MINUTES
REGIONAL MEETING OF THE
STANDING COMMITTEE ON PRO BONO LEGAL SERVICE AND
LOCAL PRO BONO COMMITTEES
CENTRAL MARYLAND REGION
Turf Valley
2700 Turf Valley Road, Ellicott City, MD 21042
Monday, March 18, 2013
Standing Committee Members in attendance:Hon. Karen Murphy Jensen, Circuit Court for Caroline County (Chair); Ms. Joan Bellistri, Anne Arundel County Circuit Court Law Library; Mr. C. Shawn Boehringer, Esq., Maryland Legal Aid Bureau; Judge Angela M. Eaves, Circuit Court for Harford County; Ms. Antonia Fasanelli, Esq., Homeless Persons Representation Project; Mr. Manuel R. Geraldo, Esq., Robinson & Geraldo; Mr. Michael J. Goecke, Esq., Lerch Early & Brewer, Chtd.; Ms. Sharon E. Goldsmith, Esq., Pro Bono Resource Center of Maryland; Judge Miriam E. Brown Hutchins, District Court for Baltimore City; Ms. Johanna Leshner, Esq., Office of the Public Defender; Mr. Patrick J. Palmer, Esq., Stevens, Palmer & Poltrack, LLC; Ms. Bonnie Sullivan, Esq., Maryland Volunteer Lawyers Service; and Ms. Renée E. Hood, Esq.,Staff Counsel to the Standing Committeeand Pro Bono Resource Center of Maryland.
Special Guest Speakers: Chief Judge Robert M. Bell, Maryland Court of Appeals; and Ms. Susan M. Erlichman, Esq., Maryland Legal Services Corporation.
Representatives from Anne Arundel County in attendance: Ms. Joan Bellistri, Anne Arundel County Circuit Court Law Library (Local Committee Chair); Mr. Scott MacMullen, Esq., Scott MacMullan Law, LLC and MSBA YLS Circuit Representative for Anne Arundel County; Judge Timothy J. McCrone, Circuit Court for Howard County; Ms. Elizabeth Morris, Esq., Office of the Attorney General and Chair of the MSBA Young Lawyers Section;Judge Pamela L. North, Circuit Court for Anne Arundel County; Ms. Christine Poulsen, Anne Arundel County Social Services; and Judge Ronald A. Silkworth, Circuit Court for Anne Arundel County.
Representatives from Carroll County in attendance:Mr. Fred S. Hecker, Esq., Miller & Hecker, LLC (Local Committee Chair); Ms. Erin M. Danz, Esq., Erin M. Danz Law Office; Judge JoAnn M. Ellinghaus-Jones, District Court for Carroll County; Ms. Carol A. Hanson, Esq., Office of the Public Defender for Carroll and Howard Counties; Mr. Nathan E. Hoyle, Esq., attending for Ms. Powel B. Welliver, Esq.; and Ms. E Suzan Miller, Esq., President of the Carroll County Bar Association.
Representatives from Frederick County in attendance:Ms. Jennifer Leigh Rankin, Esq., Jennifer Leigh Rankin, LLC (Local Committee Chair); Ms. B. Lynn MacPherson, LCSW-C, Family Services Coordinator, Frederick County; Mr. Howard Metz, Esq., President of the Frederick County Bar Association; Mr. Stephen J. Musselman, Esq., Office of the Public Defender, Frederick County; Mr. Sean P. O’Keefe, Esq., O’Keefe Legal Services, LLC and MSBA YLS Circuit Representative for Frederick County;Ms. Joanna L. A. Shapiro, Esq., Law Office of Joanna L. A. Shapiro; and Judge Julie Stevenson Solt, Circuit Court for Frederick County.
