2005 ARKANSAS KOLTA GRANT RECKPKENTS LEGAL AKD TO TK-JIE POOR, 2005 HKGHLKGHTS CENTER FOR ARKANSAS LEGAL SERVICES (Center)
$140,750 Providing quality legal representation to low-income Arkansans in Arkansas, Ashley, Bradley, Calhoun, Chicot, Clark, Cleveland, Columbia, Conway, Crawford, Dallas, Desha, Drew, Faulkner, Franklin, Garland, Grant, Hempstead, Hot Spring, Howard, Jefferson, Johnson, LaFayette, Lincoln, Little River, Logan, Lonoke, Miller, Montgomery, Nevada, Ouachita, Perry, Pike, Polk, Pope, Prairie, Pulaski, Saline, Scott, Sebastian, Sevier, Union, White and Yell counties. -The Center continued to offer outreach activities to lowincome and elderly clients. Presentations were made in Arkansas, Crawford, Drew, Garland, Jefferson, Johnson, Pope, Pulaski , Sebastian, Union, and White Counties. -As part of the Arkansas Legal Services Partnership (ALSP), the Center's attorneys have created, edited or added over 400 documents for the use of Legal Services staff and pro bono attorneys. In addition, the Online Legal Library serves the Legal Services' clients and the public and may be accessed at www.arlegalservices.org Special sections were developed for 2005, including sections on Hurricane Katrina disaster relief information, legal glossary for non-lawyers, non-English resources and materials, and donations. -ALSP also developed wallet-sized cards listing the web address and brochures describing information available on the website. The Partnership also completed a mass mailing about the website to the pro bono community of lawyers and to 46 public libraries around the state that host Virtual Law Office sites. -The Center continued to operate the legal Helpline, providing low-income clients statewide with free legal advice and information. The statewide tollfree number is 1-800-9LAW-AID. Ms. Jean Turner Carter is Executive Director of the Center:
LEGAL AID of ARKANSAS (lAA) $93,750 Providing quality legal representation to low-income Arkansans in Baxter, Benton, Boone, Carroll, Clay, Cleburne, Craighead, Crittenden, Cross, Fulton, Greene, Independence, Izard, Jackson, Lawrence, Lee, Madison, Marion, Mississippi, Monroe, Newton, Phillips, Poinsett, Randolph, St. Francis, Searcy, Sharp, Stone, Van Buren, Washington, and Woodruff counties. - Lee Richardson became Director of Legal Aid of Arkansas after serving as Acting Director during most of 2005. He has
worked as an attorney fo r 17 years, with 15 years devoted to Legal Services. He supervised the program's legal work, made staffing decisions for cases accepted through the Helpline, and supervised the Managing Attorneys. He also handled some cases. -Rodney Chedister was a staff attorney in the Jonesboro office from July 2002 through November 2005. Prior to leaving he closed 112 cases, including 86 cases involving representation of victims of domestic violence. -William Everette joined the Helena office in September of 2004 and was Managing Attorney of that office during 2005. He has 20 years of experience as an attorney in public service law including the U.S. Navy, social security, the Equal Employment Opportunity Commission, and veterans affairs. -Barbara Griffin was the Managing Attorney for the Newport office of LAA. She also served as District Judge in Newport, working four days per week for LAA. Ms. Griffin continued to specialize in housing cases including federally subsidized housing authorities. -Farhan Khan joined LAA in February in the West Mempis office. He worked as a Staff Attorney until he resigned in September. -Margaret Reger, Managing Attorney in the Harrison office for 20 years and with 30 years' legal experience, worked as a solo attorney in this five-county office. Her caseload included domestic violence, divorce and custody matters. The Administrative Office of the Courts certified her to handle dependency/neglect cases in juvenile court. -Sherri Stewart, Managing Attorney of the Mountain View office for 15 years, was also certified under AOe protocols to represent chi ldren and parents in juvenile court proceedings. She served as the area's Community Education Assistant, developing and delivering presentations on a variety of legal issues at outreach events. She writes a regular newspaper column on legal issues and information. -Ebony-Azizi Sylla, joined LAA in September as a Staff Attorney in the West Memphis office. A 2002 graduate of Boalt Hall School of Law at the University of California at Berkley, she is licensed in Arkansas, California, and Tennessee. She represents victims of domestic violence in Crittenden and Cross counties and in the Osceola District Court of MissiSSippi County. -Jeanette Whatley, Managing Attorney in the West Memphis office, also served as Director of LAA's Housing Unit. The Arkansas Department of Finance & Administration certified her to teach first-time homebuyers about homeowner issues such as closing, budgeting for maintenance and repairs, etc.
