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Senate and Assembly Standing Committees on Judiciary
Senate Standing Committee on Crime Victims, Crime and Correction
Senate Standing Committee on Codes
Senate Standing Committee on Veterans and Military Affairs

NOTICE OF PUBLIC HEARING

Purpose:
IOLA and the future of Civil Legal Services in New York State

When:
Thursday, January 7, 2010, at the Empire State Plaza Concourse, Albany, NY 12247 - Meeting Room 6

Time:
11:00 A.M. - 6:00 P.M.

ORAL TESTIMONY WILL BE BY INVITATION ONLY

Civil legal service providers form a vital part of the web of programs that help protect at-risk New Yorkers and their families. Federal and state funds support the provision of legal services to indigent persons affected by foreclosure, eviction, domestic violence, unemployment, disability and other matters that directly impact family stability and quality of life.

Severe economic conditions swell demand for these critical services while reducing funds available to support them. The New York Interest on Lawyer Account ("IOLA") Fund created in 1983 to expand funding for these vital programs, dramatically lost revenue in 2009 due to economic contraction and historically low interest rates. With only $6.5 million to distribute in 2010, compared to $31 million in 2009, IOLA cannot meet soaring demand for civil legal services at the very time that at-risk New Yorkers most need them. In addition to IOLA, the Legislature has long appropriated monies to support civil legal services. Absent additional funding from the Legislature and from IOLA, the storm of foreclosures, evictions, unemployment and other challenges affecting families statewide will have even more severe impacts.

This hearing will provide the Legislature with information to help its efforts to address the funding crisis for New York's civil legal services programs, so that it may better meet its responsibilities to at-risk New Yorkers and the cause of equal justice under law.



SELECT ISSUES TO WHICH WITNESSES SHOULD DIRECT THEIR TESTIMONY
  1. How are present economic conditions affecting demand for civil legal services and the IOLA Fund?

  2. What is the best way to objectively measure and predict demand for these services?

  3. What is the most efficient and effective structure in which to distribute and administer civil legal service funding?

  4. What is the best way to fund civil legal services in New York? What can be done to stabilize funding, whether through IOLA or another system?

  5. Should an individual's right to counsel in civil matters under existing New York law be expanded to include other civil legal matters where basic human needs are at issue?

Sponsors

Senator Ruth Hassell-Thompson, Chairwoman
Senate Standing Committee on Crime Victims, Crime & Corrections
Assemblywoman Helene E. Weinstein,
Chairwoman Assembly Judiciary Committee


Senator John L. Sampson, Chairman
Senate Standing Committee Judiciary


Co-Chairs

Senator Eric L. Schneiderman, Chairman
Senate Standing Committee on Codes
Senator Eric Adams, Chairman
Senate Standing Committee on Veterans, Homeland Security and Military Affairs


Senator Liz Krueger, Chairwoman
Senate Standing Committee on Budget and Tax Reform (New York City Hearing)
Senator Antoine Thompson, Chairman
Senate Standing Committee on Environmental Conservation (Buffalo Hearing)


Senator Velmanette Montgomery, Chairwoman
Senate Standing Committee on Children and Families (New York City Hearing)
Senator Neil Breslin, Chairman
Senate Standing Committee on Insurance and Member of the Judiciary Committee (Albany Hearing)




PUBLIC HEARING REPLY FORM

Persons wishing to present testimony at the public hearing are requested to complete this reply form as soon as possible and mail, e-mail or fax it to:

Gerard Savage
Committee Counsel
Senate Committee on Crime Victims, Crime and Correction
Legislative Office Building - Room 612
Albany, NY 12247
E-mail: gsavage@senate.state.ny.us
Phone: (518) 455-2061
Fax: (518) 426-6998

and

Amy Maggs
Counsel
Assembly Committee on Judiciary
Alfred E. Smith Building - Suite 1147
Albany, NY 12248
E-mail: maggsa@assembly.state.ny.us
Phone: (518) 455-4313
Fax: (518) 455-3669

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I plan to attend the public hearing on the IOLA and Civil Legal Services funding on Thursday, January 7, 2010 in Albany, NY, 11:00 A.M. - 6:00 P.M.
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I request to make a public statement at the hearing. My statement will be limited 10 minutes and I will answer any questions which may arise. I will provide 20 copies of my prepared statement and CD containing the same information. Selected speakers will be notified before the public hearing.
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I wish to have the attached written statement made part of the record.
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