HomeMy WebLinkAboutMINUTES - 12041984 - 1.4 (2) AD: BOARD OF SUPERVISORS Ai � Q
FROM: Phil Batchelor, County Administrator Contra
Costa
DATE: November 30, 1984 County
SUBJECT: State Bar Association Funding for Legal
Services for Seniors Program
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Accept County Administrator's report on oral allegations of Contra Costa County Legal
Services Foundation relative to proposed legal services for Seniors Program and its
relationship to State Bar Association funding.
BACKGROUND:
On November 6, 1984, the Board of Supervisors approved the recommendation of the
Director, Social Service Department, regarding a contract proposal with the United
Council of Spanish Speaking Organizations (UCSSO) for legal advice and representation
for Seniors, and authorized the Director to conduct contract negotiations with UCSSO.
When the matter came before the Board, Mr. Phil Bertenthal advised the Board that
because the County program had no direct attorney representation for Seniors, it did
not qualify for matching funding. He was referring to the Legal Services Trust Fund
Program (LSTFP) administered by the Board of Governors of the State Bar of California.
Concerned that the County is losing money made available by the State Bar to provide
legal services to Seniors, the Board asked the County Administrator to review this
issue and report his findings. We have discussed this issue with both Mr. Bertenthal
and Carl Cole, Director, Office on Aging.
Prior to a 1982 statute, small individual sums held by attorneys for their clients
were kept in non-interest accounts. This program requires the funds to be pooled in
an interest bearing account. Funds for LSTFP come from the interest earned from these
accounts. Eighty-five percent of the funds earned annually from this single account
are to be distributed annually to "qualified legal services projects". The total amount
of these funds are now reported to be $11 .4 million.
To qualify for funding under the LSTFP, an applicant must be either a "qualified legal
servi.res program", or a "qualified support center". A "qualified legal services
program" is a California nonprofit corporation which provides civil legal services as
their primary purpose and function, without charge, to persons who are indigent.
Funding must come from either the Legal Services Corporation Act or the Older Americans
Act.
An exception is made for an agency which receives at least $20,000 in cash funds from
sources other than the Trust Fund Program and which utilizes non-paid, private attorneys
to provide legal representation, training, or technical assistance on matters concerning
special client groups.
/�/✓{
CONTINUED ON ATTACHMENT: X YES SIGNATURE: �3' LL�_
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATURES) ere", 4 / , /.�CFZ' T
ACTION OF BOARD ON nPrPmtlPr 4� 1984 APPROVED AS RECOMMENDED _ OTHER
VOTE OF SUPERVISORS
-L UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
County Administrator OF SUPERVISO ON THE ATE SHOWN.
CC: Office on Aging Director ATTESTED
County Welfare Director I a c e or, Men ot Tneldo=ot
CCC Legal Services Foundation Supervisors and CouniyAdminist00 i18
County Counsel
Ma82/7-e9 BY DEPUTY
-2-
To satisfy the requirements of a "qualified support center", a program must
be either a nonprofit corporation, or part of a nonprofit corporation (in
California or another state) . The program must provide a significant level
of legal training, legal technical assistance or advocacy support to qualified
legal services projects and such training, assistance or support is available
statewide without charge.TIt appears that LSTFP guidelines limit eligible
applicants to programs, such as the Contra Costa County Legal Services Foundation
and perhaps a local bar association or other association of attorneys that is
part of a statewide network. It also appears clear that the reason the senior
legal services program funded by the Office of Aging last year did not receive
funding is attributable to the narrow guidelines for eligible applicants , not
the quality of the program. ) Of the funds available for distribution each year,
85% shall be distributed to qualified legal services projects on a pro rata
county-by-county formula based on the number of persons whose income is 125%
or less of the poverty level income.
Where there is more than one eligible applicant in a county, funds are to be
distributed among eligible applicants on a pro rata basis, based on the amount
of their total budget expended in the prior year for legal services in that county
as compared to the total expended in the prior year for legal services by all
qualified legal services projects applying in that county.
LSTFP guidelines state that: "qualified legal services projects shall make
significant efforts to utilize 20% of the funds for increasing the availability
of services to the elderly, the disabled, juveniles, or other indigent persons
who are members of disadvantaged and underserved groups within their service
area
In summary, this is not "matching money" as we usually understand that term in
connection with county-funded projects. It is directed to closely defined
organizations and specifically would exclude any community-based organization
which does more than administer a legal services project for the indigent. The
Legal Services Foundation is eligible in its own right.
The total amount of funds allocated to our County is not reflective of the design
of our Senior Legal Services Program.
While qualified corporations are urged to use their share to benefit indigent
Seniors among others, there is no requirement to use these funds only for legal
services for Seniors, which is the issue here.
Because of a lawsuit filed in San Diego challenging the program as a confiscation
of private property, the Board of Governors has frozen the funds until the issue
is resolved in the courts. It is anticipated that an appeals court may have
ruled by March, 1985.
The Office on Aging will continue to monitor this matter and the availability of
these funds to aid Contra Costa County Seniors.
00 119