ARKANSAS VOLUNTEER LAWYERS FOR THE ELDERLY (AVlE) $4,750 AVLE is a joint venture of the Arkansas Bar Association, the states' two Legal Services programs, and the Department of Human Services, Division of Aging and Adult Services. AVLE staff works closely with the Legal Services programs and the Area Agencies on Aging to insure older Arkansans get the legal representation they need. -579 volunteer attorneys served on AVLE's panel in 2005. -Private attorney volunteers assisted AVLE staff with making presentations to senior citizen groups. -Mr. Jim O'Hern of Ft. Smith was selected as the AVLE Attorney of the Year. He donated 75.5 hours to the AVLE program for the year. -Thirty-four (34) attorneys who donated 20 hours or more to the program were considered for the award received by Mr. O'Hern. -AVLE sponsored the annual dessert after hours reception at the Arkansas Bar Association meeting in Hot Springs. The dessert and coffee reception honors all active AVLE attorneys. Ms. Catherine Edwards is Director of AVLE.
EQUAL ACCESS TO JUSTICE PRO BONO PANEL (EAJP/LAA) $4,750 -Volunteers on the EAJP panel handled cases involving adoption, deceptive trade practices, protective orders, debt collection, guardianships, divorces, Medicaid and nursing home issues, property matters, Social Security, and wills. -Presentations were made to to community groups by EAJP staff and volunteer attorneys on Preparing a Will, What I Need to Do to Pass My Property to My Heirs, Housing Counseling, Medicaid Prescription Drug Coverage, LAA Delta Reconfiguration and Black Land Loss, and the services provided by Legal Aid of Arkansas and its Pro Bono Panel. -Mr. Don Kendall of Benton County received the Outstanding Service Award for volunteering over 50 hours of pro bono legal services to the citizens of Benton County. -A direct mail campaign soliciting donations from private attorneys in the LAA service area was conducted in November and December. The campaign resulted in $9,345 in unrestricted funds for LAA. -The EAJP and the Washington County Bar Association continued to send two volunteer attorneys each month to the Fayetteville Adult Education Center to assist adults in the literacy program with their legal problems and questions. -The Arkansas Pro Bono Partnership-consisting of
Mr: Lee Richardson is Executive Director of Legal Aid of Arkansas.
Volunteer Attorneys Assist Clients HFor The Good"
~ "*A1rs. Mullens contacted the Center for Arkansas Legal Services needing legal assistance to obtain the deed to a home she had purchased. The seller refused to release the deed because he said she still owed him money. The contract stated a purchase price of$12,000 with a $625 down payment and monthly payments of$250 for three (3) years with no accruing interest. *Mrs. Mullens had proof ofevery payment she made by cancelled check. *Mrs. Mullens wrote the seller a letter stating that her balance was $446 In response to her letter, the seller called her and said he agreed with her and was going to fix some items that she had requested to be repaired Even though the seller never did malce the repairs, *M rs. Mullens paid him the final payment. After the final payment was made, the seller stated that our client still owed him money and refused to provide her with a deed. The case was refirred to a private volunteer attorney. After many hours of negotiation, the pro bono attorney was successful in reaching a settlement without litigation and *Mrs. Mullens received the deed to her horne. "
-Between October 1 st and December 31 st more than 70 new members were recruited for VOCALS and over $160,000 was received in contributions for the VOCALS campaign. The program's administrators were Ms. Patricia Young, Pro Bono Coordinator, Little Rock and Ms. Shannon Eversole, VAP Pro Bono Coordinator:
"*Mrs. Ryburn, a 71-year-old woman, was placed in a Benton County nursing home following II sel"ies ofstrolees. Her son, who lives in New l'dexico, was named her guardian in 1!J!J!J. *Mrs. Ryburn's daughter wished to have her moved to a nursing 170me in Tulsa, Olelahoma, becau.se that is where the majority of the famifJ resides; howevel; the guardian bloclud all efforts to relocate *M rs. Ryburn. Legal Aid ofArkansas met with *Mrs. Ryburn as well as her ombudsman and the social worleer at the nursing home and ascertained that the client was in her sound mind and that it was, indeed, her wish to return to Oklahoma. A hearing was held, and the Judge agreed that *Mrs. Ryburn was competent to make such a decision for herself She has since moved to a nursing home in Tulsa, and Legal Aid ofArkansas referred her to the appropriate Legal Services program in Oklahoma to have the guardianship dissolved. "
:4 private volunteer attorney for Legal A id ofArkansas in Fulton County accepted the case of *Ms.
