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Each week, the Brennan Center for Justice at NYU School of Law publishes the Legal Services E-lert, reaching a wide audience with the most important articles on civil legal aid and access to justice for low-income people.
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THIS WEEK'S HEADLINES

1.     More than $7.2 Million in Food Stamps to Be Restored to Participants in NYC Parks Department Jobs Program Whose Benefits Were Unlawfully Denied From 2003 to 2006  

2.     Farmworker and Environmental Advocacy Organizations Sue Environmental Protection Agency to Halt Use of Four Toxic Pesticides  

3.     Ohio Adds Free Legal Aid to Foreclosure Assistance Program; 1,100 Private Attorneys Sign Up to Help   

4.     LSC President and Board Chair Testify in Congress, Making Case for Increased Funding    

5.     As Case Loads Rise and Funding Flattens, Legal Aid of West Virginia Faces Difficulty Taking on New Clients

THIS WEEK'S STORIES

FEATURE STORY

1.     More than $7.2 Million in Food Stamps to Be Restored to Participants in NYC Parks Department Jobs Program Whose Benefits Were Unlawfully Denied From 2003 to 2006
Press Release, New York Legal Assistance Group, April 8, 2008

In a press release, the New York Legal Assistance Group states:  "In a groundbreaking victory for working families, the United States District Court of the Southern District of New York today [April 8, 2008] ordered the State of New York and the City of New York to restore more than $7.2 million in food stamps to nearly 6,000 low-income families living in New York City.  Under the terms of a settlement approved and ordered by United States District Judge William H. Pauley, federally-funded transitional food stamp benefits (TBA) . . . will be restored to thousands of families who participated in the Parks Department jobs program from March 2003 until October 2006.  Elena Goldstein, an attorney for the plaintiffs from the New York Legal Assistance Group (NYLAG) applauded the Court's ruling and said, 'While it is unfortunate that the City and State delayed paying these families their rightful food stamp benefits for many years, this is an enormous victory for working families in New York who struggle to provide food for their families and make ends meet.'"

LEGAL SERVICES ACTIVITIES AND ACHIEVEMENTS

*Employment*

2.     Farmworker and Environmental Advocacy Organizations Sue Environmental Protection Agency to Halt Use of Four Toxic Pesticides
Environment News Service, April 9, 2008

Environment News Service reports:  "A coalition of farmworker advocates and environmental groups filed a lawsuit against the U.S. Environmental Protection Agency Friday [April 4, 2008], seeking to force a halt to the use of four organophosphate pesticides . . . .  The four organophosphates at issue in the case . . . are used primarily in California on a wide variety of fruit, vegetable, and nut crops.  'These four pesticides put thousands of farmworkers and their families at risk of serious illness every year,' said Patti Goldman, an attorney for Earthjustice, the environmental law firm that represents the coalition in the case, filed in U.S. District Court in San Francisco . . . .  The lawsuit alleges that the four pesticides were registered and are used in violation of the Federal Insecticide, Fungicide, and Rodenticide Act and the Endangered Species Act . . . .  [LSC-funded] California Rural Legal Assistance is also participating in the case on behalf of Moises Lopez, an individual farmworker in California."

*Housing*

3.     Ohio Adds Free Legal Aid to Foreclosure Assistance Program; 1,100 Private Attorneys Sign Up to Help
Business First of Columbus, April 1, 2008

Business First of Columbus reports:  "State officials have added more muscle to an effort aimed at curbing Ohio's foreclosure crisis:  free legal aid for troubled homeowners.  Gov. Ted Strickland, Ohio Supreme Court Chief Justice Thomas J. Moyer and several other state officials gathered Tuesday [April 1, 2008] to announce it has added the legal component to its Save the Dream initiative, an effort created last month that helps homeowners connect with counselors and nearby assistance.  The new Save the Dream component helps those who need foreclosure assistance but can't afford a lawyer . . . .  State officials last month sent letters to more than 34,000 registered Ohio attorneys requesting they help provide free legal aid.  As of Tuesday [April 8, 2008], more than 1,100 attorneys have registered.  About 350 of those attorneys have received foreclosure training from the Ohio State Bar Association, while more training sessions are scheduled, officials said."

LEGAL SERVICES STRUCTURE

*Beltway Bulletin*

4.     LSC President and Board Chair Testify in Congress, Making Case for Increased Funding
LSC, LSC Updates, April 4, 2008

As LSC Updates reports:  "On April 2, [2008,] leaders from the Legal Services Corporation testified before a House panel on the critical need for increased funding to provide crucial legal assistance to the millions of low-income Americans forced to confront serious civil legal problems without the help of an attorney.  LSC Board Chairman Frank B. Strickland and President Helaine M. Barnett appeared before the House Appropriations Subcommittee on Commerce, Justice, Science and Related Agencies to present the case for LSC's FY 2009 budget request for $471 million, an increase of $121 million over current funding levels . . . .  'The LSC Board and I urge you to restore adequate funding for the provision of civil legal aid to the most vulnerable among us,' said Barnett.  'In this effort, the federal government must lead the way consistent with its role in fulfilling the promise of our Constitution, the promise inscribed on the Supreme Court Building: equal justice under law.'"

Throughout the hearing, Chairman Alan Mollohan (D-WV) and Ranking Member Rodney Frelinghuysen (R-NJ) questioned Strickland and Barnett about LSC's monitoring and oversight mechanisms as well and internal management and Board governance structures.  Additionally, Representative Chaka Fattah (D-PA) asked what role the restriction on LSC-funded organizations bringing class action lawsuits has played in the midst of the national foreclosure crisis.

*Funding*

5.     As Case Loads Rise and Funding Flattens, Legal Aid of West Virginia Faces Difficulty Taking on New Clients
Mona Ridder, Cumberland Times-News (West Virginia), April 7, 2008

The justice gap in the United States means that many eligible low-income people are unable to secure desperately needed civil legal representation.  As the Cumberland Times-News reports:  "There is a good chance that people who are looking for assistance from [LSC-funded] Legal Aid of West Virginia will either not be able to reach the agency by telephone or if they do, they will be told the agency cannot serve them . . . .  [Adrienne Worthy, executive director of LAWV] said that since 1980, funding cuts at federal and state levels have reduced the number of attorneys Legal Aid has from more than 80 to 44 that serve the entire state.  She said federal funding has declined significantly, but the agency also receives state funding, conducts fundraising activities and receives funding from other agencies . . . .  Worthy said that while funding appears to have stabilized in the last couple of years, the case load continues to grow."

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The Legal Services E-lert is produced by David Pedulla and edited by Laura Abel and David Udell.  Because the E-lert collects stories reported by others, the views presented are not necessarily those of the Brennan Center.

The majority of the text presented in the E-lert is drawn verbatim from original news sources.  The bolded headlines are produced by the Brennan Center.  Whenever possible, we provide a link to the full text of the original article.

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