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Legislative Initiative In
2005 JAG initiated legislation to offset cuts, maintain current services and
enhance access to justice by providing funding for legal aid for low income and
needy elderly Maine people through a direct appropriation and an increase in the
amount of surcharges on court fees and civil fines paid into the Civil Legal
Services Fund.
On June 9, 2005, Governor Baldacci signed into law LD 715 - An Act to
Provide Support for Legal Services for Low-Income Mainers.
The purpose of this bill is to enhance access to justice for low-income
and needy people and needy elderly Maine people through an increase in the
amount of surcharges on civil fines paid into the Civil Legal Services Fund.
Currently funded programs include: the Maine Volunteers Lawyers Project,
Legal Services for the Elderly, Cumberland Legal Aid Clinic, Pine Tree Legal
Assistance, and the Maine Equal Justice Partners. The need for more
funds for legal aid in Maine has been well documented since The Maine Commission
on Legal Needs issued its report in 1990 calling for substantially more funding.
Since that time, however, even the limited amount of support that existed
has been reduced. The federal
government has made cuts and continues to limit funding.
Recognizing the level of need, Maine’s legal community, through its
donation of pro bono services and its generous financial contributions to the
Campaign for Justice, has come forward and continues to do its part in
addressing this need, placing Maine amongst the leaders in the country in terms
of dollars and pro bono hours contributed.
These efforts, unfortunately, are not enough to meet the need that
exists, so through LD 715 the state was approached for additional funding.
The initiative to
seek additional revenues for the Civil Legal Services Fund received widespread
support from the legal community including:
the Maine State Bar Association, Maine Bar Foundation, Maine Trial
Lawyers, a number of county bar associations, and Chief Justice Saufley.
Additionally, the bill provided an excellent example of a bi-partisan
effort. The prime sponsor of the
bill was Assistant House Republican Leader Joshua Tardy and the legislation
received early public support from Senate President Beth Edmonds and Speaker of
the House John Richardson. Ultimately,
with the leadership and guidance of Judiciary Committee Chairs, Senator Barry
Hobbins of York County and Representative Deborah Pelletier-Simpson of Auburn,
the proposed legislation received a unanimous report of Ought to Pass as Amended
from the Judiciary Committee. A fiscal note on the
bill projects that an additional $298,994 will be raised for the Civil Legal
Services Fund from the increased surcharge in 2005-06.
In 2006-07, with a full year of fine collection, that amount will be
increased to $551,988. In addition to
raising more money for the Civil Legal Services Fund, the legislation that
passed also made some changes in the types of organizations eligible to apply
for funds. The funds “must be
disbursed to legal services providers to support the provision of free legal
services to low-income or needy people or the needy elderly in the State.”
Furthermore the section provides that: “Nonprofit
organizations whose missions include the provision of free legal services and
who have at least one year of experience providing free civil legal services,”
among others, are eligible to apply for funds.
(Public Law Chapter 361, Section 1. 4 MRSA §18-A)
For a full version of the legislation, go to the link below for Chapter
361. Chapter 361
– An Act to Provide Support for
Legal Services for Low-income Mainers – Signed into law by Governor
Baldacci on June 9, 2005 Maine
Civil Legal Services Fund Commission - For more information on the Maine
Civil Legal Services Fund. Need
for Support for Legal Services - Provides background information about
the need for legal services in Maine, the number of people needing services, and
information about the level of services provided.
Fundamentals
For Effective Lobbying - Tips on how to email, phone or
write to a legislator. How
to Contact Your Legislator: Dial
1-800-423-2900 to leave a message for your representative and call
1-800-423-6900 to leave a message for your senator. If you need to find out who
your legislators are, go to: http://janus.state.me.us/house/townlist.htm
to locate your representative and http://www.state.me.us/legis/senate/
to locate
you state senator or call JAG at 799-5355. If
you are interested in learning more about any legislation before the Maine
Legislature, or to access Maine statutes, visit the Maine Legislature's Web
site: http://janus.state.me.us/legis/.
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