Legal Aid in Civil Matters is Important
Florida lawmakers are quickly moving through legislation to
provide legal aid for needy families dealing with civil
litigation.
When indigent citizens get in criminal trouble, public defenders
are made available by law. But civil issues involving family law,
domestic violence, immigration, financial or housing problems can
undermine a person's employment and destabilize a family in short
order.
So it is not just compassionate to ensure that legal services of
this type are available; it is also in the broader interest of
communities and society. And an exemption --- that the money
wouldn't be used to fight DUI charges --- is completely
appropriate.
Though some $10 million a year would probably fill the bill for
civil legal aid in Florida, just $500,000 is in the state's
strained budget at this time.
Prior to the welfare reform legislation, some federal resources
were available for civil legal aid --- that and the vast amount of
pro bono work by private attorneys. That's about $170 million a
year from Florida lawyers alone.
It had been hoped to use surplus federal funds earmarked for
transitional welfare programs as part of the welfare reform
movement, said Florida Bar President Terry Russell of Fort
Lauderdale. But those funds wound up set aside for other uses at
the same time as Florida faces a budget crisis.
Florida is one of just 11 states that provide no such funding
whatever, so it's to lawmakers' credit that HB 491/SB 512 have
unanimously passed out of every House and Senate committee to
date.
Naples Republicans Dudley Goodlette in the House and Burt
Saunders in the Senate, both attorneys, are being supported by our
area Reps. Bev Kilmer, Curtis Richardson and Will Kendrick and by
Sens. Al Lawson and Richard Mitchell.
The legislation is restricted at this point to, most likely,
pilot programs with the Department of Community Affairs contracting
with groups such as the Florida Bar Foundation to distribute the
money most effectively.
And much depends upon the availability of funds at the March 8
revenue estimating conference, which will give lawmakers the latest
figures on how much they can spend in the 2002-03 budget.
Where there is a will, there is a way, however, and lawmakers
have made the vital first step of declaring their determination to
extend to the indigent the availability of legal representation in
civil matters.