Making Appropriations for Science, the Departments of State, Justice, and Commerce, and Related Agencies for Fiscal Year 2006--Continued
MAKING APPROPRIATIONS FOR SCIENCE, THE DEPARTMENTS OF STATE, JUSTICE, AND COMMERCE, AND RELATED AGENCIES FOR FISCAL YEAR 2006--Continued
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Mr. DURBIN. Mr. President, I am pleased to speak in support of Senator HARKIN's amendment to add $38.2 million to the reported funding level for the Legal Services Corporation, and am proud to join him as a cosponsor. I was one of 47 colleagues joining in a bipartisan letter in June urging the subcommittee to support the Legal Service Corporation quest for $363.8 million.
Liberty and justice for all is one of America's most cherished principles, and a fundamental part of the very fabric of our Nation. Our Founding Fathers fought a revolution for it. Thousands of brave men and women since then--from Abraham Lincoln to Susan B. Anthony to Martin Luther King and all who fought with them--risked their lives to ensure that the principle of justice for all truly applied to all Americans. And today, thousands of men and women of our armed forces are fighting and sacrificing their own lives to secure these freedoms for the people of Afghanistan and Iraq.
Justice for all knows no political exclusivity. It is not a Democrat or Republican value, but an American value. At the opening of each and every session of this Senate, we stand together and pledge our allegiance to this founding principle. Millions of schoolchildren pledge their allegiance every day to this fundamental tenet of our country.
Yet today in Illinois and throughout the United States, we are falling far short of fulfilling our Nation's promise of ``justice for all.''
A recently released study, ``The Legal Aid Safety Net: A Report on the Legal Needs of Low-Income Illinoisans,'' found that over the course of a year, tens of thousands of less fortunate Illinois residents were unable to obtain legal assistance that was often critical to their safety and independence. Hundreds of thousands more attempted to solve often complex legal problems on their own.
Studies in other parts of the country have reached similar conclusions. Millions of Americans are being shut out of our civil justice system, with grave consequences for themselves personally and for our country as a whole when legal assistance is not available to them. We are a long way from fulfilling our Nation's promise of equal justice for all.
This widespread lack of access to justice can only be described as a crisis for our country, and with increases in the poverty rate compounded by the vast devastation to so many of our fellow citizens caused by Hurricane Katrina, it will only get worse if we do not act.
Those being left behind by the alarming gap in access to our justice system are our friends, relatives and neighbors. They are children, families and the elderly of diverse creeds and backgrounds, and they often are the men and women fighting for our country and their families.
The story of a young man in our armed forces from Galesburg, a small city in the western part of Illinois, is a prime illustration. Before being deployed to Iraq, he visited Prairie State Legal Services, an organization funded by the Legal Services Corporation that serves residents in 36 mostly rural counties in northern Illinois, to seek help in getting a power of attorney and will prepared so that if something happened to him his family would know what to do.
Other examples of the Americans who are helped every day by legal aid groups funded by the Legal Services Corporation--and for too many of whom help is not available--include a woman and her children victimized by domestic violence seeking an order of protection and child support to give them a fair chance to start a new life, a senior couple facing foreclosure of the only home they have ever lived in after being victimized by consumer fraud, a World War II veteran who served his country so well but now is being denied the benefits we have promised him, and numerous other less fortunate residents facing legal matters critical to their safety and independence as they try to pursue the American dream.
The legal aid system in Illinois is able to address only a small fraction of the civil legal problems encountered by low-income Illinoisans. The ``safety net'' is inadequate and fraying. Low-income Illinoisans faced over 1.3 million civil legal problems in 2003--from child custody disputes to mortgage foreclosure to physical and financial elder abuse. Low-income Illinoisans had the assistance of an attorney for only one of every six legal problems they encountered. Illinois's legal aid system is facing critical shortage of resources, with layoffs and hiring freezes becoming widespread at programs throughout the State.
The Legal Services Corporation has historically been grossly underfunded. In 1996, Congress reduced funding by 33 percent--from $415 million to $278 million, resulting in closure of more than 100 legal aid offices across the country. By fiscal year 2003, the appropriation had been increased to $338.8 million, but levels have steadily declined as a result of Government-wide reductions.
The Legal Services Corporation has already had to absorb $9 million in cuts over the last 2 years. That translates to almost 200 attorney positions across the country who are no longer helping those in need of legal assistance. Just in the last 2 years, the number of people that were able to receive needed services declined from 978,000 to 901,000. Three States are experiencing layoffs and many other States have a hiring freeze in place that has led to as many as one third of the staffing positions being vacant.
While it is not the Federal Government's responsibility to be the sole source of legal aid funding, the Federal Government has a significant role to play in partnership with State and local governments, the legal community and other public and private sources.
The need and the cost effectiveness of increased funding for civil legal aid have been amply demonstrated. The excuse that there is not enough money is no longer acceptable. We are failing to protect the legal rights of too many of our most vulnerable residents.
But if Congress adopts the Harkin amendment reflecting the bipartisan Legal Services Corporation Board's funding request, it would mean almost $1 million in additional funding for Illinois programs over last year's appropriation and thereby ensure services for thousands of lower-income Illinois residents.
By contrast, if the appropriation remains at the $324 million level in the underlying bill we are considering, it will result in additional cuts of more than $200,000 for Illinois programs. Attorneys throughout Illinois already contribute more than $5 million annually to civil legal aid, as well as providing hundreds of thousands of hours of pro bono services. While members of the legal community must continue to be leaders in this effort, they cannot do it alone. Congress must step up to the plate.
Access to and availability of legal services will be even more acute in the coming months as thousands of victims of the devastation in the wake of Hurricane Katrina grapple with housing, unemployment, and other complicated assistance programs. Prior to Hurricane Katrina, there was already a critical need for an increase in the budget for legal services programs. Between March and May of 2005, legal service programs across the country were forced to turn away 50 percent of people eligible for assistance. An additional 20 percent were forced to make due with less legal help than necessary.
By adopting this very modest amendment offered by Senator HARKIN, we can ensure that tens of thousands more Americans like those I described have access to critical legal services that will enable them to continue to be independent and productive members of our communities.
Senator HARKIN's amendment would merely restore Legal Services Corporation funding to its level from 2 years ago when adjusted for inflation. It is only a modest increase from last year's $335 million pre-rescission funding level, yet it would help ensure services for tens of thousands of Americans are protected. It will help give them access to reliable web-based legal information and resources, legal aid hotlines, and extended representation by legal aid attorneys in more complex matters.
I hope we will all join in full support of Senator HARKIN's reasonable amendment. Let's demonstrate that ``justice for all'' is a meaningful commitment--and never becomes a meaningless cliche.
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