Legal Aid Bureau of Buffalo

Transcription

1 Legal Aid Bureau of Buffalo Overview of Achievements, From April 1, 2017 through March 31, 2018, the Civil Division of the Legal Aid Bureau of Buffalo (LABB) provided advice or representation to a total of 7,732 men, women, and children in 5,821 different cases in Western New York. Of these, 5,819 persons in 1,591 cases were assisted in general civil matters and 1,913 children in 4,230 cases were represented in Erie County Family Court. The Bureau provided hotline and referral services for 2,145 matters. Community legal education was provided to 14,513 individuals, and pro se assistance was provided to 622 persons. In association with the Eighth Judicial District, LABB maintains a daily presence at the Erie County Supreme Court Help Desk, where we provide pro se litigants with assistance in completing and filing applications, petitions, motions and other forms covering a wide range of Erie and Niagara Supreme Court and Buffalo City Court litigation matters. For matters which cannot be handled through the Help Desk, information is provided on other resources available. These efforts, among others, were recognized by the presentment of an award to Hon. Paula L. Feroleto, District Administrative Judge for the Eighth Judicial District in LABB established its on-site Walk-In Clinic, held every Friday at our Buffalo office, to capture the overflow of the Erie County Help Desk, and offer assistance to pro se litigants with more complicated litigation. Inspired by the success of the Erie County Supreme Court Help Desk, and our Buffalo Walk-In Clinic, LABB, with the assistance of the District Director, moved beyond Erie County to set up a clinical presence in Cattaraugus, Alleghany, Chautauqua, Genesee, Orleans and Wyoming Counties. In the Spring of 2017 LABB formalized a relationship with Community Health Center of Niagara (CHCN) to establish a system by which LABB receives patient referrals with identifiable legal issues and provides representation, advice and counsel, or referral to other legal service providers. This district-wide effort has reached more than 600 people. LABB strengthened its alliance with International Institute of Buffalo (IIB) and set up a process for referring immigrant, refugee and asylee families to consult and give legal advice on a wide range of civil legal services. In the end of 2017, LABB formed a similar alliance with Family Justice Center (FJC) and set up a process to do a legal check-up for victims of domestic violence. LABB attorneys meet to consult with FJC clients and give legal advice on an array of housing, financial and family matters. Legal Aid attorneys continue to be available for on call and in court assistance to the Supreme Court Matrimonial Parts and Integrated Domestic Violence Parts. The Judges routinely request our presence to receive and give assistance to pro se litigants, and to offer direct representation whenever possible. We routinely represent incarcerated individuals in Matrimonial matters and have developed competency in Qualified Domestic Relations Orders (QDRO s). With improvements in technology and increases in staff, LABB has been able to broaden its service base and connect with more people. Website forms, and automated intake lines have allowed applicants to contact us anytime by multiple means, and have enabled us to respond more rapidly. Erie This Provider At a Glance Population Served: General Low Income Population Area Served: Erie County Total Funding: $4,703,228 Total IOLA Grant: $204,841 Staffing - Full Time Equivalents Total Staff: Lawyers: Paralegals: Other Staff: 5.76 Types of Services Provided Technology and Other Innovations Community Legal Education Pro Se Assistance Collaborations With Other Service Providers Major Cases or Other Advocacy Projects Legal Aid Bureau of Buffalo - 1

2 Outcomes 7,732 Individuals Benefited from 5,821 Closed Direct Civil Legal Cases Dollar Benefits Achieved for Clients* - Total $4,136,213 Unemployment Compensation: $203,495 Family Law - Child Support: $1,687,941 Family Law - Maintenance/Spousal Support: $777,587 Family Law - Equitable Distribution of Assets: $1,361,190 Other: $106,000 *Total includes back awards and total monthly benefits, estimated over 6 months (unemployment compensation), 12 months (equitable distribution of assets, affirmative judgments, insurance settlements, pensions benefits, housing allowances, foreclosure judgements and other benefits), 36 months (other federal benefits), 108 months (child support), 120 months (Social Security, SSI and spousal support). Examples... Outcomes for Clients The Legal Aid Bureau of Buffalo s civil attorneys successfully assisted a 95 year old, homebound Veteran with finalizing his estate plan and redoing his Will. The attorney-draftsperson had many telephone conferences with the client regarding his wishes for his new Will, and his reasons for wanting to change