Legal Aid Bureau of Buffalo, Inc.

Transcription

1 Legal Aid Bureau of Buffalo, Inc. Overview of Achievements, From April 1, 2015 through March 31, 2016, the Civil Division of the Legal Aid Bureau of Buffalo provided advice, referral or representation to 7,354 men, women, and children in 5,729 different cases in Western New York. The Civil Division represented 4,593 children in Erie County Family Court and provided direct representation to 2,761 people in 1,136 cases and provided hotline and referral services for 3,122 matters. Community legal education was provided to 2,717 individuals, and pro se assistance was provided to 1,295 persons. Our primary target population included persons without means to pursue civil remedies and legal rights, and who were unable to procure legal assistance elsewhere. We had three primary approaches in providing legal services: 1) providing access to staff with the requisite legal expertise to meet priority legal needs as identified by our clientele; 2) delivering services in a holistic manner that is trauma informed, cultural appropriate, and easily accessible; and 3) empowering directly-impacted people to take collective action, lead their own struggles, and gain power to change the conditions of oppression. Our staff prioritized cases involving the following substantive areas of law: a) juvenile representation in family court matters, specializing in Persons In Need of Supervision, abuse and neglect, and juvenile delinquency cases; b) adult family justice matters, specializing in contested matrimonial and post-matrimonial matters, custodial challenges, orders of protection, child support, and child protective services concerns; c) housing, specializing in landlord/ tenant, mortgage and tax foreclosures, hazardous living conditions, and discrimination; and d) income maintenance, with a focus on bankruptcy, unemployment, driving privileges, relief from employment disabilities, and consumer protection. To provide continuity of representation, we coordinated with other local legal service providers to complement representation for immigration, public benefits, disability, and section 8 housing needs. We also handled additional matters in-house when a gap in services occurred, including, but not limited to: civil rights, guardianships, wills, powers of attorneys, name changes, school suspensions, and Article 81 proceedings. CLSU clients obtained $646,726 in back awards and $220,307 in monthly benefits for unemployment, child support, maintenance, and consumer judgments. CLSU efforts resulted in $1,257,808 in taxpayer savings as a result of tax and water bill settlements, home demolition costs avoided, and the prevention of emergency shelter costs. We increased access to justice through trauma informed and culturally appropriate services for immigrants, veterans, and reentry clients. Each target population receives coordinated holistic services, and access at locations that are client-preferred and geographically appropriate. A significant improvement was consolidating our staff into one building. Previously, we were housed in three different offices, making it difficult to coordinate in real time for holistic needs. Our new building includes several social services offices and the Department of Labor, and as a result, many clients are familiar with the location. We also increased our mobility; we greatly expanded access by extending intake locations to places frequented by clients, and by increasing evening and weekend availability. This Provider At a Glance Population Served: General Low Income Population Area Served: Erie County Total Funding: $4,449,828 Total IOLA Grant: $440,000 Staffing - Full Time Equivalents Total Staff: Lawyers: Paralegals: Other Staff: 5.51 Types of Services Provided Direct Civil Legal Representation Brief Services Extended Services Hotlines and Other Phone-Based Services 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, Inc. - 1

2 Outcomes 7,354 Individuals Benefited from 5,729 Closed Direct Civil Legal Cases Dollar Benefits Achieved for Clients* - Total $1,023,779 Unemployment Compensation: $496,923 Family Law - Child Support: $419,017 Family Law - Maintenance/Spousal Support: $39,075 Affirmative Judgments: $53,764 Other Benefits: $15,000 Extended Representation Outcomes 6,542 People benefited from extended representation Brief Representation Benefits 714 People benefited from legal advice and counsel 98 People benefited from non-litigation advocacy services *Total includes back awards and total monthly benefits, estimated over 6 months (unemployment compensation), 12 months (other federal benefits, equitable distribution of assets, affirmative judgments and other benefits), or 120 months (child and spousal support). Examples... Outcomes for Clients ousing staff assisted a client who had been brought before Housing Court because of neighborhood complaints H regarding the condition of his home. Inspectors had already recommended that the house be condemned. Our housing team, composed of an attorney, a paralegal, and a social worker, collaborated to explore legal, financial and community options that might prevent demolition and