Representatives from Howard County in attendance: Ms. Cecilia B. Paizs, Esq., Law Office of Cecilia Paizs, PA (Local Committee Chair); Judge Louis A. Becker, III, Circuit Court for Howard County; Ms. Sandy Brewer, Circuit Court for Howard County, Law Librarian; Mr. Dario J. Broccolino, Esq., Office of the State’s Attorney, Howard County; Judge Pamila J. Brown, District Court for Howard County; Mr. Ryan J. Dymek, Esq., Willis Law Firm, PA and MSBA YLS Circuit Representative for Howard County;Ms. Carol A. Hanson, Esq., Office of the Public Defender for Carroll and Howard Counties; Judge Sue-Ellen Hantman, District Court for Howard County; Mr. Kevin Kelehan, Esq., Carney, Kelehan, Bresler, Bennett & Scherr, LLP; Master Mary M. Kramer, Master in Chancery, Howard County; Ms. Lisa Mohink, Esq., Deputy Court Administrator, Howard County; Master Elaine Patrick, Master in Chancery, Howard County; Ms. Mary Pizzo, Howard County Bar Association; Ms. Karin Wilson, Family Services Coordinator, Howard County; and Judge Ricardo D. Zwaig, District Court for Howard County.
Legal Service Providers in attendance: Ms. Anita Bailey, Esq., Maryland Legal Aid Bureau, Anne Arundel County Office; Ms. Patricia Chiriboga-Roby, Esq., World Relief Baltimore Immigration Legal Clinic; Ms. Sarah Coffey Frush, Esq., District Court Self-Help Project; Ms. Katie Cox, Maryland Legal Aid Bureau, Midwestern Maryland Office; Mr. Jaime Farrant, Ayuda; Mr. Blake Fetrow, Esq., Maryland Legal Aid Bureau, Metropolitan Maryland’s Howard County Office; Ms. Sylvie Henry, Esq., Domestic Violence Center of Howard County; Mr. Blaine Hoffman, Esq., Heartly House, Inc.; Ms. Lynda King, Sexual Assault Legal Institute; Mr. Aaron Merki, Esq., The FreeState Legal Project, Inc.; Mr. Pedro Reyes, Foreign-Born Information and Referral Network (FIRN); Ms. Laure Ruth, Esq., Women’s Law Center of Maryland; Ms. Lisa M. Sarro, Esq., Maryland Legal Aid Bureau, Anne Arundel County Office; Ms. Nina A. Shore, Esq., Maryland Legal Aid Bureau, Midwestern Maryland Office; and Ms. Becky Lundberg Witt, Esq., Community Law Center.
Others in attendance:Ms. Carey Moore, Communications and Marketing Manager for the Pro Bono Resource Center of Maryland; and Mr. W. Patrick Tandy, Director of Communications for the Maryland State Bar Association.
Introductions and Welcome.
On behalf of the Standing Committee on Pro Bono Legal Service (Standing Committee), Committee Chair Judge Jensengave a warm welcome to the Local Pro Bono Committees and other attendees, thanking everyone for braving the weather.She asked the Standing Committee Members to briefly stand up and introduce themselves. She explained the Standing Committee’s contributions to the pro bono effort in Maryland and gave an example of how effective the regional meetings can be. In fact, it was through a similar regional meeting a number of years ago on the Eastern Shore that sparked the formation of an organized pro bono program, Mid-Shore Pro Bono. She then spent a few minutes briefly describing the purpose of the gathering: to share ideas, challenges and resources amongst all three counties. The Chair stated that each attendee is an integral part of the legal community, key to promoting pro bono legal service and replicating successful pro bono projects. A copy of the invitation list was included in each attendee’s packet of materials.
Status of Funding of Maryland Legal Services. Susan Erlichman, Executive Director of the Maryland Legal Services Corporation (MLSC), spoke aboutthe status of funding of legal services in Maryland and the two bills addressing this issue that are currently pending in the Maryland Legislature: one to remove the sunset from the 2010 filing fee surcharge (SB 640 and HB 838) and one to increase revenue from the Abandoned Property Fund (SB 809 and HB 1303). The bills have been cross-filed in both the House and the Senate. Unlike in the Senate, where both bills were heard in the same Committee on the same day, in the House, the bills were heard in two separate committees. In the Senate, both the Sunset Repeal Bill (SB 640) and the Abandoned Property Bill (SB 809) were heard on February 19, 2013 at 1:00 p.m. in the Senate Judicial Proceedings Committee. In the House, the Sunset Repeal Bill (HB 838) was heard on March 6, 2013 at 1:00 p.m. in the House Judiciary Committee, and the Abandoned Property Bill (HB 1303) was heard on March 12, 2013 at 1:00 p.m. in the House Appropriations Committee. Susan encouraged all attendees to reach out to their delegates in support of these bills. Background prepared by the MLSC was provided to all attendees in a separate folder.
