Setback on Legal Services Advocacy Restrictions and Future Steps

Setback on Legal Services Advocacy Restrictions and Future Steps

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December 10, 2009
 
CLPI Colleagues:
 
Yesterday, the House-Senate Conference Committee released its report on the FY2010 Commerce, Justice and Science (CJS) Appropriations Bill as part of an omnibus spending package. The CJS bill, which appropriates funds for the Legal Services Corporation (LSC), unfortunately maintains the existing restrictions against the use of non-federal funds for legislative, administrative or judicial advocacy activities such as lobbying, regulatory reform or class action lawsuits.  
 
The conference report funds LSC at $420 million for FY2010, a $30 million increase over FY2009. The conference report also adopts House language that will remove existing restrictions on LSC grantees seeking court-ordered attorney's fees awards using LSC or non-LSC funds.
 
While the conference did not adopt the Senate's language lifting restrictions on LSC grantees' use of non-federal funds to engage in advocacy-related activities, the Civil Access to Justice Act now pending in both chambers would do so. The Act, S. 718, would reauthorize the Legal Services Corporation Act and lift restrictions on the use of non-federal funds with the exception of actions related to abortion litigation.
 
This could present a more permanent solution than the appropriations process. Thanks to all of your efforts and those of the Brennan Center and other CLPI partners, we have made tremendous progress on removing harmful government restrictions on services for the poor and nonprofit participation in the democratic process. With passage by the Senate and support from the Administration, we have put ourselves in a good position moving forward. As we all know, this is how policy change works. 
 
Many thanks to Emily Savner and Rebeka Diller from the Brennan Center for Justice at NYU School of Law for their continued dedication and leadership on this issue.
 
Thank you again and stay tuned!

Larry Ottinger
President
Center for Lobbying in the Public Interest

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