Congratulations to Russell Scott, a long-serving member of our Board of Directors, on receiving the American Inns of Court Professionalism Award for the Seventh Circuit Court of Appeals.

The Madison County Record: 5/10/2012 

By Christina Stueve

Attorney Russell K. Scott, a senior litigation officer and co-manager of the Greensfelder, Hemker & Gale Belleville office, has been named the 2012 recipient of the prestigious American Inns of Court Professionalism Award for the Seventh Circuit Court of Appeals.

Scott received the award May 7 at the Seventh Circuit Judicial Conference in Chicago. He and other 2012 award recipients also will be recognized at the American Inns of Court annual Celebration of Excellence Oct. 20 at the U.S. Supreme Court.

The American Inns of Court Professionalism Awards are given each year to one lawyer or judge from each federal circuit, whose life and practice display sterling character and unquestioned integrity, coupled with ongoing dedication to the highest standards of the legal profession and the rule of law. Award recipients are selected by a panel of representatives from the circuit and the American Inns of Court.

In nominating Scott for the award, U.S. District Judge J. Phil Gilbert of the U.S. District Court for the Southern District of Illinois, wrote, “In addition to his considerable skills as a trial lawyer, Russell has throughout his career, exemplified the highest ideals of the legal profession. His record of service to the profession, especially in the area of legal services to the poor, is exceptional.”

Cherie Macdonald, an officer at Greensfelder and co-manager of the firm’s Belleville office said the award is very special.

“This honor for Russell is even more special since the Seventh Circuit typically bestows the award on judges from the Chicago area,” Macdonald said.

Scott focuses his practice on the defense of legal and medical malpractice suits, product liability actions, industrial accident cases, premises liability, as well as automobile, construction, insurance coverage, class action, toxic tort, general commercial and personal injury litigation.

He has more than 35 years of experience in all aspects of state and federal trial and appellate work. Scott also has a history of public service work, having served as president, chair of the board and chief volunteer officer of the Land of Lincoln Legal Assistance Foundation, Inc., for 16 years and as chair of the Illinois Supreme Court Select Committee on Pro Bono Publico for 10 years.

He also is a member of the Board of Governors of the Illinois State Bar Association and past president of the Illinois Bar Foundation.

Scott earned his J.D. from Washington University in St. Louis School of Law and has an A.B. from Earlham College.

Read the original here: http://www.madisonrecord.com/news/243924-russell-scott-receives-prestigious-professionalism-award

Richland County Legal Self-Help Center Opens

By Matt Courter, Olney Daily Mail: Posted May 10, 2012

A new way to receive legal assistance online was announced Tuesday at Olney Public Library.

According to information provided by John A. Dailing, Executive Director of the Illinois Coalition for Equal Justice, Richland County Legal Self-Help Center was developed to provide accurate information on Illinois law to the growing number of people who represent themselves in court.

Those using the service will have access to information about “simpler civil legal problems,” including videos on going to court, court pleadings and information on other legal organizations.

Richland County Circuit Clerk Sandy Franklin said deputy clerks in the office regularly meet people who need legal information. She said they cannot give such advice, but with the new online system, they now have a place to refer people.

Stacie Colston, Outreach Coordinator/Attorney at Law for Illinois Legal Aid Online, said that the anonymity the service provides can also be an attractive feature, especially in a small area in which a judge may be involved in the community outside of court.

The Richland County Legal Self-Help Center is the 80th to open in Illinois since 2007. Illinois Legal Aid Online and Illinois Coalition for Equal Justice provided technical support and assistance to the Planning Committee of Richland County. Judge Larry Dunn said the county is the last in the Second Judicial Circuit to receive the service.

He noted that the county’s local legal aid, Land of Lincoln Legal Assistance, has more requests for service than it can meet with its staff or volunteer attorneys. The new self-help center will provide access to information to those who will have to represent themselves.

Colston said that each online center is geared to its county. She said she gives the Planning Committee a list of approximately 100 content items, including issues such as small claims, unemployment benefits and child support, and it chooses six that will be highlighted on the site.

“Each county’s site seems different,” she said.

Olney Public Library will serve as a place where people who don’t have Internet access can use the service.

Those who have worked to implement the center include Richland County Circuit Court and the Richland County Circuit Clerk’s Office, Olney Public Library, SWAN and Land of Lincoln Legal Assistance. Start-up funding comes from a grant from the Illinois Equal Justice Foundation through Land of Lincoln Legal Assistance Foundation.

