By Andy O’Brien
Legal advocates are calling on the Maine Legislature to continue funding civil legal aid services for low-income, elderly, immigrant, and veteran Mainers in the state budget. The services exist because people typically don’t have a right to a court-appointed attorney in civil legal matters, so if someone can’t afford to hire a lawyer, they have to handle matters like the threat of eviction, custody of a child, protection from domestic or financial abuse, and access to healthcare on their own.
“Civil legal issues such as eviction, domestic violence, and exploitation can hinder community and workforce stability and create greater societal costs long-term,” wrote the Portland-based Immigrant Legal Advocacy Project (ILAP) in a message to supporters. “State investment in civil legal aid helps people navigate these complex problems, promoting healthier, more productive lives and a thriving Maine culture and economy.”
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According to ILAP, Maine has a “strong civil legal aid infrastructure in place,” but it has been “woefully underfunded.” The main civil legal aid nonprofits in Maine include ILAP, Legal Services for Maine Elders, Maine Equal Justice, Pine Tree Legal Assistance, Volunteer Lawyers Project, and the clinics at University of Maine School of Law.
ILAP and other advocacy groups are backing LD 1022, “An Act to Protect and Increase Access to Justice in Civil Legal Matters for Persons with Low Incomes,” sponsored by Sen. Ann Carney (D-Cumberland). The measure would provide ongoing revenue to be distributed to providers of civil legal services. At press time, the providers are only funded until this summer, which is the end of the current fiscal year.
On February 11, civil legal aid nonprofits testified to the Legislature’s Appropriations Committee about why the funding is so critical to their missions. Dylan Maeby, a staff attorney at Pine Tree Legal Assistance, told the committee about a disabled veteran named Robert from Augusta whom he has assisted. He said the man uses a wheelchair and volunteers at the Togus VA Medical Center in Augusta. The first time Maeby represented Robert was after his landlord decided to make the tenant responsible for paying the electric bill, when that had never been the case. The landlord gave him seven days to pay the $900 bill. Unable to afford to pay it on his fixed income, Robert was facing eviction from his Section 8 housing.
“Thankfully, Robert called me, and I reviewed his lease and Section 8 [Housing Assistance Payments] Contract,” said Maeby. “Noticing that these two documents differed on who was responsible for electricity, I called his landlord, who acknowledged this mistake, dropped the eviction and paid the $900 bill.”
Another time, Maeby said Robert reached out to Pine Tree Legal because his landlord was ignoring his requests for a parking spot without a slope so he could safely enter and exit his van in his wheelchair.
“When Robert and I connected, I quickly put together a formal, written Reasonable Accommodation request,” said Maeby. “This time, the landlord took immediate action, granting our request and installing the appropriate signage to reserve an accessible parking spot.”
The Joint Standing Committee on Judiciary will hold a public hearing on LD 1022 on Thursday, April 17 at 2 p.m. in Room 438 of the Maine State House. For information on submitting testimony visit: https://www.mainelegislature.org/testimony/.