homelessness. Our team determined that the homeowner had been hoarding for several decades and, eventually, we were able to convince our client to seek counseling and treatment. We negotiated with the inspectors to gain more time for our client to clean up his yard and begin repairs. Our social worker provided extensive follow-up to ensure that nothing was holding him back from services. We intervened in a financial matter that was straining our client s resources to the point where he could not afford to purchase materials to repair his home. Housing Unit intervention allowed our client to stay in his home, avoid demolition and court fines, and got him the services he needed to deal with his hoarding issue. he International Institute of Buffalo contacted us to assist a man who did not have status in the U.S. since his wife T refused to sponsor him. She had held him at gunpoint, and tried to run him over with her car. She told him that since she was white and he was black, no one would believe him if he went to the police, and that she could have him deported. He was in hiding in an unheated shed where he was a farmworker. CRLS staff met him at a farmer s market first, and then drove to rural Niagara County the next evening to meet with him at the farm. We represented him in a family offense action, and then for divorce. While the case was pending, he moved to Erie County so his wife could not find him. We monitored the text and voice messages he received, and when she threatened him repeatedly, we accompanied him to the Family Justice Center, where he filed a criminal complaint for aggravated harassment. After the filing of the criminal case, his wife stopped threatening him, and we were able to finalize the divorce action and obtain an order of protection. Breakdown of Cases by Legal Problem Area People Cases Total 7,354 5,729 Attorneys for Children/Miscellaneous 5,039 4,849 Housing 1, Family Income Maintenance Other Legal Aid Bureau of Buffalo, Inc. - 2 Attorneys for Children/Miscel laneous 85% Housing 8% Family 4% Income Maintenance Other 2% 1%

3 Other Services Hotlines and Other Telephone Based Legal Services Clients accessed legal information on a variety of issues via telephone with the Civil Unit. These issues involved a variety of needs, including, but not limited to, accessing court services, unemployment, discrimination, housing and foreclosure issues, family matters, or help understanding legal procedures. Each client who used the hotline service was provided with an opportunity to speak in a preferred language with someone in person. Clients spoke with a staff member with the requisite knowledge and information to address the questions and concerns. Low income residents of Erie and Niagara Counties were the primary target audience region, and other low income individuals outside of these counties who had litigation pending in Erie and Niagara counties. In order to insure quality, each individual calling for hotline services was directed to different paralegals and attorneys who practice in the area of expertise needing to be addressed. Clients who connected with staff that spoke a different language communicated via language line or in person interpretation. Alternative means of communication on occasion were arranged for rare languages and deaf clients. In the past year we assisted 2,768 persons through hotline calls. Technology and Other Innovations Improvements were made to the network infrastructure, including updated cabling, new switches and new routers, to accommodate our move to new office space. A Unified Communications telephone system was also purchased that allows the telephone system and the computer network system to work together. The telephone system allows the attorneys to gain access to their messages through their computer, thus gaining immediate access to messages left by clients, court personnel, and any other parties and also having the feature to save the message in the client files for future access. There is a Follow-Me feature that allows the attorney or paralegal to touch a button to forward any telephone calls to their cell phone, giving the attorney or paralegal instant access to potentially critical information. Legal Services Other Than Direct Legal Representation The Reentry Project offered workshops and site clinics at local community organizations such as Project Homeless Connect, the Buffalo Urban League, the Matt Urban Center, City of Buffalo events, and the Salvation Army. Housing Project members also present at a range of community outreach events. In the previous year we met with 453 individuals. Reentry Project members provide educational sessions for community advocates and service professionals to raise awareness of pro se actions that Reentry clients may benefit from. Last year we helped 47 such individuals. The Family Justice Project provided pro se legal assistance four days per week at the Erie County Supreme Court Help Desk. Legal assistance included, but was not limited to, matters regarding name changes, divorce, eviction judgment challenges, consumer issues, and postmatrimonial enforcement. Last year we helped 727 such individuals. The