Brief History and Welcome by Chief Judge Robert M. Bell.Judge Jensen then welcomed Chief Judge Robert M. Bell and asked him to say a few words. She explained that Judge Bell has been a longtime dedicated supporter of the pro bono effort in Maryland. In 2002, he was integral to the creation of the Standing Committee on Pro Bono Legal Service and Local Pro Bono Committees under Rule 16-901 and 16-902 and the adoption of other pro bono rules, such as the reporting requirement under Rule 16-903 and the suggested 50 hour pro bono service under Rule 6.1. Judge Bell thanked Judge Jensen for her kind words and spent a few minutes talking about the importance of pro bono legal service in Maryland. One of the most significant contributions of the Standing Committee has been convincing the Court of Appeals how vital judges are to the local committee work and activation of pro bono services. While the highest court did not want judges to participate initially, it was persuaded by the Standing Committee and the Committee’s important work. Judge Bell was impressed with the Committee’s commitment and strives it has made over the years as well as the strong demonstration of interest in the issue by the attendees.
Setting the Stage: Identification of Legal Needs and Barriers to Pro Bono Engagement on the Lower Shore.
Renée Hoodacknowledged Chief Judge Bell and Susan Erlichman for their support and thanked all who participated in the pre-meeting planning process. Renée explained that in recent weeks, Standing Committee Members conducted interviews with a number of local bar presidents, local pro bono committee chairs, family services coordinators, and legal service providers for Anne Arundel, Carroll, Frederick, and Howard Counties. However, the results of these surveys paint only a small part of the big picture. It does not address why some attorneys provide pro bono legal service, and others do not. What makes it attractive? What motivates them? Are there barriers preventing others from doing pro bono that the Standing Committee, legal service providers, or individuals in this room could help alleviate?
Attorney Involvement. Renée reported that even though there are only 265 full time attorneys practicing in Frederick County based on the reported primary practice location in the 2011 ANASYS Report, over 73% provide some pro bono service, whether it is one hour or 100 hours. Nearly 33% provided over 50 hours of pro bono legal service; based on this number, Frederick is ranked 9th out of 24 counties in terms of the percentage of full time attorneys who provided 50 or more hours of pro bono legal service. Carroll, which has 151 full time attorneys, is ranked 13th, with nearly 68% providing some pro bono hours and nearly 30% providing 50 hours or more. Howard, with 704 full time attorneys, is ranked 22nd, with 56% providing some pro bono hours, and nearly 21% providing 50 hours or more. Anne Arundel, with 1,159 full time attorneys, is ranked 24th, with 54% providing some pro bono hours, and 20% providing 50 or more hours.
Although it varies by county, there are approximately 1,173 poor persons per legal services lawyer in Maryland. Poor persons frequently present with multiple legal issues; this level of need cannot be met by staff attorneys employed by legal services providers. There are simply not enough legal service staff attorneys to meet the need, so pro bono referral programs and pro bono attorneys are essential to the delivery of legal services to the poor in our state.
Challenges to Pro Bono Referral. Renée discussed the challenges to the pro bono referral process: what stars have to align for attorneys to accept a pro bono case, and what factors must be met before a pro bono legal services program can match a potential client with a pro bono attorney. Renée used the belowVenn Diagram to illustrate her point:
Timing of these four factors must be perfect. Otherwise, the client may have to wait weeks or months before being paired with an attorney (even those who qualify for a reduced fee attorney through the Judicare program). At other times, a pro bono attorney willing to take a case in a particular area may have to wait before being provided with a pro bono case because there are no eligible cases in that attorney’s field of expertise at the time he is available and willing to volunteer.
Current Pro Bono Programming in the Central Maryland Region.Renée reported that the Local Pro Bono Committees in Anne Arundel, Carroll, Frederick, and Howard counties have been working hard to meet the overwhelming demand for services during the current economic recession.
