Aborn Urges Mikulski to Lift Restrictions on Legal Service Providers
NEW YORK—Manhattan DA candidate Richard Aborn today urged US Senate subcommittee chair Barbara Mikulski (D-MD) to lift restrictions preventing legal services clients from participating in class action lawsuits and dictating how all monies legal services providers receive may be spent. Aborn’s action comes as the US House of Representatives failed to lift these onerous restrictions put in place by the Republican Congress in 1994 and recently condemned by President Obama.
The rules were implemented to take aim at Legal Services Corporation, a federally funded program that provides legal services to indigent people with civil problems.
“Equal representation under the law has broader ramifications beyond the courtroom and into the community where faith in the criminal justice system is often lacking,” Aborn said today. “Low-income individuals often experience only the justice they can afford. That’s not fair and fosters deep mistrust among the indigent.”
Aborn singled out two restrictions in particular, that: 1) prevent legal services clients from joining class action suits; and 2) extend restrictions on how to spend federal money to all the money legal services providers receive from other places (eg, state and local governments, private organizations, etc).
President Obama has called for these restrictions to be lifted along with a call for a substantial increase in money for legal services. While the House passed a bill increasing funds for legal services and eliminating another restriction the President wanted overturned, it has left these two other restrictions in place.
Now that the House has passed its bill, the Senate will take up the issue, beginning with the Commerce, Justice and Science (CJS) subcommittee led by Senator Barbara Mikulski of Maryland.
“It is simply critical that all New Yorkers and Americans be guaranteed equal representation under the law,” Aborn wrote in a letter to Mikulski. “Vital social justice organizations like the Legal Services Corporation work to ensure that there are not two standards of justice: one for the wealthy and well-connected, and one for those of very modest means.”
“By restricting the ability of legal services clients to participate in class action lawsuits, the US House is impeding a useful way to receive broad relief for issues affecting large numbers of indigent people,” Aborn continued. “In addition, limiting the way legal services providers can use non-federal money received from other sources hampers the ability to spend these funds in a way deemed most beneficial by the providers. I urge you and your committee to reconsider these restrictions left in place by the House of Representatives.”
The text of Aborn’s letter to Sen. Mikulski follows:
June 23, 2009
Richard M. Aborn
450 Lexington Avenue
New York, NY 10017
US Senator Barbara Mikulski
503 Hart Senate Office Building
Washington, D.C. 20510
Dear Senator Mikulski,
I am writing to respectfully request that your Commerce, Justice and Science (CJS) subcommittee consider lifting restrictions on legal services providers recently left in place by the U.S. House of Representatives.
As you may know, while the House overturned one restriction President Obama wanted eliminated, it has left in place two others. Specifically, these two restrictions would prevent legal services clients from joining class action suits, and extend restrictions on how to spend federal money to all the money legal services providers receive from other places (eg, state and local governments, private organizations, etc).
While the House heeded President Obama’s call to increase funds for legal services, it has left these two restrictions in place.
I’m sure you recall that these onerous restrictions were put in place by the Republican Congress in 1994 to take aim at Legal Services Corporation, a federally funded program that provides legal services to indigent people with civil problems.
It is simply critical that all New Yorkers and Americans be guaranteed equal representation under the law. Vital social justice organizations like the Legal Services Corporation work to ensure that there are not two standards of justice: one for the wealthy and well-connected, and one for those of very modest means.
By restricting the ability of legal services clients to participate in class action lawsuits, the U.S. House is impeding a useful way to receive broad relief for issues affecting large numbers of indigent people. In addition, limiting the way legal services providers can use non-federal money received from other sources hampers the ability to spend these funds in a way deemed most beneficial by the providers.
I urge you and your committee to reconsider these restrictions left in place by the House of Representatives. Thank you for your consideration.
With great respect,
Richard Aborn
Democratic Candidate
Manhattan District Attorney
