News

Justices to present $180,000 from Civil Legal Assistance Fund

May 23, 2008

Members of the Mississippi Supreme Court will soon deliver checks totaling $180,000 from the Civil Legal Assistance Fund to help poor people seek civil legal representation.

The Supreme Court has directed that the money be divided among the state’s two Legal Services programs and the Volunteer Lawyers Project of the Mississippi Bar.

On Tuesday, May 27, at 1:30 p.m., Justice Chuck Easley will present a check to North Mississippi Rural Legal Services in Oxford. The presentation will be at the Legal Services office at 5 County Road 1014 in Oxford.

Also on May 27, Chief Justice James W. Smith Jr. will deliver a check to the Volunteer Lawyers Project in Jackson.

On June 3 at 1:30 p.m., Presiding Justice Oliver E. Diaz Jr. will present a check to the Mississippi Center for Legal Services in Gulfport. The presentation will be at the Legal Services branch office at 520 East Pass Road, Suite J, in Gulfport.

The fund distribution includes:

• $51,390 to North Mississippi Rural Legal Services;

• $51,390 to the Volunteer Lawyers Project;

• $77,220 to the Mississippi Center for Legal Services.

Justice Diaz said, “Our Pledge of Allegiance ends with the words ‘and Justice for all.’ In order to fulfill this pledge we must be willing to assure that everyone in our society has access to our courts.

“In the aftermath of Hurricane Katrina, legal issues continue to arise. These problems fall hardest upon those least able to afford legal representation. Many of these problems can be solved with simple legal advice. Therefore, it is crucial that we continue to fund programs such as Legal Services in order for our community to fully recover. Legal Services lawyers are dedicated to providing quality legal services to indigent and needing clients. I am happy to present this check to the Mississippi Center for Legal Services so that they are better able to provide representation as we work toward the goal of ‘justice for all,’ ” Presiding Justice Diaz said.

Civil Legal Assistance Fund distributions have increased to quarterly intervals as the fund generates more money to assist poor people with their civil legal needs.

The Mississippi Legislature in 2003 created the Civil Legal Assistance Fund, which is authorized to accept money from any public or private source. Upcoming distributions will bring the total paid from the Civil Legal Assistance Fund to $1,544,663 since the fund was created.

No tax dollars are involved with the Civil Legal Assistance Fund. The Supreme Court in March 2003 ordered collection of a $200 fee from out-of-state attorneys who represent clients in Mississippi courts, with the fees going to the Civil Legal Assistance Fund. The Mississippi Legislature in July 2006 added a $5 fee to each civil case filed in circuit and chancery courts, with the fees going to the Civil Legal Assistance Fund.

The addition of the $5 fee produced a significant increase. During the fiscal year that ended in June 2007, the $5 fee generated $415,431, or 82 percent of the money for the Civil Legal Assistance Fund that year. The $200 fee paid by out-of-state attorneys, known as the pro hac vice fee, generated $88,200 during the same time period. Since July 2007, the $5 fee generated $548,586, or nearly 86 percent of Civil Legal Assistance Fund. Collections from the pro hac vice fee between July 2007 and May 2008 have been $72,600.

Federal money provided through the Legal Services Corporation is the primary source of funding for the state’s Legal Services offices. Attorneys employed by the state’s two Legal Services entities provide civil legal representation to poor people in areas such as domestic law, housing, landlord-tenant disputes, land issues, trust and estate matters, will and probate matters, wage and employment issues, bankruptcy, and consumer disputes.

Representation provided by the Volunteer Lawyers Project, the Mississippi Center for Legal Services and North Mississippi Rural Legal Services is in civil legal matters. The programs do not handle indigent criminal defense.

North Mississippi Rural Legal Services provides civil legal assistance for poor people in 39 counties. Offices are in Clarksdale, Greenville, Oxford, Tupelo and West Point. The Mississippi Center for Legal Services serves clients from 43 counties. Offices are in Gulfport, Hattiesburg, Jackson, Meridian and McComb.

If Legal Services staff can’t handle the case, they may refer the person to a local private attorney or to the Volunteer Lawyers Project, which attempts to match the low income person needing legal services with a private practice lawyer willing to handle a case for free.

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