Anne Arundel County reconstituted its Local Pro Bono Committee within the last two years and has been extremely active. It coordinates Ask a Lawyer walk-in clinics in both the Law Library (weekly) and the public library (monthly) where volunteer attorneys offer free, limited legal advice on civil matters. It collaborated with the Department of Social Services to provide pro bono legal services during the Sixth Annual Anne Arundel County Homeless Resource Day on Saturday, March 16, 2013. Homeless Resource Days have been replicated in jurisdictions across the state after Governor Martin O’Malley recognized the tremendous benefit they provide to Maryland’s homeless population. The Committee has made presentations to James C. Cawood, Jr. American Inns of Court in Anne Arundel County. The Committee added a pro bono segment to annual “Meet the Judges” program, regularly highlights pro bono programs in the local bar newsletter, and hosts an annual appreciation luncheon for attorneys who volunteer for the Ask a Lawyer programs.
Carroll Countyreceives significant support from the judiciaryand Office of the Family Law Administration and works closely with the Courts and Family Law Administrator to improve the delivery of legal services in Carroll County. Carroll County operates a Family Law Pro Se Clinic two days each week. The Local Committee developed a volunteer recruitment letter that is now sent by the Circuit Court and District Court Judges to all attorneys newly admitted to the Carroll County Bar Association, invited legal service providers to make presentations at local bar association meetings, has met with the Administrative Judge and Clerks of the District Court to develop a pro bono program within the District Court for domestic violence victims, participates in Homeless Resource Days, and is currently working with both the County Attorney and State’s Attorney to encourage the adoption of a pro bono policy.
Frederick County’s Local Pro Bono Committee operates a strong limited-scope representation clinical program. It has partnered with the Legal Aid Bureau to run a monthly Pro Se Bankruptcy Clinic, operates a monthly advice clinic on unemployment insurance, and hosts a Pro Bono Day twice a year. Last summer, volunteer attorneys assisted 160 clients in 4 hours. During the most recent Pro Bono Day, 40 volunteer attorneys served 130 clients. The Committee works closely with the Legal Aid Bureau to screen and place cases in the county, referring complicated family law cases to private firms. The local bar association hosts a fundraiser for Justice for All Fund, which supports legal services in the county.
Howard County works closely with the Howard County Bar Association. It operates two main pro bono programs: a Civil Law Clinic in the public library and the Family Law Pro Se Clinic in the Circuit Courthouse. The Local Committee updates and distributes a client brochure listing available pro bono legal services to the Howard County District and Circuit Courts, as well as local library branches. The Committee has collaborated with the MSBA Young Lawyers Section and Howard County Bar Association to hold a “Wills for Heroes” program, at which volunteer attorneys provided pro bono wills to over 80 members of the Howard County Police and Fire Departments, and volunteer attorneys provided legal advice to inmates at a Women’s Detention Center.
However, even with all of strong pro bono programming operating in Anne Arundel, Carroll, Frederick, and Howard counties, there are not enough attorneys willing and able to provide pro bono legal service to meet the need. In many Central Maryland counties, a large number of attorneys have reported that they simply do not provide pro bono legal service at all. Even so, Renée asked attendees to think positively: these attorneys are an untapped resource.
Based on pre-meeting interviews, many reported that the highest client need is family law. However, there are only a few family law attorneys in each county, and most are tapped again and again, providing more than their fair share of pro bono hours. Housing, employment, bankruptcy, immigration, and foreclosure were also listed as high client needs. Counties have reported an influx of non-English speaking residents, but have very few bilingual attorneys or attorneys fluent in sign language. While obtaining brief advice through a walk-in clinic model may be easily accessible in these counties, obtaining a pro bono attorney to represent a client in court may be a bigger challenge due to income guidelines, lack of volunteer attorneys available to take the cases, or subject matters outside priority.Renée asked the attendees to keep all of this information in mind during the breakout group discussion.
Break-out Group Discussion.
Renée informed attendees that each individual table would become a separate breakout group, with each group discussing one of four topics based on the color assigned to their table: client needs v. volunteer interest and expertise (yellow); volunteer recruitment and retention (blue); collaborating with the bench (green); or pro bono referral process (red). The questionnaires for each breakout group were color coded and located in the left-hand side of the attendee folders. Renée advised that the Standing Committee Member assigned to each table would help facilitate, take notes, and report back to the big group at the conclusion of the breakout session. Groups were given approximately 45 minutes to discuss the issues on the individual breakout group questionnaires, so Renée advised that groups should move along and spend no more than 5–10 minutes per question.