Iowa Legal Aid funding: Find a fix to ensure access to justice

Finances should not be a barrier to justice.

So it is good to see the judicial branch actively seeking solutions to dwindling state and federal funding for Iowa Legal Aid and other organizations that provide low-income Iowans with civil representation.

Although Iowa Supreme Court Chief Justice Mark Cady recently rejected one proposal - which would have raised funds by instituting a $100 annual attorney licensing fee - Iowa courts will, according to Cady, continue to look for solutions to funding shortfalls.

Under federal law, no one facing criminal charges can be denied legal representation, regardless of their ability to pay. No such requirement exists in civil matters, which can include car accidents, business or property disputes, domestic abuse, restraining orders, claims of negligence and, as our recent Sunday editorial noted, forfeiture.

Low-income Iowans in need of such legal assistance often turn to Iowa Legal Aid and its subgrantee, HELP Legal Assistance. The two closed 18,127 cases in 2013, but turned away thousands more because of a lack of resources, according to the group's records.

Those dwindling resources have had a real effect on Legal Aid's ability to meet the statewide need. Legal Aid and HELP Legal Assistance employed 19 fewer attorneys and seven fewer support staff at the beginning of 2014 than they did in 2010, resulting in a one-third decrease in the number of clients they served in from 2010 to 2013, according to the group.

Other solutions to the funding squeeze have been attempted or proposed. For example, last year the Iowa Justices updated a rule that allowed law school graduates to practice for approved non-profits and provide low-cost or no-cost legal services even before they completed bar examinations. But even Cady admits such initiatives haven't been enough to fill the gaps.

'These measures have not been sufficient to meet the current needs,” Cady wrote as part of his recent order. 'The court continues its support for state appropriations supporting civil legal aid assistance and will continue to find opportunities to encourage even more Iowa attorneys to be engaged in pro bono representation.”

Even though the licensing proposal has fallen through, we are glad to see attention being paid to the issue of legal assistance for lower-income Iowans. We urge interested parties to keep working toward a solution.

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