The center may be accessed at http://richland.illinoislegalaid.org.

Read the original here: http://www.olneydailymail.com/news/x1809315500/Legal-site-unveiled

House Appropriations Subcommittee Approves Bill Providing $328 Million for LSC

Thursday, April 19, 2012 – Legal Services Corporation

Washington, DC— The U.S. House of Representatives Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies (CJS) today marked up funding legislation that provides $328 million for the Legal Services Corporation (LSC) in Fiscal Year 2013.

Rep. Norm Dicks (D-WA) and Rep. José E. Serrano (D-NY) both spoke on behalf of LSC.  In a statement, Rep. Dicks said: “The Legal Services Corporation is also cut when it should be getting an increase. The recession has drastically increased the need for legal aid for those who can’t afford it, and the LSC helps to ensure that access to justice is not limited to those who can afford an attorney.”

Rep. Serrano noted that the appropriation for Legal Services cannot meet the need, and stated that the LSC appropriation should be at least $402 million as approved by the Senate Appropriations Committee, and recommended by the White House.

Most of LSC’s funding is used to support local nonprofit organizations via grants for the delivery of civil legal assistance to low-income Americans.

LSC funding was approximately $404 million in Fiscal Year 2011 before falling to $348 million in Fiscal Year 2012.

Established by Congress in 1974, LSC is the single largest funder of civil legal assistance in the nation. LSC grants help address the civil legal needs of the elderly, victims of domestic violence, veterans seeking benefits to which they are entitled, persons with disabilities, tenants facing unlawful evictions, and other civil matters.

Source: http://www.lsc.gov/media/press-releases/house-appropriations-subcommittee-approves-bill-providing-328-million-lsc

Illinois Lawmakers Target Practice of Jailing Debtors

Illinois Lawmakers Target Practice of Jailing Debtors

By CARLA K. JOHNSON The Associated Press April 17, 2012

CHICAGO (AP) — Jailed for unpaid debts? It happened to breast cancer survivor Lisa Lindsay.

She got a $280 medical bill in error and was told she didn’t have to pay it. But the bill was turned over to a collection agency, and eventually state troopers showed up at her home and took her to jail in handcuffs.

Debt collectors have become so aggressive in some parts of Illinois that they commonly use taxpayer-financed courts, sheriff’s deputies and county jails to squeeze poor people who fall behind on small payments of $25 or $50 a month, according to supporters of the proposed legislative reforms. Lawmakers in Springfield are pushing to make it harder to jail poor people who miss court dates or are found in contempt of court as they struggle with unpaid debts — an aggressive practice that got worse, some say, during the recession.

Lindsay, a teaching assistant from Herrin in southern Illinois, ended up paying more than $600 because legal fees had been added to the original amount.

“I paid it in full so they couldn’t do it to me again,” Lindsay said.

The Illinois bill would require court appearance notices to be served to a debtor’s home, rather than merely mailed. It would require arrest warrants to expire after a year, and it would return most bail money to the debtor, rather than allow it to be used to pay off the debt.

Disabled roofer Jack Hinton sat in jail until he could come up with $300 on a debt he owed a lumberyard.

According to a hearing transcript, a central Illinois judge listened to Hinton’s story, noted he’d recently been paid after finishing a roofing job, and said: “Mr. Hinton, you had $1,000 in your pocket, you chose to spend it elsewhere in violation of the court order. That lands you in jail.”

Hinton’s wife took out a loan to buy his freedom. Her $300 went to the debt collector.

Michelle Gilliam, an unemployed Urbana resident, was picked up by sheriff’s deputies and jailed twice for missing court dates as a debt collector pursued her in court for a decade, she and her attorney said. Gilliam got help from a nonprofit group offering free legal services and the court dismissed the case, essentially forgiving her debt on the grounds she was too poor to pay.

The problem has surfaced in other states, but there is no model legislation. Advocates in Minnesota unsuccessfully tried to pass a bill that would have allowed debtors to fill out an affidavit stating their income and assets when the sheriff arrived at the door to execute a warrant, according to Illinois Attorney General Lisa Madigan’s office.

Madigan, a supporter of the bill, said informal traditions in some Illinois courtrooms “have allowed these abuses to occur.” The recession heightened the problem, she said.

