authorization. Finally, the client was given an appointment to present her asylum case at the USCIS Asylum office in NJ. Our attorney traveled to New Jersey with the client for an intense 4 hour interview. A few weeks later, we received noticed that USCIS has approved her application and the client was granted asylum. Currently, we are waiting for 1 year to pass so that we can apply for a Green Card for the client. Breakdown of Cases by Legal Problem Area People Cases Total 6,171 2,176 Family 3,566 1,264 Housing 1, Consumer Immigration Other The Legal Project, Capital District Women s Bar Association - 2 Family 58% Housing 22% Consumer 9% Immigration 7% Other 4%

3 Other Services Hotlines and Other Telephone Based Legal Services Phone consultations are conducted by staff attorneys for those victims of domestic violence who need legal advice and information but are unable to come to our office. Legal Services Coordinators and Paralegals speak with callers seeking legal assistance, providing information regarding available services, safety planning, making legal consultation appointments with both staff and pro bono attorneys, conducting intake, and making referrals when appropriate. Additionally, we have two Immigration program staff who are Spanish speaking and have staff attorneys who can speak French, Mandarin, German, Turkish, and Arabic. We have numerous clients who contact us after they have attended our Uncontested Divorce Clinic with questions and clarification on filing the documents and next steps. Under the supervision of a staff attorney, a Legal Services Coordinator or Paralegal will walk the client through the next steps and make any additional follow-up appointments if necessary. Pro bono attorneys also provide legal advice to individuals who are unable to attend legal clinics due to transportation, medical issues, or other reasons that prohibit the face-to-meeting between the client and attorney. The target population of these direct services is low-income residents of Albany, Rensselaer, Saratoga, and Schenectady Counties who are seeking legal information, advice, and representation. We also provide services in adjoining counties of the Capital Region, including Fulton, Montgomery, Schoharie, Columbia, Greene, Fulton, Warren, and Washington when there are limited civil legal services available. Additionally, we are listed as a legal resource on LawHelpNY and was last updated in April We would estimate that approximately 700 individuals received assistance via telephone based legal services. Technology and Other Innovations In an effort to increase client and prospective client access, The Legal Project has recently begun utilizing Zoom video and teleconferencing equipment and services as part of our outreach efforts to better connect attorneys, staff and volunteers with clients, prospective clients, community service agencies, referral and partner nonprofits, local law enforcement agencies and the public-at large. This new technology allows for remote face-to-face video and teleconferencing via cell phone, computer or tablet in order to facilitate meetings when one or more parties are unable to meet physically due to conflicts, obstacles or physical barriers. As part of our outreach efforts, we are working with the New York State Library Directors Association and the Upper Hudson Library Association to coordinate the use of this technology throughout the libraries of New York State to help make prospective client access easier in the counties we serve, many of which contain rural populations that are currently under-served. We will also work with community centers and faith-based organizations to bring this technology to those locations to assist with prospective client access at these centers. Legal Services Other Than Direct Legal Representation Uncontested Divorce Clinics are conducted with the assistance of Legal Project staff, staff attorneys, law students, and paralegals and the goal is to provide assistance to low income individuals with the preparation and filing of the necessary documents in pro se divorce actions. Legal Clinic Program offers free half-hour, private consultations with volunteer attorneys on a variety of civil legal issues and the clinics are located in areas of greater need to allow those with few resources to easily access them. The goal of the program is to offer the client an opportunity to discuss their problem, to find out if there is a legal or non-legal remedy for their problem and is a starting point in the legal system. In addition, we hold a Small Business Legal Clinic for low-income, women or minority business owners and we continue to provide specialized clinics for Veterans Wills Clinics are held at The Legal Project office, domestic violence programs, and other locations in the community and are conducted with the assistance of Legal Project Staff, volunteer attorneys and paralegals to provide assistance to low income individuals and families who are in need of end of life legal documents. Legally Speaking Workshops offer free, custom designed education programs to community groups and organizations on a wide variety of legal topics. Each workshop is tailored to the requesting group s needs and is provided by either a staff or pro bono attorney. Collaborations With Other Service Providers In an effort to meet the need of people needing our services, The Legal Project has been strengthening our existing collaborations including our efforts with the Capital Region Immigration Collaborative, where we are ramping up our pro bono immigration efforts to provide representation in DACA cases and SIJ cases, assisting with unaccompanied minors that are becoming an even greater issue now with stepped up deportation policies on the national level. In light of these changes, we are working with Albany Law School and our community Number of People Benefited by Legal Services Other Than Direct Legal Representation Total: 62,664 People Community Legal Education and Pro Se Assistance: 11,093 People Web Usage: 38,071 People Legal Hotline Services: 13,500 People The Legal Project, Capital District Women s Bar Association - 3

