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 December 6, 2005, New York Times Editorial

Separate and Inequitable

When the Republicans won control over both houses of Congress in 1994, they declared war on the federally financed program that assists poor people with civil legal problems. While they stopped short of abolishing the program, they imposed deep budget cuts and pernicious restrictions designed to handcuff and muzzle lawyers for the poor.

In 2001, a 5-to-4 Supreme Court majority struck down one of those restrictions, an attempt to bar lawyers for the poor from challenging welfare laws. Now there is hope that another far-reaching limitation, the "separate facilities" rule, may be headed for extinction. This rule applies to poverty-law programs that receive federal money and wish to use funds from private charities and local and state governments to pursue class-action lawsuits and other types of cases barred by Congress. To do so, they must maintain a physically separate office, a prohibitively expensive undertaking.

But a federal district court has ruled, correctly, that there is "no legitimate justification" for the duplication of costs and has declared the separate-facilities rule an unconstitutional restriction of free speech. The federal Legal Services Corporation appealed that ruling, which is before a three-judge federal appeals panel in Manhattan. In arguments last month, Burt Neuborne of the Brennan Center for Justice at the New York University School of Law said the rule hobbled the representation of poor clients. He noted that the Bush administration did not require religious groups that receive federal funds to offer secular services, like counseling, to maintain a costly separate operation for that work.

The fact that Washington provides money for legal representation does not give it unlimited authority to control what lawyers say or do, or to restrict the use of private money so severely. The appellate court needs to make that crystal clear.

December 7, 2005, New York Times Letter to the Editor

Hobbling Nonprofits

To the Editor:

Re "Separate and Inequitable" (editorial, Dec. 6):

The "separate facilities" rule applied to legal services organizations isn't a matter of concern only for the courts.

Congress, too, can fix this dangerous rule, which forces cash-strapped nonprofits to waste charitable donations on separate offices instead of on assisting the needy.

By acting, Congress will ensure that many more vulnerable, low-income people have access to civil legal counsel.

Last week, the National Council of Churches and 30 other faith-based organizations called on Congress to do just that, both because the separate-facilities rule hurts low-income families and because it threatens public-private partnerships.

It's time for Congress to stand up for those who without a helping hand from legal services organizations and the shared blessings of others have no place else to turn for legal help.

(Rev.) Eileen W. Lindner
Deputy General Secretary for Research and Planning
National Council of Churches U.S.A.
New York, Dec. 6, 2005

NCC News, Philip E. Jenks, 212-870-2252,; Leslie Tune, 202-544-2350,


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