“More people are unemployed, more people are struggling financially and more creditors are trying to get their debt paid,” Madigan said.

The bill, which has passed the House, is supported even by groups representing debt collectors and their attorneys, who agree with Madigan that some judges and attorneys have gone too far. Judges will retain the discretion to issue arrest warrants and to jail debtors for contempt.

Lawsuits against debtors are a last resort, said Eric Mock of the Illinois Collectors Association. “A consumer that has been arrested or jailed can’t pay a debt. We want to work with consumers to resolve issues,” he said.

Madigan learned of the problem last year. Her office was getting reports of impoverished people pursued through the courts for back rent, medical debt and payday loans, she said. One woman who owed money on a vacuum cleaner spent weeks in jail before someone lined her up with free legal services.

“We’re using public resources to collect private debts,” Madigan said. “At what point do you say it’s illegal?”

Lenders can be part of the problem. In 2010, the Illinois agency that licenses lending companies went after a Carbondale storefront lender for exploiting the court system to get its customers incarcerated. The Illinois Department of Financial and Professional Regulation revoked the company’s license, later reaching a settlement that restored it.

In court, debtors rarely have an attorney, while creditors hire experienced legal representation.

That was the case for Hinton, a 57-year-old from Kenney in central Illinois who became disabled after falling off a roof. Hinton wasn’t working much since he’d hurt his neck and back. He was behind on his court-ordered payment plan on an old debt. He recently had wrapped up a roofing job, but he spent the $1,000 he received to pay other bills.

Without his own attorney, Hinton represented himself. During a quick court hearing, a lawyer representing the creditor established that the roofer briefly had $1,000. That was enough to send him to jail.

“I got no sympathy, whatsoever,” Hinton said.

Illinois law allows some sources of income, such as Social Security, to remain exempt from debt collection. Poor people with only exempt income and no property are being pursued by certain attorneys, said John Roska, an attorney for Land of Lincoln Legal Assistance Foundation who represented Gilliam in court.

“She doesn’t have any employment income and no property,” Roska said of Gilliam. “She is a turnip. You can’t get blood out of a turnip. That’s as protected as she can get.”

Read the article here: http://heraldnews.suntimes.com/news/11964280-418/illinois-lawmakers-target-practice-of-jailing-debtors.html

Madison/Bond County Residential Foreclosure Mediation Program Partners With St. Louis University Legal Clinic

Foreclosure Program to Launch

WBGZ Radio 4/15/2012

By Doug Jenkins

Many Madison County homeowners who are facing foreclosure have seen relief through a 10-month-old program. Land of Lincoln Legal Aid in Alton launched the Madison County Foreclosure Mediation Project about 10 months ago, and it has seen such success, it is now partnering with the St. Louis University Legal Clinic. This is a project that is available as part of the legal paperwork that comes with the foreclosure process.

When receiving court papers, those being sued will also receive a request for remediation and a financial questionairre. Homeowners will simply have to fill out those documents and submit them back to the court, but program administrator Linda Jun says that is not to say every case can be fixed.

She says there are about 1,500 foreclosures in Madison County every year. While it is unlikely 100% of those would file for the program, Jun says they have already had 185 inquiries, of which they accepted about 80%, and nearly half of those resulted in homeowners avaoiding foreclosure.

http://altondailynews.com/news/details.cfm?clientid=17&id=28389

 

Wabash County courts work with Mt. Carmel Public Library to provide legal information to unrepresented litigants

The Daily Republican Register – Tuesday, March 27, 2012

A press conference will be held Wednesday at 1 p.m. at the Mt. Carmel Public Library with Chief Judge Stephen G. Sawyer, Circuit Clerk Angela K. Crum and representatives from the Mt. Carmel Public Library to announce the opening of a new free online legal self-help center for lower income residents of Wabash County.

The center will be accessible to anyone with a computer connected to the internet. People without a computer or internet access can use public access computers at the Mt. Carmel Public Library.

Start-up funding for the new legal self-help center is being provided by the Illinois Bar Foundation. The new online center will provide legal information in civil matters for lower income people who must represent themselves in court. The center also contains non-court related legal information on such matters as Social Security, Medicare, Unemployment Compensation and other important topics.

