The January Issue

In this month’s A2J Dispatch, we provide an overview of the important work of the Access to Counsel in Evictions Task Force, which involved Commissioners in key roles, including Chair of the Task Force and its committees. We also discuss the Commission’s key legislative priorities, including funding for the Access to Counsel Program and an Eviction Database and other important Commission updates, including the upcoming release of its Civil Justice Story Map, version 2.0. We also start a new section where we spotlight the legislative priorities of our civil legal aid community. January is also Human Trafficking Awareness Month and it gives us the opportunity to shed light on how the civil legal aid community helps those facing human trafficking.

A2J Commission News

A2J Commissioner Vicki Schultz was the appointed chair of the 15-member Task Force which put forth eight key recommendations ranging from outreach and education to implementation and funding. 

The Task Force’s key recommendations are highlighted below: 

    • Develop an outreach strategy that centralizes access, disperses resources and services, and considers technological and other barriers to getting information. 
    • Establish a centralized repository for pre-filing notices related to eviction cases and administrative proceedings that protects individual privacy and confidentiality, but also allows such notices to be used to gather data, analyze trends, and facilitate outreach.  
    • Create a coordinated intake system that simplifies the process for tenants seeking legal assistance in eviction cases. 
    • Adopt uniform court rules and procedures for rent court dockets to ensure that eligible tenants have the opportunity to meaningfully and consistently exercise their right to access counsel. 
    • Provide adequate staff, including attorneys and paralegals who are ready and competent to provide services. 
    • Conduct a comprehensive evaluation of the program to assess the effectiveness of outreach and referrals, the impact of legal services on evictions and disruptive displacements, and the appropriate levels of funding and staffing.  
    • Create a centralized eviction data hub to collect, display, and analyze eviction-related data from key stakeholders, while protecting individual privacy. 
    • Provide sufficient funding for the Access to Counsel in Evictions Special Fund to fully implement the program throughout the state as required by the statute.

 

  • “It’s time to fund the access to counsel in eviction law,” says A2JC Executive Director Reena Shah. 

In an article that was published in the Daily Record earlier this month Shah noted that, among other things, “A2JC has been active in requesting that Governor Hogan fund the Program with a small portion of the billions in federal dollars coming into the State for COVID relief. Now, we ask the General Assembly to act. . . [and] allocate $12 million in funding for fiscal year 2023 for this law to have its intended effect.” For more on this article visit: https://thedailyrecord.com/2022/01/12/its-time-to-fund-the-access-to-counsel 

  • A2J Commissioner, Attorney General Brian E. Frosh and A2J Commissioner and Access to Counsel in Evictions Task Force Chair, Vicki Schultz Give Briefing to Maryland House Judiciary Committee. 

In her remarks to the Committee, Schultz highlighted how “numerous studies have shown that tenants who have counsel fare better than those who do not.” As an example, Schultz pointed out that “in New York City, the first jurisdiction in the country to implement a right to counsel in evictions program, the rate of tenants represented by counsel went from 1% from when the program began to more than 71% in the fourth quarter of 2021. . . . [D]uring the last fiscal year 84% of households represented . . . by lawyers provided through the [NYC] program were able to remain in their homes, preserving their tenancies, promoting the preservation of affordable housing and neighborhood stability. Eviction filings in New York City also dropped precipitously since the implementation of the program.”      

For a recording of the briefing visit: https://www.youtube.com/watch?v=RbeX01InIlU  

A2JC’s 2022 Legislative Preview

Key Priorities

  • Access to Counsel in Evictions Funding – A2JC has been advocating with Governor Hogan since the passage of HB 18 to fund access to counsel in evictions. We will also be advocating for funding for the Program during the legislative session. We seek $12 million in funding for FY23. There are expected to be several bills that affect funding for the Access to Counsel Program, including SB223/ HB298, which were introduced by Senate President Ferguson and House Speaker Jones and will raise the filing in evictions cases to bring it in line with the national average, having the effect of lowering the number of eviction filings and raising funds for the Program. 

 

  • Eviction Data – Maryland does not have an eviction database; thus, it does not have basic data to guide policy decisions about eviction prevention. The lack of eviction data is a barrier to civil justice for all. A2JC will be partnering with the Community Development Network of Maryland to push for the creation of an eviction database that will give zipcode and county specific information on evictions that occur in Maryland. The bill is still in drafting and will be released shortly.

