Linda Stanley’s Post

In the six months since the Pretrial Fairness Act took effect, multiple state agencies have called for additional resources to support the law’s implementation. Our colleagues at the Illinois Network for Pretrial Justice recently dropped a new report, “Investing in Pretrial Justice in Illinois: A Vision for Supporting Communities After the End of Money Bond,” which lays out a framework for holistically addressing these requests while centering the communities most harmed by the money bond system. Read the report here: https://lnkd.in/gyDNQvvm #EndMoneyBail #EndMassIncarceration #CJReform #PretrialFairnessNow

Incapacitated grantors, absent trustees, and disabled beneficiaries make problem trusts worse. What do you do when administering an old, poorly formed trust that no longer serves its intended purpose, a trust whose cost of administration exceeds its benefit, or a trust that doesn't satisfy beneficiaries' needs? This presentation will focus on the Illinois Trust Code and its provisions for resolving problematic trusts, including alternatives to judicial settlement agreements, virtual representation, and decanting. Visit www.nwsepc.org/events to register.

Recently, I had a conversation with a District Judge, who highlighted the significant pressure our court system faces. Funding cuts have resulted in case backlogs and longer hearing times. There's a common saying that courts can readily address all matters. While they strive to do so, recent months have seen challenges like trial adjournments due to a lack of available judges within budgeted hours. This paints a worrying picture. This situation impacts everyone – lawyers, judges, court staff, and most importantly, the people seeking justice. A well-functioning justice system is essential for a fair and equitable society. What are your thoughts on the challenges facing our courts? #fundingcuts #backlog #longerhearingtimes #challenges

Are all equal before the law? The settlement of Grant’s case against Murdoch demonstrates that the rich can buy their way out of trouble. CPR Part 36 offers are designed to encourage litigants to settle claims before going to trial. They allow the court to impose financial consequences on the party who refuses a Part 36 offer if the outcome at trial is less advantageous to them than the offer that they refused. If a Defendant has a bottomless pit of money, they can effectively buy out the Claimant by making an offer that is so artificially high in comparison to the value of the case, that the Claimant will face punitive measures imposed by the court for refusing it. This helps to reduce the pressure on the courts, but also allows Defendants to keep secret their wrongdoing. Many claims are (wisely or not) brought on a matter of principle and for the Claimant the day in open court is often the most important thing: to be able to question and expose the alleged wrongdoer and have a judge validate their experience and sanction the Defendant. But the availability of Part 36 offers puts this into jeopardy particularly when facing a better-funded opponent. If justice must be seen to be done, does there need to be any change to the system to introduce more transparency, particularly in a case such as this? Or should it be acceptable that the rich and powerful will never be held accountable so long as they can afford to make an offer that the Claimant can’t refuse? https://lnkd.in/eCsyQbWR #CivilLitigation #Part36 #Murdoch #Grant #transparency

Earlier this month, Mayor Muriel Bowser released an initial budget proposal for Fiscal Year 2025, which among other cuts, proposes to reduce funding for DC’s Access to Justice Initiative by two-thirds – from approximately $31.5 million in 2024 to $10.5 million in 2025. This major reduction in funding will significantly impact over 200 District agencies and community organizations that serve low-income DC residents facing legal challenges. As part of its mission to protect the rights of Iranian Americans and other minority groups, the DC Chapter of the Iranian American Bar Association believes that the proposed cuts to the Access to Justice Initiative will harm District residents who rely on Legal Aid DC and other community-based organizations that provide civil legal services with funding from the Access to Justice Initiative. We echo the calls of the D.C. Bar Pro Bono Center and other civil legal service providers and urge the DC City Council to restore the proposed funding cuts to the Access to Justice Program to avoid devastating impacts to low-income DC residents and the organizations that serve them.

Earlier this week Access to Justice Lab enrolled our 600th and final participant into a study investigating access to justice in debt collection matters. We hope to understand whether proactive outreach with easy-to-use forms and active encouragement to engage with the Self-Help Center helps defendants avoid default and assert affirmative defenses or take the best legal action for their situation. We're working with Hamilton County Clerk of Courts and Rob Wall (snatched up by the National Center for State Courts!). We have randomly assigned a random sample of all filings to either: proactively receive in the mail a simple form and one page letter encouraging (1) use of the form and (2) accessing the self-help center for advice, or not receive that information proactively. We've tracked dispositions and will continue to track them into 2024. Simply put, this study asks: if we tell people about cases filed against them, and provide simple guidance to get help, will they meaningfully engage with that matter? Empowerment is the end game!

Defender Association of Philadelphia supports ACLU-PA’s lawsuit against Pennsylvania for inadequate state funding for indigent defense. In Gideon v Wainwright, the Supreme Court ruled that every individual is entitled to legal counsel in court, regardless of ability to pay. But many public defender offices are so underfunded that they can’t provide proper legal representation. This isn’t just about money—it’s about justice and ensuring that everyone, regardless of their financial situation, gets the constitutionally required effective representation. We appreciate Governor Josh Shapiro’s leadership in adding a $7.5 million line item for public defense in the state budget. It’s a positive step, but public defender offices still rely almost entirely on county funding. This creates a system where the quality of defense varies widely depending on where you live, leading to unequal justice. #fundpublicdefense

NYSBA voices objection to the Governor's transfer of funds designated for low-income New Yorkers. Read our latest article to understand the legal perspective and the implications for vulnerable communities. Read more here: https://lnkd.in/erSZ2Tdt

At the Law Office of Joel E. Segall, we handle many cases where financial support is paramount. In Maryland child support cases, we strictly adhere to the Income Shares Model. ⚖️👶 In our latest blog, explore the legal guidelines and gain comprehensive understanding of the child support process. Read it here: https://lnkd.in/eqYyEKQE . . #FamilyLaw #ChildSupport #LegalInsights #LegalBlog #MarylandLaw #IncomeSharesModel #FamilyAttorney #CustodyMatters #LegalTips #ParentalResponsibility #CollaborativeLaw

At the Law Office of Joel E. Segall, we handle many cases where financial support is paramount. In Maryland child support cases, we strictly adhere to the Income Shares Model. ⚖️👶 In our latest blog, explore the legal guidelines and gain comprehensive understanding of the child support process. Read it here: https://lnkd.in/eYGxCNSy . . #FamilyLaw #ChildSupport #LegalInsights #LegalBlog #MarylandLaw #IncomeSharesModel #FamilyAttorney #CustodyMatters #LegalTips #ParentalResponsibility #CollaborativeLaw