More and more individuals are coming to court without a lawyer. Lawyers can be very helpful in court, but many individuals cannot afford to hire a private attorney and they cannot find either a pro bono or a legal aid attorney to help them.

The new center was developed collaboratively with the Wabash County judiciary and circuit clerk and with representatives from the Mt. Carmel Public Library, the Wabash County State’s Attorney, the Guardian Center and Land of Lincoln Legal Assistance Foundation. Planning and technical support was provided by the Illinois Coalition for Equal Justice and Illinois Legal Aid Online.

The Wabash County Legal Self-Help Center will be available online at http://wabash.illinoislegalaid.org. The underlying website has been developed and is maintained by Illinois Legal Aid Online, an Illinois nonprofit organization. The Wabash County Legal Self-Help Center is the 75th center to be opened since May of 2007.

Read the article here: http://tristate-media.com/drr/news/local_news/article_09603e32-7857-11e1-90ae-0019bb2963f4.html

LAND OF LINCOLN LEGAL ASSISTANCE TO HOLD MEETING ABOUT THE LEGAL RIGHTS OF DISASTER VICTIMS

FOR IMMEDIATE RELEASE

Contact: Michael Fiello, 618-457-7800 ext. 117, mfiello@lollaf.org

LAND OF LINCOLN LEGAL ASSISTANCE TO HOLD MEETING ABOUT THE LEGAL RIGHTS OF DISASTER VICTIMS

March 15, 2012, at 3:00 and 6:00 p.m. at the Harris-Pruett Building in Harrisburg

After a disaster like the recent tornado, the victims are sometimes overwhelmed by the shear number of problems that need to be addressed.  It is difficult to keep track of everything that must be done and to get the information you need about help that is available.  At the same time you must be careful that you do not get taken advantage of by unscrupulous individuals who prey on disaster victims.

On March 15, 2012, at 3:00 and 6:00 p.m. at the Harris-Pruett Building, 107 East Church Street in Harrisburg, the Lawyers of Land of Lincoln Legal Assistance will be in Harrisburg and will hold a meeting at which they will present information on many of the issues that victims are dealing with, including:

• Replacing lost documents and other lost belongings
• Avoiding scams and frauds
• How to get emergency food and cash
• Whether you have to pay your rent or mortgage if your house is destroyed
• Whether you can make a claim for losses on your landlord’s insurance policy
• Whether your home can be foreclosed upon
• Tax benefits for disaster victims
• What to do if you cannot pay your bills because of a disaster
• How to replace lost or stolen benefits like social security and food stamps
• Your rights if your employer shuts down because of the disaster

The event is free to the public.  After the meeting, the lawyers will be available to talk to people individually and applications for legal assistance will be taken.  Actual legal representation is also free, but applicants must meet eligibility requirements to qualify.

Land of Lincoln is an Illinois not-for-profit corporation. We provide free civil legal services to low-income persons and senior citizens in 65 counties in central and southern Illinois. Our mission is to pursue civil justice for low-income persons through representation and education.

County Program Helps Homeowners Keep Their Homes

St. Louis Suburban Journals – Ramona C. Sanders, Tuesday, February 14, 2012

Collinsville resident Jacqueline Hoffmann and her three daughters hope the Madison County Foreclosure Mediation program will help them keep their home.

Following a divorce and job loss in 2010, Hoffmann has had trouble paying her $1,100 mortgage payment with her income — unemployment and child support.

“Since I’m unemployed, I don’t have credit enough to get an apartment,” Hoffmann said. “I’ve gone through all the different agencies I can, I’m trying like everything I can. All I need is for my house payment to come down and I’ll be more than happy to pay.”

That’s why Hoffmann has turned to the newly formed circuit court-based program for residents in Madison and Bond counties. Since the mediation program started in June, it has helped 19 homeowners protect their homes from foreclosure, according to administrator Linda Jun.

Jun said the mediation program helps lenders and borrowers come to an agreement on how to stop the borrower’s home from being foreclosed, or sold by the lender to cover the unpaid loan balance.

“The mediation brings the parties to the table to an alternative arena to the court to explore alternatives, to see if the case can be resolved without a judgment and foreclosure,” Jun said.

County residents are notified that they are eligible for the foreclosure mediation program when they are served with foreclosure court documents. Jun said the homeowner also gets a notice about the program with a request for the homeowner’s information.

