National Campaign to Fix the Legal Services Restriction

A Broad, Strong Coalition Working to Improve Legal Aid

Leaders throughout the country, on the left and on the right, are supporting both a federal lawsuit and a national public education campaign to help low-income individuals and families obtain urgently needed legal assistance. Studies consistently show that only one-in-five low-income people in America are able to obtain legal assistance when they need it. The Legal Services Corporation's so-called "private money restriction" needlessly ties up precious funds intended to bring legal assistance to the most vulnerable members of our society.

The private money restriction hurts low-income families and undermines our nation’s promise of “Equal Justice Under Law.” A broad, strong coalition opposes this unfair, unwise, and unconstitutional law.

Members of Congress

More than 40 Members of Congress have expressed their support for efforts to fix the private money restriction. Former Republican Congressman Bob Barr (GA),* an architect of the original restrictions in 1996, has declared that Congress went too far in passing the private money restriction. Congressman Barr describes the restriction as “wasteful, anti-libertarian, and downright dangerous.” U.S. Representative José E. Serrano, a Democrat from New York, also has urged Congress to repeal the restriction. Read Congressman Serrano's statement on the floor of Congress.

Faith-Based Groups and Religious Leaders

Leading religious organizations representing 85 million Americans of faith, including the National Association of Evangelicals, the National Council of Churches, Dr. Ron Sider’s Evangelicals for Social Action, and the National Baptist Convention, USA, have expressed concern about the private money restriction by writing letters to Congress. Rev. Richard Cizik of NAE wrote, "God measures societies by how they treat the people at the bottom, and He teaches us to care for the poor and oppressed among us. The services provided by LSC grantees are vital for this purpose and should not be unwisely restricted." Read the letter. In December 2005, 31 other faith-based groups wrote a separate letter to Congressmen Frank Wolf and Allan Mollohan, respectively the Chairman and Ranking Member of the House Appropriations Subcommittee that allocates funds to LSC.

In a letter to the editor of The New York Times, Rev. Dr. Eileen Lindner of the National Council of Churches wrote, “It's time for Congress to stand up for those who, without a helping hand from legal services organizations and the shared blessings of others, have no place else to turn for legal help.”

Prisoner Reentry Advocates

Dozens of groups concerned about helping incarcerated people prepare for a stable and successful reentry into society have sent a letter to Congress urging it to fix the restriction. Chuck Colson’s Prison Fellowship, Human Rights Watch, and many other influential organizations have signed this letter.

Seniors Groups

AARP, which boasts 35 million members, has joined an amicus brief in support of litigation challenging the restriction, and has taken a public policy position in favor of removing the restriction. The Alliance for Retired Americans, Families USA, the Center for Medicare Advocacy, the Medicare Rights Center, and the Congress of California Seniors all oppose the private money restriction.

Prominent National Opinion-Makers

In a December 5, 2005 editorial, The New York Times editorial page wrote, “The fact that Washington provides money for legal representation does not give it unlimited authority to control what lawyers say or do, or to restrict the use of private money so severely."

Bar Associations, Lawyers' Groups, and Non-Profits

Hundreds of national and local organizations have submitted five separate "friend of the court" briefs expressing deep concern about the private money restriction. These include: 17 bar associations, including the State Bar Associations of Virginia and Connecticut and the Bar Foundation of Florida; the National Legal Aid and Defender Association, the National Organization of Legal Services Workers, UAW Local 2320; and eighteen legal services programs; over 130 non-profits and philanthropies; the National Association of IOLTA Programs; and the New York County Lawyers' Association. Learn more about the private money restriction litigation.

Veterans Groups

American Legion, Veterans of Foreign Wars (VFW), and Disabled American Veterans posts across the country are beginning to speak out about the private money restriction. American veterans recognize the important assistance that legal services programs provide for veterans, and regret that the private money restriction makes legal aid exceedingly scarce for the men and women who have served in America's armed forces.

 * Congressman Barr is consulting with the Brennan Center.