HARRISBURG - A Luzerne County lawmaker is winning support for her bill to boost funding for the Pennsylvania Legal Aid Network while a Senate committee takes a broader look at whether the poor have equal access to justice.
A bill sponsored by Rep. Tarah Toohil, R-116, Butler Twp., to increase the court fees earmarked to help fund legal services was approved by the House Judiciary Committee earlier this month. The Senate Judiciary Committee is holding a series of hearings on the availability of civil legal services for low-income Pennsylvanians.
The legislative actions in Pennsylvania come on the 50th anniversary of a landmark U.S. Supreme Court decision in Gideon v. Wainwright that establishes right of counsel for the indigent in serious criminal matters.
The issue is in the spotlight again because the number of low-income individuals seeking legal assistance is increasing while funding for the legal aid network has declined, a result of the bad economy and tight government budgets, said Sen. Stewart Greenleaf, R-12, Willow Hill, the Senate panel chairman.
Senior Judge Chester Harhut of Lackawanna County, president of the legal aid network's board, described the fiscal challenges at a Senate hearing.
"Historically, the network has provided representation to over 100,000 clients annually," he said. "However, due to cuts and funding freezes, some program offices have been closed, staffing of programs has been reduced and the number of cases handled has declined to about 85,000 during the current fiscal year."
The network provides legal assistance stemming from domestic violence, mortgage foreclosures, evictions, emergency custody cases and income loss, according to the State of the Commonwealth Court's 2013 report.
Funding to support the 14 legal aid offices comes from a state budget appropriation currently at $2.5 million, revenue from court fees, interest from trust accounts, a $25 assessment on annual attorney registration renewals and contributions from the United Way, attorneys and bar associations.
Even with these sources, funding hasn't kept pace with inflation and the state appropriation is down considerably in recent years, said Samuel Milkes, the legal aid network's executive director.
Ms. Toohil's bill would increase the fees placed on court filings by $1 to help support the legal aid network. Currently, the fees total $3. The fees generated $11 million in revenue in fiscal 2011-12. Even with the $3 fee, legal aid offices have to turn away half of those who qualify for services, said Ms. Toohil citing a state court report.
"As a consequence, thousands of citizens are denied critical legal help," she said.
Judge Harhut outlined the consequences for the justice system when a party in court lacks legal representation because they can't afford it and seek to represent themselves.
"In my experience, the court system itself does not work as well when parties in need of representation are not represented," he said. "And the resolution of disputes between parties is often less satisfactory. Even the outcome of the case may be wrong, because a self-represented party was unable to properly put on his or her case."
When legal aid is involved, the results are better for both the court and clients, Judge Harhut said.
"This does not mean that they win every case, but it does mean that the court system itself works well and that the parties in the case understand the process and results, and that they get a fair shake in the outcome, within the rules of court proceedings," he said.
Contact the writer: rswift@timesshamrock.com