The A2JC will also support the following bills:

  • Access to Counsel in Immigration Proceedings, HB114/ SB129, which will establish the Access to Counsel in Immigration Proceedings Program, to provide access to legal representation for Maryland residents who are subject to removal from the United States; and establishing the Access to Counsel in Immigration Proceedings Special Fund to provide funding to implement access to legal representation in immigration proceedings.

Civil Legal Aid Legislative Spotlight

Maryland Access to Justice Commission is working to increase exposure to the civil legal aid community both within the MSBA and beyond. This is part of a larger A2JC communications project, called Maryland Voices for Justice, which focuses on increasing awareness and social/ traditional media coverage of civil justice issues and aims to shed light on the many areas of advocacy the civil legal aid community is involved in, including through legislative advocacy and initiatives. 

Below is a brief snapshot of some of the areas of focus that key organizations in Maryland’s civil legal aid community work on as a part of their legislative priorities and advocacy initiatives.    

  • Women’s Law Center of Maryland. Every legislative session, the Women’s Law Center of Maryland (WLC) participates in a wide range of legislative advocacy, through coalitions and alliances, in partnership with sister-organizations and legislators, and by taking the lead on issues that have a disproportionate impact on women in Maryland. The WLC’s legislative portfolio is focused on passing laws that ensure the physical safety, economic security, and bodily autonomy of women in Maryland. Accordingly, WLC bills are generally broken down into six categories: Economic Security and Employment Law;  Family Law; Domestic Violence and Sexual Assault; Reproductive Rights; Civil Rights and Access to Justice; and Other. Notably, WLC had a number of wins in 2021, including an expansion of the statute of limitations for victims of employment discrimination and a prohibition on sexual activity by police officers with victims and witnesses

Although the push for Paid Family Leave and the Prohibition on Spousal Defense of Rape failed in the 2021 Legislative session, along with a bill that would have removed barriers for victims of sexual harassment in the workplace, each of those bills are returning during the 2022 General Assembly and will be priorities for the WLC.

** To have your organization’s legislative advocacy initiatives highlighted in the A2J Dispatch please email reena@msba.org. 

A2J Stories

In an effort to increase awareness of the powerful, essential role civil legal services play in our community, the A2J Dispatch features an A2J Stories segment, highlighting the stories and work of one of Maryland’s civil legal services organizations. With each story we aim to dig deeper into the issues faced by Marylanders and how civil legal aid makes a positive difference.

This month’s stories come from the Maryland Legal Services Corporation’s (MLSC) Annual Report, which presents impactful stories from its civil legal aid grantees. MLSC’s mission is to ensure low-income Marylanders have access to stable, efficient and effective civil legal assistance through the distribution of funds to nonprofit legal service organizations. Here are two examples of how civil legal aid organizations helped Marylanders over the past year.

  • Ms. is a 56-year-old Montgomery County resident who relies on Social Security Disability income. Profound medical, personal, and family issues led to years of intermittent non-filing of taxes, and Ms. T owed the state of Maryland over $25,000 and the IRS close to $8,000. Unable to sustain her payment plan, Ms. T reached out for help, and a Maryland Volunteer Lawyers Service volunteer stepped up to help her by submitting an offer-in-compromise to both the state and the IRS. Maryland accepted her offer of $1,000 and the IRS accepted her offer of $500. Thanks to the volunteer lawyer, Ms. T’s total debt of $33,500 was settled for only $1,500! She can now breathe much easier.

 

  • Kevin, a St. Mary’s County resident in his 60s, was diagnosed with late-stage cancer and wanted to get his affairs in order. He was referred to the University of Maryland Carey School of Law Medical-Legal Partnership Clinic for help with an advance directive, financial power of attorney, and will. Because of COVID concerns and distance, clinic students met with Kevin by phone and Zoom, and helped him execute the documents remotely, taking advantage of Governor Hogan’s COVID-related remote witnessing emergency orders. When Kevin died several months later, he had documents in place to ensure his wishes were followed. The clinic also helped Kevin’s widow to obtain monthly Social Security survivors benefits and Medicare coverage. 

For additional information on MLSC and its important work in Maryland’s civil legal aid community visit: https://www.mlsc.org/wp-content/uploads/MLSC-FY21-Annual-Report.pdf 

** To have your organization’s story highlighted in the Stories segment of the A2J Dispatch please email reena@msba.org. 

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National A2J News