Henry, a terminally ill mother with two boys ages 13 and 18. The attorney prepared a trust, a warranty deed and bill ofsale, a will, and an Advanced Health Care Directive for *Mrs. Henry. The client reported back to Legal Aid about the kind treatment and excellent service she received. " ~ "*jlr1rs. Barnett, a 51-year-old woman, had been working since age 16, primarily as a nurse's aid and then as a certified nurse's assistant, both for nursing homes and private patients. However, du e to numerous medical problems, she could no longer work at her job. Her medical condition included diabetes, neuropathy, high blood pressure, arthritis, lung and chest pain, depression and anxiety, cataracts, and carpel tunnel syndrome. *Mrs. Barnett had applied for disability benefits six (6) times before contacting the Center /or Arkansas Legal Services for legal assistance. She had applied again and was waiting/or an Administrative Law Judge hearing to be scheduled The client's case was referred to a pro bono attorney for representation. The pro bono attorney prepared *1'vfrs. Barnett's medical evidence and was successfol in representing her at the hearing. *Mrs. Barnett was awarded and M edicaid benefits along with bade pa). "
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~ :4 private volunteer attorney for Legal A id ofArleansas in Benton County accepted the case of *Mrs. Lightle, a 23-year-old woman whose husband was killed in combat in Iraq. The client and her husband had one child together; however, the United States Army would not fornish the child with benefits until a guardianship was established. In response to a client satisfaction survey, *Mrs. Lightle reported that the volunteer attorney had done an excellent job assisting her. "
~ "*Mrs. McKenzie contacted the Center for Arkansas Legal Services about getting help to care for her disabled sistel~ *Mrs. Robertson. *Mrs. Robertson, who was six months pregnant, suffered from drug induced schizophrenia and was unable to make decisions fo r herself She was in Little Rock at the State Hospital at the time *Mrs. McKenzie made contact with the Centel: A private volunteer attorney obtained a guardianship for the client. "
INl FIl.R'l ON I AWYFItS' TRUS r ACCOUNTS
Services meet the /egal needs of poor people in Pulaski County. Through a cooperative venture between eight central Arkansas bar associations, individual attorneys and the Center, over 840 volunteer lawyers now provide free legal assistance to poor people in the Center's 44-county service area. -Mr. Sam Hilburn and Mr. Christopher Barrier were named VOCALS Attorneys of the Year. -The Center continued its partnership with the UALR Bowen School of Law to recru it law students to help with pro bono work. Seven (7) law students volunteered on a regular basis to work on the Helpline, answering calls and interviewing clients. They also worked on legal education materials and created "Fact Sheets" on common legal problems. -The Arkansas Pro Bono Partnership-consisting of VOCALS, AVLE, VAP and the EAJP-met during the annual meeting of the Arkansas Bar Association. The Partnersh ip sponsored a joint recruitment booth at the Exhibit Hall of t he meeting, providing demonstrations for attorneys of the Online Legal Library, which is available to attorneys who volunteer to take pro bono cases.
"*Mrs. Madison, a victim ofdomestic violence, contacted the Center for A1'ieamas Legal Services. She had been married for 14 months. Two wee/?s after she told her husband that she was pregnant, he left her and moved in with a girlfriend. During their separation, *Mr. Madison obtained a $100, 000 life insurance policy on *Mrs. Madison . Husband and girlfriend then plotted to lei/I *Mrs. Madison, who was then five months pregnant. The husband and gir/ji"iend hired a man to murder *Mrs. Madison for $12, 000 ofthe life insu1"ance proceeds. Various methods for leilling her were considered, including sabotaging the client's car, shooting hel; 01" blowing up her car. The man hired to murder *Mrs. Madison and her unborn child ultimatefJ contacted the police and revealed the plot, which led to the arrest of *Mr. Madison and his gir/ji'iend After a two-day trial the jury deliberated onfJ 25 minutes before returning a guilty verdict against *Afr. Madison. He was sentenced to 25 years in prison. The Center filed a divorce action on the client's behalfshortly after the arrest ofher husband. *Mrs. Madison was awarded the divorce, permanent custody ofthe child, and a restraining order. "
:4 private volunteer attorney for Legal A id ofArl?ansas in Jackson County accep ted the case of
IOLTA
VOLUNTEERS' ORGANIZATION, CENTER FOR ARKANSAS lEGAL SERVICES (VOCALS) $7,250 VOCALS won the prestigious Harrison Tweed Award' in 1985. The program was started in 1982 by the Pulaski County Bar Association in an effort to help the Center for Arkansas Legal
Attorneys for the Legal Services programs in Ar'kamas handled the following cases in 2005. While the cases are rea£ the *names are fictitious to protect client identity.
