What's New

July 2010--Maryland Legal Aid released a new booklet, Know Your Rights to Fair Play, loaded with legal information to help workers. Topics include workers’ compensation, wage deductions, retaliation, definitions of employee and independent contractor, minimum wage, overtime, and more. The booklet, downloadable as a PDF file, is available in English and Spanish.

May 2010--Tony West, assistant attorney general of the civil division in the U.S. Dept. of Justice (above left, with Maryland Legal Aid executive director Wilhelm Joseph), spoke at the 13th Annual Equal Justice Council Awards & Recognition Breakfast at Camden Yards May 20. “I’m especially glad to join you in honoring the important work of the Maryland Legal Aid Bureau and Equal Justice Council this morning,” West told 175 judges, lawyers, law professors, political leaders and other legal professionals. “You provide this community with needed legal services, you secure access to justice by facilitating access to our courts, you provide hope to many who have lost it. In short, you make real the promise Adlai Stevenson spoke of when he observed that ‘the essence of democracy is the dignity of [the individual].’”

West also spoke about the "courage to care."

"It’s the courage of Odella Oliver, a senior paralegal here at the Bureau, whose persistence in demonstrating that the Social Security Administration had been wrong in terminating a client’s benefits ensured that a 10-year-old child suffering from severe mental disability would continue to receive her childhood SSI disability benefits," West said. "Or staff attorney Melissa Kilmer who helped protect an elderly client from falling victim to a simple mortgage fraud scheme that could have resulted in foreclosure of the woman’s home. Or any of the award recipients we honor this morning whose examples are inviting all of us to be our best selves." To read West's remarks, click here.

Others on hand at the annual event included Court of Appeals Chief Judge Robert M. Bell, Baltimore City Circuit Court judges Pamela J. White (the event’s emcee) and Robert B. Kershaw, Rep. John P. Sarbanes (D-Md.), and Maryland Attorney General Douglas F. Gansler. This year’s award recipients: F. Paul Bland, Michelle J. Dickenson, Neil E. Duke, and Goldman & Minton P.C. (Champion of Justice awards); Erek Barron (Equal Justice Associates’ Leadership Award); Quinn, Gordon & Wolf (Pacesetter Award); DLA Piper US LLP and Venable LLP (Trailblazer awards); and George W. McManus Jr. (Executive Director’s Award).

The Equal Justice Council, co-chaired by Andrew Jay Graham and Benjamin Rosenberg, is the private-bar fundraising arm of Maryland Legal Aid.

May 2010--A group of consumer advocacy programs shared a $2.4 million court award from leftover funds from a consumer class-action lawsuit–with Maryland Legal Aid taking the lion’s share, the Washington Post reported on May 5.
“Thirteen legal programs in Maryland that help clients facing evictions, wage disputes and other civil cases will share the money, helping buoy programs battered by ongoing public funding cuts and drops in foundation donations,” the article said.
“Maryland Legal Aid in Baltimore received the largest amount — $911,000 — which its head, Wilhelm Joseph Jr., said will plug a funding hole linked to the current low interest rates on accounts that historically generate payments for legal aid programs. As rates dropped, so did the interest income on which Wilhelm’s groups and others heavily rely. ‘The great pain for me was watching our money decline just as more people needed our services,’ said [Joseph].” In the photo (left to right): Tony DeSantis (Civil Justice), Joseph, University of Maryland School of Law Dean Phoebe Haddon, and plaintiff's attorneys Paul Gleiberman, John Beins and Seth Goldberg.

"This finally relieves a great deal of pressure," Joseph said later about the cy pres award. "Maryland Legal Services Corporation, our major grantor, awarded $8,916,600 to Legal Aid in FY 2009. For the 2010 FY that amount has been reduced to $7,549,585--a cut of $1,367,015. Along the way, Legal Aid, instead of cutting back, actually increased services, primarily as a result of an uptick in productivity. The cy pres awards have come in time to plug the deficit hole. Now, Baltimore City and other local jurisdictions have begun to pass on their budget cuts to Legal Aid and other social services providers. The additional filing fee revenue will be a significant help going forward, but it's obvious that substantial private contributions (from lawyers, firms and foundations) will be needed to meet the increased demand for assistance from the expanding ranks of economically disadvantaged individuals and families."

The groups sharing the unclaimed leftover funds are Maryland Legal Aid ($911,000), the University of Maryland School of Law law clinics ($395,000), the Catholic University of America law clinics ($222,000), the Public Justice Center ($202,000), the Maryland Consumer Rights Coalition ($152,000), Civil Justice ($133,000), Habitat for Humanity Montgomery Co. ($126,000), Maryland PIRG Foundation ($71,000), Public Justice Foundation ($66,000), Community Legal Services of Prince George’s Co. ($62,000), Georgetown University Law Center law clinics ($46,000), Montgomery Co. Bar Foundation ($15,000) and the Mental Health Assoc. of Montgomery Co. ($10,000).

April 2010--A compromise was reached on SB 248 and HB 106 during the waning hours of the last day of the legislative session–and by a significant majority in both the Senate and the House, the legislature approved a bill to increase the surcharge on civil court filing fees to address the funding crisis caused by historically low interest rates on IOLTA. Projections indicate that the bill as adopted, which contains a three-year sunset provision, would generate approximately $6.1 million annually to address the shortfall in IOLTA revenue and help fund civil legal aid to low-income Marylanders. “Although short of our original goal, this is a tremendous success by any measure,” said Maryland Legal Services Corp. executive director Susan Erlichman. “This was a tough session and a hard-fought victory.” Added Maryland Legal Aid executive director Wilhelm Joseph: “Justice-loving members of the bar, bench and the public joined with like-minded legislators in a remarkable full-court press to prevent any diminution in resources to the growing ranks of those in need of civil legal assistance.” Maryland Legal Aid receives more than half of the funding distributed by MLSC.

April 2010--Planning for Incapacity/A Self-Help Guide, a new publication to help Marylanders navigate the intricacies of advance directives, is hot off the press. The 36-page booklet targeted to seniors brings together a wealth of information, including the attorney general’s forms, how to get forms in six foreign languages, information on alternative forms for free (such as the popular “Five Wishes” advance directive form published by Aging with Dignity), how to get forms for other states, how to get advance directives for mental health treatment, a glossary of terms, a forms checklist and wallet card, and more. “It’s a valuable tool to outline the considerations and practicalities that people need to weigh in planning for their own incapacity and death,” said Maryland Legal Aid Senior Helpline chief attorney Pete Stokes. The booklet was produced as part of the Helpline’s Administration on Aging grant, in partnership with the Maryland Department of Aging and AARP. Click here to download a PDF version of the booklet.

March  2010--The Maryland House of Delegates passed HB 106 on March 18 by a vote of 93 to 45. The bill would increase civil court filing fees to fund legal service programs . To become law, it will go to a conference committee to be reconciled with SB 248, the Senate version that was passed earlier this month.

March  2010--The Washington Post urged the Maryland General Assembly to pass a court filing-fee surcharge increase to fund civil legal services, including Maryland Legal Aid. "These relatively small increases could bring in as much as $9 million per year for legal aid and could make a world of difference to struggling families throughout the state," the editorial said. To read it, click here. The House Judiciary Committee passed its version of the filing-fee surcharge bill. A full House vote is expected soon. The Senate voted overwhelming to support its bill earlier this month.

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.