March 1999 Volune 12 No3 - Utah State Bar

6
Commissioner's Report
by Scott Daniels
The Access to Justice Foundation has requested that the Utah
State Bar contribute $300,000 over the course of two years as
seed money to help establish its activities. The Bar Commssion
wi be considering this request over the next two months, and
we need input from the members. In order to launch this dia-
logue, I am submitting the following summary of the issues. It is
greatly simplied, with the thought that an ounce of inaccuracy
often saves a pound of explanation.
mE ACCESS TO JUSTICE FOUNDATION
In 1996 the Federal Government made deep cuts in the budget
of the Legal Services Corporation. Legal Servces is the only
statewide provider of legal servces to the poor. Most of these
legal needs relate to securing food, shelter and clothing. In
response to the crisis created by this funding cut, the Bar Com-
mission petitioned the Supreme Court to create the Access to
Justice Task Force. The Task Force concluded that the various
agencies which provide legal servce to the poor have overlap-
ping and sometimes confcting stadards. In addition to the
various agencies, the Bar Pro Bono Project has a resource of
1100 attorneys who have indicated a willngness to undertake
legal work for the poor at no cost or at reduced cost.
The problem comes in matching the legal needs with the pro
bono lawyer and in admistering the cases. Someone has to
check to establish that the person is eligible for help. Someone
has to mainta lists of lawyers and their areas of competence
and assign the cases to lawyers who have the abilty to handle
them. Someone has to follow up and close the me when the
time comes. The lawyers should also be provided with forms
and training if necessar. Many times the lawyer does not have
specifc expertise in the area of the assigned case and someone
must be avaiable to assist and answer questions. Unfortunately,
this canot be done well by volunteers . This requires paid
employees with computers and other tools.
The Task Force recommended that a Central Intake Unit be
established which would serve Legal Servces, the Legal Aid
Society, The Disabilty Law Center and other agencies which
provide legal services to the poor, as well as the Pro Bono Pro-
ject. This costs money.
The Access to Justice Foundation has developed a long-range
fundig plan, which wil rely on the contributions of founda-
tions and individuals as well as appropriations from the State
Legislature. This year, The Access to Justice Foundation will be
presenting a bil, which would provide $200,000 to fud the
project. By the time you read this the Legislature wil have
adjourned, and we wil know whether the bil passed success-
fuy. At this moment, it appears doubtf that the Bil wil pass
this year. If the Bar makes its contribution, as requested, the
Access to Justice Foundation wil have a much better chance of
success in next year's legislative session. A contribution from
the Bar would also have a substantial effect in fundraising from
foundations. Many foundations want to see success, at least on a
smal scale before they are wig to make substatial grants.
We are caught in a diemma; without a substantial funding
contribution we have no results to show. A one-time contribu-
tion from the bar could provide this jump-start which would
make the Access to Justice Foundation viable. Stated plainly: We
have a historic opportunity to make a real impact on the prob-
lem of lack of legal servces to the poor. Without the Bar's initial.
contribution, it is likely that the Access to Justice Project wi
never get off the ground. With that contribution, it may succeed
and it may faiL. If it does succeed, it wil be unlke anything
currently avaiable in any state in the United States of America
and wil go a long way toward solving the problem of access to
legal services for the poor.
BAR FINANCES
The Bar currently has a surplus reserve of
about $500,000 (in addition to $300,000
in contingency and replacement reserves
which prudence would dictate should not
be spent). This reserve could provide the
money necessary to get this project going.
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