What's New

March  2010--The Senate voted March 5 on the filing-fee surcharge bill, SB 248, and by an overwhelming majority (36 to 11) passed the bill as written. "Now it's time to ensure that the House Judiciary Commmittee votes HB 106 out of Committee without amendments," said Susan Erlichman, executive director of the Maryland Legal Services Corporation. "We expect a vote in the Judiciary Committee next week, and ask that you urge your representatives to follow the Senate's action and support this bill as written. The Senate has clearly demonstrated its support and commitment to the availability of civil legal services to low income Marylanders. Now it's time for the House Judiciary Committee and House of Delegates to do the same."

February 2010--The Maryland State Senate Judicial Proceedings Committee voted 8 to 3 to approve SB 248, a bill that would increase civil court filing fees to fund civil legal services, which have been reeling from a drop on interest rates for lawyers’ trust accounts (used to fund legal help for low-income people). Furthermore, the committee added no amendments to the bill.

“We expect the bill to be before the full Senate within the next few days–possibly tomorrow, but more likely early next week,” said Susan Erlichman, executive director of the Maryland Legal Services Corporation, which funds 35 programs around the state (including Maryland Legal Aid, the largest). “We’re off to a strong start, and need to keep up the momentum as we move through the session. We still have quite a way to go.”

Interest on Lawyers’ Trust Accounts has decreased by 70 percent over the last 18 months, while the demand for legal services has soared during the economic crisis, she added. Interest rates are expected to remain low. The the proposed filing fee increases would still keep Maryland’s fees below those of surrounding states.

Current filing fee surcharges generate about $7.5 million for Maryland’s legal services programs. “With the proposed increases, that would go up to about $9.1 million–an amount that would avert further cuts to the programs, which averaged about 20 percent for the current fiscal year– restore lost funding, and preserve and stabilize the delivery system for the poor in every jurisdiction in Maryland,” Erlichman said.

February 2010--Legal services advocates came out in force for two hearings in front of the House and Senate judiciary committees supporting for HB 106/SB 248, bills proposing to raise court filing surcharge fees to fill the funding gap created by severe shortfalls in IOLTA revenues (a major funding source for Legal Aid and other legal services programs around the state).

“The judiciary supports this bill,” Court of Appeals Chief Judge Robert M. Bell told the committees. “Right now we’re not meeting the demands of poor litigants who can’t afford a lawyer. Only about 25 percent of them have access to a lawyer, in spite of increased efforts to get lawyers to support access to justice through pro bono and contributions. Lawyers have been doing their part. We’re here to urge you to provide stable resources to legal services.”

District Court Chief Judge Ben Clyburn, vice chair of the Access to Justice Commission (created by Chief Judge Bell), told the committees that the commission “strongly” supports the bill to fill the funding gap.

Legal Aid executive director Wilhelm Joseph said that Maryland has 1.5 million residents who fall below the official poverty line. “Many are the new poor who are ashamed, confused and embarrassed—and totally unprepared—to deal with civil legal issues,” Joseph said. “We are a charitable organization—in this country, civil access to justice is dispersed by charity—so we must solicit and beg for funding to serve our constituents in every jurisdiction that you represent. We’re asking that you help the Maryland Legal Services Corporation to help us help your constituents.”

Andrew Jay Graham, a principal in the Baltimore law firm Kramon & Graham and a leader of the Equal Justice Council (Legal Aid’s private bar fundraising arm), told the House committee that poor people need lawyers, but are unable to pay for them. “So they get their problems resolved other ways that aren’t good for society,” he said. “In 2009, Maryland lawyers contributed more money to Legal Aid than in any previous year. Legal Aid is a tremendous law firm and everyone on its staff is extremely dedicated and underpaid, handling between 50,000 and 60,000 cases a year. We urge you to pass this bill.”

Maryland State Bar Association president-elect Tom Murphy told the House committee that the 24,000-lawyer organization supports the bill. “The time and donations to legal services made by our members are tremendous,” he said. “But legal services needs a stable funding source. This bill is the only rational answer to the problem.”

Also testifying in favor of the bill at the hearing was Legal Aid supervising attorney Harbour Partesotti, who gave a front-line perspective of what civil legal services means to elderly clients helped by the Long Term Care Assistance Project (she told the committee about a sick, elderly client who was threatened with eviction from her nursing home until Legal Aid intervened). Also testifying were MLSC executive director Susan Erlichman, Baltimore Circuit Court Judge (and MLSC board member) Pam White, Howard County Circuit Court Judge Diane Leasure, and Access to Justice Commission executive director Pam Ortiz.