Family Justice Project also provided regular presentations to parents, including those with Axis I mental health diagnoses, on legal strategies to reunify with 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 391 such individuals. The CRLS Project provided legal education using a variety of strategies. We presented on legal rights at ethnic community events, assisting 600 individual attendees. We provided legal education to community leaders on topics they identified, including domestic violence, foster care, child protective services, language access, non-profit incorporation, access to health care, persons in need of supervision, and consumer protection. Last year we held thirty sessions with 168 attendees. The CRLS Project also provided workshops directly to refugee/asylee community members on housing, family, income, and consumer fraud issues. The locations included places of worship, community centers, public libraries, schools, residential facilities, and individual homes. Last year we helped 563 such individuals. Collaborations With Other Service Providers Some of our most significant collaborations include the Coordinated Refugee/Asylee Legal Services Project, the In Rem Foreclosure Prevention group, The Erie County Reentry Task Force, the Foreclosure Prevention Project of Western New York, and the Erie County Restorative Justice Coalition. Legal Aid assisted homeowners facing the City of Buffalo s annual tax foreclosure by negotiating payment agreements with the city in Erie County Court. Legal Aid, The Volunteer Lawyers Project, Western New York Law Center, and Legal Services for the Elderly, Disabled, or Disadvantaged worked together to maximize the number of homes saved. The In Rem Prevention Group also provided representation for individuals who could not reach an agreement with the City but needed to initiate litigation to obtain an order dismissing the foreclosure. Number of People Benefited by Legal Services Other Than Direct Legal Representation Total: 6,780 People Community Legal Education and Pro Se Assistance: 4,012 People Legal Hotline Services: 2,768 People Legal Aid Bureau of Buffalo, Inc. - 3

4 Other Services, continued Legal Aid participated in the Erie County Reentry Task Force. This group comprises all of the major organizations working with individuals trying to reintegrate with their community after incarceration. This involved cooperative work with state and federal probation offices, employment and training centers, housing agencies, healthcare providers, family and human service agencies as well as community and neighborhood associations. Legal Aid also worked with partners statewide as a member of the Coalition of Reentry Advocates. The Foreclosure Prevention Project of Western New York is a collaborative effort of Legal Services for the Elderly, Disabled, or Disadvantaged, The Western New York Law Center, and the Legal Aid Bureau of Buffalo. Together we were able to defend mortgage foreclosures throughout Western New York. Members of the Project also collaborated with Housing Counseling Agencies such as the Buffalo Urban League, Westside Neighborhood Housing Services, Belmont Housing, Consumer Credit Counseling, and a range of housing agencies. Legal Aid is home to the Erie County Restorative Justice Coalition. This is a group of community organizations united to provide alternatives to school suspensions and criminal prosecutions. It trained community members in collaborative methods that allow for alternative, civil solutions to disputes that would otherwise result in school suspension, civil fines, or criminal prosecution. Backup or Support Services Legal Aid houses Central Intake for the Coordinated Refugee/Asylee Legal Services Project. We receive legal referrals from community groups, places of worship, religious and cultural leaders, government offices, legal partners, schools and colleges, newspapers, resettlement agencies, the Courts, and other non-legal services providers. We accept walk-ins in any language from 8:30am-4:30pm, Monday through Friday. We gather intake through electronic fillable pdf submissions, telephone calls directly to the office, intakes at walk-ins throughout the community, intakes at applicants homes, intakes at local places of worship, and through tabling at cultural events. Once we determine a legal need, our central intake paralegal refers the applicant to the appropriate legal organization; once the partner agency acknowledges acceptance, we connect the applicant to the identified provider. Interpretation is provided at all necessary steps in the applicants preferred language. Legal Aid is the provider of last resort, and is responsible for referral and representation on all legal issues not covered by project partners. Legal Aid also houses the CRLS Project Coordinator, who collects and compiles reports for all partner agencies, and develops and distributes outreach materials for all organizations. Total number of cases served for the six organizations was 1,215. Major Cases or Other Advocacy Projects Language Access in Buffalo Policing The Legal Aid Civil Unit opened avenues for refugees and asylees to speak on their