NEW YORK — A judge in Brooklyn yesterday rejected provisions of a federal law that opponents say deprived poor people access to legal advice in housing, family, consumer and other types of civil cases.
The ruling, by U.S. District Judge Frederic Block, upheld arguments by three New York-based programs that offer free legal services for low-income individuals and families. All three plaintiffs were represented by the Brennan Center for Justice at New York University School of Law.
The groups argued against a law enacted by Congress in 1996 that barred private nonprofit organizations that received federal funding through the Legal Services Corp. from defending poor people in certain cases.
The restrictions prohibited the programs from representing clients in class actions; educating potential clients about their rights and then offering to represent them; representing clients before legislatures; representing many classes of illegal immigrants and all people in prison; and collecting attorneys' fee awards in winning cases.
An additional restriction prohibited programs from engaging in work even if they paid for those cases with money from nonfederal sources. Block ruled the private money restriction violated the plaintiffs' First Amendment rights.
The ruling means the groups may now engage in the activities barred by Congress, as long as they provide separate programs, maintain separate public areas for LSC-funded activities and maintain separate accounting and timekeeping records.
The ruling applies only to the three New York groups but could open the possibility for hundreds of others around the country to follow, the Brennan Center said in a statement yesterday.
"We will be able to use resources more effectively to expand legal services to families facing eviction, elderly victims of predatory lending, disabled children in need of medical care and immigrant workers wrongly deprived of their paychecks," said Andrew Scherer, executive director of Legal Services for New York City, one of the three plaintiffs.
The other two plaintiffs were South Brooklyn Legal Services and Farmworker Legal Services of New York.