[Congressional Record Volume 155, Number 145 (Thursday, October 8, 2009)]
[Extensions of Remarks]
[Pages E2497-E2498]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        INTRODUCTION OF THE CIVIL ACCESS TO JUSTICE ACT OF 2009

                                 ______
                                 

                            HON. STEVE COHEN

                              of tennessee

                    in the house of representatives

                       Thursday, October 8, 2009

  Mr. COHEN. Madam Speaker, today I am pleased to join Representative 
Bobby Scott and Chairman John Conyers in introducing the Civil Access 
to Justice Act of 2009. This important legislation will expand civil 
legal services to low-income families and individuals.
  In 1974, Congress established the Legal Services Corporation 
(``LSC'') to operate as a private, non-profit corporation to promote 
equal access to justice under the law and to provide grants for high-
quality civil legal assistance to low-income persons. LSC distributes 
more than 95 percent of its total funding to 137 independent nonprofit 
legal aid programs to represent low-income individuals and families in 
every congressional district. Programs receiving LSC grants help the 
most vulnerable, such as families facing unlawful evictions or 
foreclosures, displaced persons attempting to obtain federal emergency 
assistance, and women seeking protection from abuse. In fact, many 
programs have been besieged recently with requests for foreclosure 
assistance because of the subprime mortgage crisis.
  The current economic downturn will likely lead to more families and 
individuals needing legal assistance. According to a recently released 
study commissioned by LSC's Board of Directors, Documenting the Justice 
Gap in America, many recipient programs of LSC funds must turn away 
half of all individuals who qualify and seek their assistance because 
of the lack of resources. Unfortunately, state, local, and private 
funding and pro bono support have been unable to help close the access 
to justice gap. The underfunding may result in a potential catastrophe 
for millions of low-income families and individuals throughout the 
country who need, but are unable to obtain, legal assistance in matters 
relating to their housing, employment, and access to health care. 
Currently, LSC is funded at $390,000,000, which is insufficient to 
provide legal representation to all of the impoverished in need of 
legal assistance. This legislation authorizes an increase in funding 
for LSC of $750,000,000, which represents an inflation-adjusted funding 
level from fiscal year 1981. This funding will help close the justice 
gap and provide civil legal assistance to all potential eligible 
clients.
  Additionally, the Civil Access to Justice Act eliminates certain 
restrictions that have significantly limited the ability of legal aid 
attorneys to represent all low-income families and individuals. First, 
the bill would remove many restrictions on the use of state, local, and 
private money by LSC-funded programs. Second, it would eliminate 
restrictions on the ability of LSC-funded attorneys to represent 
clients in class action cases. Also, the bill would provide

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programs the opportunity to seek court-ordered attorneys' fees, which 
they are currently prohibited from seeking.
  Finally, this legislation codifies recent recommendations from the 
Government Accountability Office to improve LSC governance and 
accountability. These recommendations should lead to better management 
and oversight of LSC-funded programs.
  I urge my colleagues to join me, Mr. Scott, Chairman Conyers, and 
others, and cosponsor this important and timely legislation. I am 
optimistic that Congress can send a bill to the President for his 
signature so that the doors of justice will always remain open to those 
in need.

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