own behalf with respect to language access with the police, ultimately resulting in a written language access plan, written by LAB Civil Unit staff, being adopted by the City of Buffalo Police Department, publicly announced this past March. An estimate of the number of non-english speaking directly impacted individuals in the City of Buffalo is 38,670 based on the U.S. Census Bureau American Community Survey data of the number of residents speaking a language other than English. There were many actions we took in reaching the goal of a written language access plan. Our staff facilitated a participatory process to assist community organizers in identifying priorities. We spoke with them about the benefits of working collectively to achieve their goal of language access for police interactions. To do so, we conducted know-your-rights sessions with organizers regarding political and legal processes (Civil Rights Act of 1964, role of City council, State Attorney General and U.S. Dept. of Justice). We investigated gaps in the application Sources of Funding Total $4,449,828 IOLA Grant $440,000 State Funding $3,738,931 Foundations $176,633 City and County Funding $53,125 Other $41,139 State Funding 84% Foundations 4% City and County Funding Other 1% 1% IOLA Grant 10% Legal Aid Bureau of Buffalo, Inc. - 4

5 Other Services, continued of local, state and federal laws in providing language appropriate policing services, and armed organizers with facts for advocacy. We linked organizers with city council members, attorneys at the State Attorney General s office, U.S. Department of Justice, and members of the Police Department to advocate for themselves, and trained them on public speaking techniques for American audiences. This required direction on training community media spokespeople on interacting with the press and developing talking points. We also connected grass-roots organizers with not-forprofits working on the same issues, such as Partnership for the Public Good and International Institute of Buffalo. We researched and provided police language access plans from throughout the United States to educate organizers on legally sufficient models, with recommendations on best practices. We drafted a language access plan for the City of Buffalo police, which was submitted by nineteen grass-roots organizers along with petitions signed by community members. After the plan was adopted publicly by the City, we compared and contrasted our proposed plan with the adopted plan, publicizing a comparison chart for the non-english speaking community advocates to share with their respective community members. There were many positive results of the effort. One community leader met directly with the Mayor and deputy police commissioners to speak on behalf of the immigrant community regarding the importance of language access in policing. Community organizers coordinated with City Council members regarding a Language Access Resolution, passed by the City Council. Three community leaders spoke before the Police Oversight Committee regarding the need for language access in policing and burglaries, bringing dozens of members with them to publicly represent the community s concern, and coordinated with police to host forums for direct police/community interaction. Two community leaders trained recruits at the training academy regarding cultural competence, and one community filed a complaint with the United States Department of Justice, bringing federal attention to the local status of civil rights needs based on national origin. The impact is a relatively permanent improvement in basic living conditions of non-english speaking residents of Buffalo. Buffalo adopted the language access plan written by Civil Unit staff with minor revisions. Different community groups experienced the benefits of collaboration, overcoming a longstanding splintered approach to address community challenges. Community leaders formed lasting relationships with local officials to maintain open lines of communication. Civil Unit staff supported and appeared with community leaders in multiple television, newspaper, and radio spots to bring attention to policing needs. The achieved policy changes not only support the organizers communities, but benefit all non-english speaking Buffalo residents in accessing policing and city services. Pro Bono Volunteer Involvement The Civil Unit welcomes the assistance of volunteer students and attorneys. In the past year a total of 24 individuals donated their time to help us better serve our community. Of these, 17 were law students, and 7 were college students and 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 127 tax foreclosures. The Civil Unit also assigns 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 also have interns who observe court proceedings and assist with tasks such as making copies. The Legal Aid Bureau recently applied to participate in the NY Unified Court System s Attorney Emeritus Program. Pro Bono Statistics During , the following volunteers provided services in our program: Law Students: 17 Volunteers 1,574 Hours Other Volunteers: 7 Volunteers Legal Aid Bureau of Buffalo, Inc. - 5