4 Other Services, continued partners to offer Know Your Rights programs in safe settings and are assisting in developing immigration safety plans. We continue to work closely with local and statewide legal services providers to coordinate services and try to assure the best, most comprehensive service for our clients, and to try to create new programs to address unmet needs when possible. Increasing our capacity and ability to reach out to the underserved populations of the Capital District continues to be our priority. We have taken steps to reach this goal by enhancing our internal programs and continuing our coordination with other legal services programs such as the Empire Justice Center, Unity House Law Project, and The Legal Aid Society of Northeastern New York. This coordination assists us in better identifying needs and determining best practices. We meet at least monthly with representatives of Legal Aid, Albany Law School and the Empire Justice Center, and regularly with the Albany County Bar Association. We have nearly daily contact with the five domestic violence advocacy programs in the region. Further, we are members of the Albany County Coalition Against Domestic Abuse (ACCADA), the Schenectady County Domestic Violence Task Force, the Rensselaer County and Saratoga Counties Integrated Domestic Violence Court Stakeholders groups, the Gender Fairness Committee of the Third Judicial District, Albany County District Attorney Domestic Violence Advisory Committee, the NYS Anti-Trafficking Coalition, and the HOMESAVE Coalition of Housing Counselors and legal services representatives. Our staff also attends the Stakeholders meetings for the Specialized Domestic Violence Courts in Albany County, and the Integrated Domestic Violence Courts in Rensselaer and Saratoga Counties. The Executive Director is a past co-chair of the NYSBA Pro Bono Coordinator s Network and a current member of the NYSBA President s Committee on Access to Justice and the Gender Fairness Committee of the Third Judicial District. Our immigration program serves a multilingual population and although we have a variety of languages spoken by our staff, there is tremendous need for interpreters for other languages. To meet this need, we are collaborating with Albany Law School s Clinic and Justice Center s Project Totem, which recruits and trains bilingual SUNY Albany students to serve as translators and interpreters. The Legal Project has hosted a monthly meeting of the Campus Consortium, that include partners from neighboring colleges and universities, sexual assault advocacy programs, domestic violence service organizations, local law enforcement and district attorneys offices. This Consortium, facilitated by the VP of Student Affairs at the College of St. Rose, has met since We also work in conjunction with the NYS Coalition Against Domestic Violence and the NYS Coalition Against Sexual Assault on the Campus Consortium activities as well as issues of statewide concern regarding domestic violence and sexual assault. In Our Own Voices, a non-profit that focuses on LGBT people of color, works with us on the Campus Consortium and in addition, we provide pro bono attorneys for the Ask-a-Lawyer Clinic, especially designed to provide culturally sensitive legal advice to the LGBT community. As a result of this Campus Consortium, we recently applied and received a grant through the US Office on Violence Against Women for our Campus Based Sexual Assault and Domestic Violence Legal Assistance program which will allow us to continue to work with the consortium members and provide specialized civil legal assistance and advocacy to victims of campus-based sexual assault, interpersonal violence and stalking on college campuses in the Capital Region. This project is also expanding our ability to represent victims of sexual assault in cases beyond college students, and to enhance our ability to provide holistic civil legal services. The Legal Project is on the Advisory Committee for the Crime Victims Legal Network Project which is a federal Office for Victims of Crime funded partnership between Empire Justice Center, the New York State Office of Victim Services, Pro Bono Net, and the Center for Human Services Research at the University at Albany. The focus of the project is to identify the unmet civil legal needs of crime victims outside of New York City, and to develop a Sources of Funding Total $1,482,729 IOLA Grant $160,648 State Funding $1,015,260 Income from fundraising events $86,503 Private Bar $66,308 Other $154,010 State Funding 69% Income from fundraising events 6% Private Bar 4% Other 10% IOLA Grant 11% The Legal Project, Capital District Women s Bar Association - 4

5 Other Services, continued planned response to meet those in need. The Advisory Committee is comprised of crime victim advocates, civil attorneys, prosecutors, crime victims, and relevant state and local agencies throughout New York State and are assisting in the design and direction of the project. We have hosted two in-person meetings of the Advisory group. The Legal Project continues to work with Rural Law Center on two important programs Law Reach and Pro Bono Appeals Project. Additionally, The Legal Project also works with Rural Law Center on PULSE, (Partnership of Upstate Legal Service Providers which includes Worker Justice Center of NY and Legal Services for the Elderly in Buffalo) in an effort to provide services to clients who are having difficulty accessing legal services. We have a formalized partnership, the Capital Region Pro Bono Coordinators Committee, with the Albany County Bar Association (ACBA), Legal Aid of Northeastern NY (LASNNY), Prisoner s Legal Services (PLS), New York State Bar Association, Albany Law School, and the 3rd Judicial District Administrative Office. Regular meetings are held to develop and provide pro bono