his prior Will. After extensive review and discussion with the client of the revised Will, the client was happy with its terms and ready to sign. As our client is homebound, Legal Aid attorneys traveled to the client s home in order to execute his new Will. We reviewed the Will again with the client, and were lucky enough to hear some stories about our Veteran client s life and his travels while in the Service. After spending some time with him, the attorneys executed his Will and answered any follow up questions from the client. The client was visibly and verbally pleased and thankful for our services, and for our kindness towards him. The attorneys felt very rewarded in knowing that they assisted a homebound, Veteran client who likely would not have access to estate planning services without the assistance of the Legal Aid Bureau of Buffalo. We successfully assisted our client with revising his Last Will and Testament, a matter that was truly important to him, and he is now able to feel at ease. The Civil Unit attorneys at the Legal Aid Bureau of Buffalo successfully assisted a Veteran with modifying his child support obligation in Niagara County, due to his current inability to work. The client had medical documentation showing that he was 100% disabled from work at the time, however, the Court requested that he obtain updated medical proof of his disability. A temporary Court order was issued, modifying the client s child support obligation to $50.00 per month. The attorney worked together with the client to provide the Court with updated documentation of his disability from work. On the second Court appearance, the Respondent, the child s mother, appeared. The client was able and willing to pay the revised $66.00 per week under the Child Support Standards Chart. However, the Respondent told the Court and the client that her household is financially able to support their common child, and that she would rather the client use the money for his own current needs. Together, with our client we were able to work towards a solution with the Respondent. The result was a termination of the Court-ordered child support obligation for Legal Aid s client, and as an ancillary accomplishment, the client also made visible, positive steps in his relationship with his child s mother. Breakdown of Cases by Legal Problem Area People Cases Total 7,732 5,821 Family 4,909 4,262 Housing 1, Juvenile Individual Rights Other Family 73% Housing 10% Juvenile 7% Individual Rights 2% Other 8% Legal Aid Bureau of Buffalo - 2

3 Other Services Technology and Other Innovations The two servers that were purchased in the prior contract period have been installed, improving efficiency by reducing down time. Microsoft Office 365 was installed, allowing employees secure access to from outside the office. Laptops and mobile printers were purchased to allow staff to interview clients, enter information directly into the client database, and print required forms and documents for clients seen throughout the Eighth Judicial District. Full Adobe licenses were purchased to be able to more easily edit, modify, and complete required documents for client representation. Improved anti-virus software was purchased to protect client data. In addition, a new case management software program is being purchased. Conversion of data from our current system into a format required for the new system began in March The new case management system should expand employee access to client data, improve reporting, and provide a mechanism to determine if program goals are being met. Legal Services Other Than Direct Legal Representation The Reentry Project offered workshops and site clinics at the following local community organizations: Ready, Set Work; Parole Orientation, Say Yes Buffalo; the Training to Work Program; Project Homeless Connect; the Buffalo Urban League; the Matt Urban Center; various City of Buffalo events; and the Salvation Army. Our housing attorneys also presented programs at a range of community outreach events. In the past year, we met with 965 individuals. Reentry Project members also provide educational sessions for community advocates and service professionals to raise awareness of pro se actions from which Reentry clients may benefit. Last year we helped 71 such individuals. The Family Justice Project provided pro se legal assistance four days per week at the Erie County Supreme Court Help Desk and several days a month in each of the other counties of the Eighth Judicial District. Legal assistance included, but was not limited to, matters regarding name changes, divorce, eviction judgment challenges, consumer issues, and post-matrimonial enforcement. Last year we helped 622 such individuals. The Family Justice Project also provided regular presentations to parents on legal strategies to reunify with their children. The presentations include developing a legal plan to improve income, shelter, family