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Legal Services Starts Off Budget Talks in Committee

Sen. Carlton "Ital" DoweBudget hearings began in earnest Tuesday in Frederiksted and the Senate Finance Committee started off with testimony from the Office of Legal Services, which is requesting $900,000 in local funds — but said it really needs $1 million.

Legal Services provides free legal assistance in civil cases for those who cannot afford an attorney. Gov. John deJongh Jr.’s budget allocation of $900,000 for Legal Services is an increase over last year’s local funding of $750,000. Legal Services also receives federal funds, money from United Way and from Human Services, for a 2010 estimated budget of $1.5 million. That’s up slightly from 1.4 million in 2009 and 2008.

"Notwithstanding the fact we need $1 million in local funds, we will be most happy if this body approves the $900,000 amount and the funds are actually allotted," said Legal Services Executive Director Richard Austin. The governor’s recommended appropriation will "only allow us to maintain the status quo," Austin said. The local Interest on Lawyer’s Trust Accounts program used to provide about $100,000 a year in revenue, but in 2009 Legal Services got nothing from it and doesn’t anticipate any funding from it this year either, he said.

"We want more money: more for landlord-tenant disputes, more for domestic violence cases, and for employment issues," he said.

In criminal cases, legal counsel is a right and is provided by the Office of the Public Defender. In civil court, no such right exists and Legal Services has to turn away 40 percent of those asking it for assistance, Austin said.

Legal Services needs more money to be able to serve its clients, according to Austin. It has trouble hiring and retaining attorneys because it cannot offer attractive salaries, must turn away many who ask for assistance and cannot devote enough resources to the cases it does take on, he said.

Tuesday’s hearing was a preliminary budget oversight hearing. No bills were presented nor votes taken. Present during the testimony from Legal Services were Sens. Craig Barshinger, Carlton "Ital" Dowe, Wayne James, Terrence "Positive" Nelson, Nereida "Nellie" Rivera-O’Reilly, Sammuel Sanes and Patrick Sprauve.

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