outreach events in a effort to inform the residents of the Capital Region of available legal services. Backup or Support Services Training and regular mentoring help provide support and technical assistance to our staff, pro bono attorneys and paralegals and other community partners. Additionally, regular trainings are held for law students, paralegals and other volunteers interested in volunteering at Uncontested Divorce Clinics where they are provided with the information, materials, and mentoring needed to assist clients. Our goal is to not only utilize volunteers, both attorney and non-attorney, to further meet the need of the clients we serve, but to also provide them with the training and support they need. Major Cases or Other Advocacy Projects Matter of Elizabeth B. vs. New York State Office of Children and Family Services We became aware of the following case through LawReach--our partnership with the Rural Law Center. After unsuccessfully attempting to locate a pro bono attorney in Ontario County, The Legal Project sent one of our staff attorneys with experience in child protection cases to meet with the client and provide representation in the initial hearing. We had an initial concern that this case could have broader implications, not only for this client, but also for victims of domestic violence across NYS who are facing similar challenges in dealing with child protection. Elizabeth B, the mother of three children, was attacked by her boyfriend on two occasions within a week. She proceeded to file criminal charges against her boyfriend, and this ignited a investigation by Child Protection Services in Ontario County, NY. During the course of the investigation CPS made it clear to Ms. B that she needed to comply with services they believed were in her best interest. Ms. B instead made the decision to seek out her own services and complied with the District Attorney in criminal charges against her boyfriend. CPS indicated Ms. B for neglect and abuse because she allowed the abuse to happen and for drinking wine 3-5 nights a week (1-3 glasses). CPS stated had she engaged in services there would not have been a finding of neglect. Ms. B appealed the determination in letter and hearing. After administrative hearing the Administrative Law Judge (ALJ) upheld the finding of neglect but overturned the finding of alcohol abuse as there was no evidence presented to that issue. The decision was a clear violation of the Nicholson decision in that Ms. B was indicated because she was a victim of domestic violence. In the decision the ALJ stated that Ms. B had a responsibility to not allow her boyfriend to abuse her, placing the blame on the victim (Ms. B.) for the abuse. The Legal Project filed an Article 78 that the decision to uphold indication where the sole allegation was Ms. B was neglectful due to being a victim of domestic violence was a violation of Nicholson. Brief was filed and after oral argument the Third Department agreed that the indication was a violation of Nicholson as it punished a victim of domestic violence. The decision has wide impact for our eligible population specifically victims of domestic violence. The decision was clear that where the sole indication involves domestic violence, it is not proper to indicate the victim. Pro Bono Volunteer Involvement Our pro bono programs are different from many, in that we provide ongoing case management, technical assistance, mentoring, and other services and The Legal Project has approximately 300 pro bono attorneys volunteering with our various pro bono programs. During this reporting period, we have had a full-time Pro Bono Scholar from Albany Law School who is working with our Homeowner Protection Project, assisting staff attorneys with foreclosure cases. We have also had an Immigration Fellow from Albany Law School who worked with Immigration Program staff on matters including naturalization, asylum, and other immigration matters. As previously mentioned The Legal Project and the Albany Law School continue to work together on the Katheryn D. Katz Fellowship Program. By preparing new Albany Law School graduates by The Legal Project to ultimately carry a caseload of Family Court and Matrimonial Cases, we not only assist more victims in desperate need of immediate safety and independence from their abusers, but also provide employment and indepth, real life training and supervision to newly admitted attorneys in working with clients, interviewing The Legal Project, Capital District Women s Bar Association - 5

6 Other Services, continued techniques, trial skills, legal research and coordination with other community services. In addition to the Fellowship Program, The Legal Project also has a longstanding collaboration with Albany Law School s Pro Bono Society. Law students are trained and supervised by a select group of experienced pro bono attorneys to volunteer at the Uncontested Divorce and Wills Clinics. The Legal Project uses non-attorney volunteers who include retired professors, students, state employees and other community members, to coordinate individual Legal Clinics and to assist with the Uncontested Divorce and Wills Clinics as well. During this reporting period we have trained approximately 20 new law student volunteers for the Uncontested Divorce Program. We also enjoy a long-standing partnership with local colleges, universities and high schools using student interns and volunteers to assist our support staff with a quid pro quo of providing students with hands-on experiences of working in a nonprofit organization and with individuals who need assistance. Pro Bono Statistics During , the following volunteers provided services in our program: Attorneys: 210 Volunteers 5,875 Hours Law Students: 6 Volunteers 770 Hours Other Volunteers: 15 Volunteers 600 Hours Total Cases Completed by Attorneys: 714 Cases Dollar Value of Attorney Services*: $1.47 million *estimated at $250 per hour The Legal Project, Capital District Women s Bar Association - 6