safety, and health needs to achieve family reunification. Attendees were offered individual one hour consultation sessions following presentations. Last year we helped 759 such individuals. The New Americans Project provided legal education in several different settings. We attended thirteen community events to share legal information, assisting 550 individual attendees. We also published news articles in three different languages, reaching an estimated 12,000 individuals. Language access continues to be a priority. Currently, New York Courts provide orders of protection only in English and Spanish. The state has taken great care in providing an accurate translation for Spanish. Legal Aid has embraced the need of families that are represented now in multiple other languages, and has begun an initiative to achieve translated orders of protection with the assistance of grass roots advocates. Many times, the only knowledge provided to women and men speaking other languages regarding the content of the order of protection is a cursory overview on the record in court. There is a reason why courts provide a written copy of an order of protection to perpetrators and victims: it allows them to reference the order in times of need. Perpetrators can review the requirements, and protected parties can review the protections when the need arises. Many of our clients who do not speak English have difficulty remembering the terms of the order, which often is not interpreted in its entirety even once. Although Legal Aid has paid to translate orders of protection for clients, it does not protect the larger community since it is only done on a case by case basis. Legal Aid Staff has taken the following actions to address this important protection. Staff has identified a language, Karen, where a standard translation of orders of protection is feasible and achievable. Legal Aid has chosen this language to start an effort to provide a standardized Karen order of protection for Western New York courts, and potentially for statewide use. Thousands of residents in Western New York are ethnic Karen people. Currently, these families are finding themselves before courts on domestic violence matters without the benefit of a written order of protection. This disadvantages both perpetrators and protected parties, since neither party has access to the court order restraining or protecting them. The objective of this impact initiative is to provide an important and linguistically accessible tool for vulnerable domestic violence victims to assist them with becoming survivors. Translations in other languages will be pursued after the Karen standardized Order of Protection is achieved. Collaborations With Other Service Providers Each practice area and project at LABB is engaged with a host of community organizations sharing the same client goals. We strive to identify partners with capabilities that Number of People Benefited by Legal Services Other Than Direct Legal Representation Total: 15,500 People Community Legal Education 14,513 People Pro Se Assistance 622 People Online Assistance 365 People Legal Aid Bureau of Buffalo - 3

4 Other Services, continued complement our strengths in order to provide a broader array of services over a wider geographical area without duplication. The Veterans and Military Families Project: Our Veterans Law team works to provide holistic services for current and former members of the military. These services range from housing, employment, and family matters to end of life planning. The range of issues faced by these clients necessitates a team approach both within our Civil Unit and among our community partners. We work primarily with the following organizations: The Veteran s One Stop Center; County of Erie Veterans Services; Buffalo Veterans Treatment Court; Catholic Charities; and Spectrum Health and Human Services. Reentry Project: This project concentrates on employment, financial well-being, family reunification, and a range of barriers faced by individuals who have a criminal record. Close cooperation is needed to ensure that clients get maximum assistance landing on their own two feet. Client planning regularly involves these organizations: NYS Department of Labor; NYSDMV; US Attorney s Office; Federal Public Defenders; Cazenovia Recovery; Northland Workforce Development; Restoration Society; Buffalo Employment and Training Center; Peace Prints; The Community Foundation; Houghton College; Buffalo Steps to Success Academy; NYS Department of Corrections and Community Supervision; and the Buffalo Community Supervision Orientation Project. The New American Project: This initiative, which includes the Coordinated Refugee/Asylee Services Project, relies heavily on well integrated community collaboration. In addition to legal, resettlement, and social services providers, our work involves constant engagement with each of the ethnic communities that