*Mrs. Maris, who sought to divorce her husband H e had beaten her up and criminal charges had to be filed. At the time of application *Mrs. Maris' husband was continuing to threaten her. The attorney successfully obtained a divorce for *Mrs. Maris and the client reports that she got all ofwhat she wanted and that she was very satisfied with the way her case and legal option.f were explained to her. "
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Ms. Susan Purtle served as Pro Bono Coordinator of the EAJP.
Legal Services Help People Who Need Help
The following legal matters were handled for free by attorneys in p rivate practice who volunteered their legal services to pro bono (meaning "for the good") programs in their communities. While the cases are real, the *names are fictitious to protect client identity. ~
VOCALS, AVLE, VAp, and the EAJP-accomplished several of its goals during this time. A list of pro bono lawyers was published in the Arkansas Lawyer, badges at the Annual Meeting of the Arkansas Bar Association identified pro bono lawyers, and prominent pro bono exhibit space was provided by the Bar for recruitment purposes.
"*Mr. and "Mrs. Womade took out a second mortgage to put siding on their home. Because ofserious medical problems, they were unable to keep up their payments. They were both in their late sixties with little flr7'nal education. *Mr. and *Mrs. Womacle were not aware that they had been served with a lawsuit by the holder ofthe second mortgage because they thought they had to be served in person by a deputy sheriff. Since they failed to respond to the lawsuit; a default judgment was entered against them and their property ws scheduled to be auctioned offon June 28th . A neighbor saw the foreclosure notice published in the local paper and told *M r. and *Mrs. Womack about it. The couple contacted the Center on June 15th, just twelve days before the foreclosure sale. A Chapter 13 bankruptcy case was filed on June 22, and theflrecl()sure sale was stopped. The banleruptcy gave the clients time to get their debts under contra! and save their home. " "*Mr. Conner, an 83-year-old Greene County man, required the services of an ambulance to transport him 27 miles to the hospital because his wife is legalfJ blind and his medical condition made him unable to sit upright. The client's HMO refused to pay for the ambulance because his situation was not considered life threatening. The emergency medical services provider billed *Mr: Conner for more than $1,200. Legal Aid ofArkansas assisted *Mr. Cormer with his appeal and was able to document that he had no othel" way to get to the hospital and that his medical condition would have become life threatening if he had not sought medical care. An Administrative Law Judge found in *M r. Conner's favor and ordaed Medicare to pay the bill. " "*Mrs. Frances, a mother with a teen-aged son, was employed as a nune'r aid and private sitter of the elderly. She was in1Jolved in a three-vehicle accident; and tf7e insunr ofone of the vehicles' demanded damages from 17er ofalmost $10,000. Because she was unin.sured, the Arkansas Safety Responsibility Section suspended her driver's license. *Mrs. Frances found herself with no running auto, no job, and no license to drive even a borrowed vehicle to loole for work The Center assisted her with bankruptcy, which discharged her debts, restored her d1-iver's License and gave her a fresh start. She was then abLe to find new employment. " "*Mrs. Rankin, a 65-year-old Mississippi County resident, wished to be considered as a relative placement for her grandson who was in foster care. However, she was informed by the Department ofHuman Services that she was listed on the child maltreatment registry for an investigation that had OCCUlTed 25 years previously *Mrs. Rankin denied that she was ever advised that a neglect complaint had been substantiated, and Legal Aid ofArkansas assisted her in requesting and holding an administrative agency hearing. The allegations were determined to be unfounded, and *Mrs. Ranlein's name was ,
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ARKANSAS IOLTA FOUNDATION, INC. INTEREST ON L>\WYERS' TRUST ACCOUNTS
Justice Building, Ste. 0100 • 625 Marshall St. • Little Rock, AR 72201 • Office: (501) 682-9421 • Fax: (501) 682-9415 • E-mail: pointersusie@yahoo.com
IOLTA INTEREST ON LAWYEnS' IRUST ACCOUNTS