January 2010--The Midwestern Maryland office in Frederick received a$7,525 grant that will allow Legal Aid to help low-income Frederick County residents with bankruptcy problems by creating a pro se bankruptcy clinic. "With the grant, Legal Aid will hire a part-time paralegal [who] will conduct bankruptcy intakes, schedule classes, and send bankruptcy worksheets to participants," said the lead article in this month's Bar Association of Frederick County Newsletter, "Legal Aid Bureau, Inc. Receives First Justice for All Fund Grant." The bar association's Justice for All grant is managed by the Community Foundation of Frederick County.

December 2009--Midwestern Maryland senior paralegal Carol Ahlum was presented with the 2009 William L. Marbury Outstanding Advocate Award at a ceremony in Baltimore December 7. The award is presented annually by the Maryland Legal Services Corp. to a non-attorney for outstanding service to low-income Marylanders. Ahlum has worked for Legal Aid for 18 years, representing clients in public benefits proceedings.In the photo (left to right): MLSC board member Teri Heger, Chief Judge Robert M. Bell, Ahlum, and MLSC board chair F. Vernon Boozer.

October 2009--Shawn Boehringer joined Legal Aid as chief counsel earlier this month. Shawn comes from Legal Aid Service of Broward County (Florida), where he has served as director of advocacy for the last three years. "Shawn has established an outstanding track record in the public interest legal community," said Legal Aid executive director Wilhelm Joseph. "He is known for his high-quality lawyering, zealous advocacy, stalwart leadership, and effective human relations skills. Legal Aid's clients can be assured that Shawn will be an integral member of the team and will take our practice to the next level.."

Shawn earned his J.D. at the State University of New York at Buffalo and graduated from Gettysburg College cum laude with a Bachelor of Arts degree. Before taking the helm at the Legal Aid Service of Broward County in 2007, he served there as both a supervising attorney (for the consumer unit and HIV/AIDS Law Project) and as an attorney in the firm's Senior Citizen Law Project. In those positions he has played leading roles in different regional and statewide training and litigation initiatives in Florida. Shawn is a former Skadden Fellow, where he represented indigent clients in a rural, five-county region for the Appalachian Research and Defense Fund of Kentucky.

August 2009--A bank accused of overcharging its customers turned into a $106,000 windfall for Maryland Legal Aid yesterday as executive director Wilhelm H. Joseph Jr. (second from left) accepts the cy pres award. The money is left over from a $16 million national class-action settlement fund against Chevy Chase Bank that alleged it overcharged fees to its banking customers in the 1990s. Presenting the award is Thomas J. Minton (left) and Kathryn Miller Goldman (second from right) of Goldman & Minton in Baltimore; and Claire Prestel of Public Justice in Washington. Goldman & Minton, Public Justice and Baltimore attorney John T. Ward represented the plaintiffs in the case, which started in 1999.

“This award couldn’t come at a better time,” Joseph said. “Legal Aid’s funding was cut almost $1 million by the Maryland Legal Services Corp. and this is a significant start to closing the gap.” Joseph added that a portion of the award will fund a one-day, statewide Legal Aid staff conference in the fall on efficient and effective strategies for meeting the needs of low-income Marylanders using a human rights framework.

June 2009--This year's Caribbean Cocktail brought together 180 summer associates, judges, and some of Baltimore's top lawyers for an evening of fun at Little Havana in Baltimore. In the photo, left to right: Deputy Director Gusty Taler; board members Carlos Braxton, Erek Barron, Dan Shealer and Jessica duHoffman; Talbot County Circuit Court Judge Broughton M. Earnest (a former board member); and Executive Director Wilhelm Joseph. Photo: Eric Stocklin.

May 2009--U.S. District Court Judge (and nominee to the Fourth U.S. Circuit Court of Appeals) Andre M. Davis was the guest speaker at the 12th annual Equal Justice Council Awards and Recognition Breakfast at Camden Yards. “Not all lawyers appreciate their obligation to be available for pro bono service,” Davis told 190 lawyers, judges, political leaders and other legal professionals. “Process matters. And fundamental fairness of the legal system is something we can be proud of in the justice system. I salute what you’re doing and those who support Maryland Legal Aid.” This year’s awardees: Andrew D. Freeman, Stanford G. Gann Jr., and Sayra Wells Meyerhoff (Champions of Justice Award); Mark A. Stanley (Young Lawyers Division Leadership Award); Miles & Stockbridge and Rosenberg Martin Greenberg (Pacesetter Award); DLA Piper US and Venable LLP (Trailblazer Award); and G. Daniel Shealer Jr. (Executive Director’s Award). The Equal Justice Council is the private-bar fundraising arm of Maryland Legal Aid.