Jun said there are usually two pre-mediation meetings held with the homeowner so that he or she can gather all of the required documentation. The full mediation session involves a meeting between the lender and their attorney and the homeowner and their attorney or advocate. It is overseen by one of the 12 attorneys or experienced mediators who volunteer for the program.

Read more: http://www.stltoday.com/suburban-journals/illinois/news/new-county-program-helps-homeowners-keep-their-homes/article_32bfdd5f-8b36-50b6-a317-2092537b53a7.html#ixzz1mg9IZMJY

Staff Reductions Hit Legal Aid Programs

Staff Reductions Hit Legal Aid Programs

LSC Media Contact:  Elizabeth Arledge, Communications Manager

Washington, DC—The nonprofit programs funded by the Legal Services Corporation (LSC) to deliver civil legal assistance to low-income Americans are implementing layoffs and staff reductions because of budget constraints, a survey conducted by LSC found.

According to the survey, LSC-funded programs anticipate laying off 393 employees, including 163 attorneys, in 2012.  The reductions continue a staffing downturn that began about a year ago. In December 2010, LSC-funded programs employed 4,351 attorneys, 1,614 paralegals and 3,094 support staff. During 2011, LSC programs reduced their staffing by 833 positions through layoffs and attrition. They now anticipate a new round of layoffs this year, bringing the staffing loss to 1,226 full-time personnel.

The survey was conducted in late December and early January, and 132 of the 135 nonprofit legal aid programs funded by LSC responded.

“These staff cutbacks are devastating,” LSC President James J. Sandman said. “At a time when low-income families are increasingly seeking legal assistance with matters involving domestic violence, foreclosure, veterans’ benefits and other matters, I am very concerned that these staff reductions will lead to reduced services for the most vulnerable among us.”

LSC-funded programs have experienced a decline in LSC and state grants, funds from Interest on Lawyers’ Trust Accounts (IOLTA), and other revenue sources over the last two years. LSC—the nation’s single largest funder of civil legal assistance—received $348 million from Congress for Fiscal Year 2012, down from $420 million in Fiscal 2010.

LSC was established by the Congress in 1974 to provide equal access to justice and to ensure the delivery of high-quality civil legal assistance to low-income Americans. The Corporation currently provides funding to 135 independent nonprofit legal aid programs in every state, the District of Columbia and U.S. territories.

The Corporation’s grants help address the civil legal needs of the elderly, veterans, victims of domestic violence, individuals with disabilities and others with pressing civil matters. More than 60 million Americans have incomes at or below 125 percent of the federal poverty line and qualify for civil legal assistance—an income of $13,613 for an individual and $27,938 for a family of four.

http://www.lsc.gov/media/press-releases/staff-reductions-hit-legal-aid-programs

Legal wrinkle creates debate over ‘debtors’ prisons’ in Illinois

Senior Attorney Sandi Gordon of our Southern Regional Office is quoted extensively in this article.  This piece does a very good job of explaining the process that leads to the arrest of debtors.

By DOUG FINKE (doug.finke@sj-r.com)

The State Journal-Register, Jan 21, 2012

Robin Ebersohl left her job at a Wal-Mart in Montgomery County to drive back to her home in Livingston.

During the trip, she was stopped by police.

“I knew my muffler was bad, but I just kind of chanced it,” Ebersohl said.  “He pulled me over, and I thought I would just get a fix-it ticket or something.”

What Ebersohl didn’t know was that a warrant had been issued against her in Macoupin County for failure to appear in court on a debt collection issue.

“I didn’t know what I was supposed to appear to,” said Ebersohl, who said she never got a notice that she was due in court.

Instead of going home that day, she was taken to jail. Ebersohl said she spent the night in the Montgomery County Jail and then was transferred to Macoupin County, where she spent three more days in jail.

“Until the first of November, when my dad got his pension check,” she said, when she was bailed out.

Ebersohl’s case occurred in 2007, but state officials said they are hearing more often about people with outstanding debts being sent to jail.

Debtors’ prisons outlawed

“In Illinois, in the Constitution, it says you cannot be jailed, put in prison, because you don’t have an ability to pay your debt,” said Attorney General Lisa Madigan. “We outlawed debtors’ prisons in the 1800s.”

Read the entire article at: http://www.sj-r.com/top-stories/x1069934542/Legal-wrinkle-creates-debate-over-debtors-prisons-in-Illinois?zc_p=0