represent our new neighbors. Our main community partners are: RAHAMA - Resources and Help Against Marital Abuse; ACCESS of WNY, Inc.; Journey s End Refugee Services, Inc.; Neighborhood Legal Services, Inc.; The Erie County Bar Association Volunteer Lawyers Project, Inc.; Center for Elder Law & Justice; The Western New York Law Center, Inc.; Burmese Community Services, Inc.; BestSelf Behavioral Health, Inc.; Karen Society of Buffalo, Inc.; Iraqi American Society, Inc.; Bhutanese-Nepali Community of Buffalo, Inc.; Jericho Road Community Health Center; Hope Refugee Services; Sister Care Center at Response to Love Center; Buffalo Chin Community, Inc.; Zomi Innkuan Buffalo NY Inc.; Afghan New Generation; Buffalo Public Schools; School of Social Work, University at Buffalo; School of Medicine, University at Buffalo; The City of Buffalo Office of New Americans; International Institute of Buffalo, Inc.; Jewish Family Services, Inc.; Catholic Charities of Buffalo; and Hispanics United of Buffalo. Foreclosure Prevention Project of Western New York: The project involves central intake distributed among three legal providers with the housing counseling covered by certified housing agencies. The members of this collaborative effort are: Belmont Housing Resources; Buffalo Urban League; Westside Neighborhood Housing Services; Center for Elder Law and Justice; Western New York Law Center; and Consumer Credit Counseling Services of WNY. Family Justice Project: The Family Justice Project provides comprehensive services in family law. This can range from matrimonial and post matrimonial actions, family reunification, domestic violence advocacy, and name and gender marker changes. Family Unit staff also provide pro se assistance for Supreme Court Help Desks throughout the Eighth Judicial District. The Family Justice Center; Center for Psychosexual Health (legal name and gender marker changes); and the Eighth Judicial District, Court Help Center. Housing Unit: The Housing Unit represents indigent tenants and homeowners in cases involving code violations, evictions, property tax foreclosures, water Sources of Funding Total $4,703,228 IOLA Grant $204,841 State Funding $4,287,867 City and County Funding $56,461 IOLA Subgrants $54,160 Other $99,899 State Funding 91% City and County Funding 1% IOLA Subgrants 1% Other 2% IOLA Grant 5% Legal Aid Bureau of Buffalo - 4

5 Other Services, continued bill actions, and Fair Housing matters. Close working relationships with both governmental bodies and legal service providers are crucial in ensuring that the housing needs of our community are met and service gaps are avoided. Our primary partners are: The City of Buffalo; The Town of Amherst Planning Department ; Erie County Environment and Planning; Neighborhood Legal Services; Center for Elder Law and Justice; and Housing Opportunities Made Equal, Inc. Education Law Project: Our Education Law efforts focus on special education needs and school discipline. We have established a large network of community partners including: Buffalo Public Schools; Erie 1 BOCES; NYS Technical and Education Assistance Center for Homeless Students (NYS TEACHS); Parent Network of Western New York; Say Yes to Education in Buffalo; Volunteer Lawyer s Project; Baker Victory Services; Catholic Charities New Directions; Endeavor ; Gateway- Longview ; Erie County Restorative Justice Coalition; Family Voices; Families Child Advocacy Network (Families CAN); APIC (Accessing Psychiatric Intermediate Care); Erie County Department of Social Services, Child Protective Services and Children s Services, Adoption Unit and Independent Living Unit; NYS Office of Persons with Developmental Disabilities (OPWDD); NY START (NY Systemic, Therapeutic, Assessment, Resources and Treatment); and the NYS Office of Children and Family Services (OCFS). Pro Bono Volunteer Involvement We welcome the assistance of volunteer students and attorneys. In the past year a total of 14 individuals donated their time to help us better serve our community. Of these, 7 were law students, 2 were attorneys, and 5 were college or paralegal students. Their work ranged from direct client contact, such as intake or scheduling, to research and direct assistance in court. The volunteer component of the annual tax foreclosure defense project played a huge role, at every step of the way, towards successfully preventing more than 100 tax foreclosures affecting 245 persons. Pro Bono Statistics During , the following volunteers provided services in our program: Attorneys: 2 Volunteers 486 Hours Law Students: 7 Volunteers 946 Hours Other Volunteers: 5 Volunteers 1,304 Hours We assign law students to work directly with an attorney and also obtain a practice order that allows them to be the attorney on the case. We have interns who observe court proceedings and assist with tasks such as client intake, data management, and making copies. Legal Aid Bureau of Buffalo - 5