CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 558

Author:(Petrie-Norris)

As Amended Ver:June 27, 2019

Majority vote

SUMMARY:

Expands the State Bar of California's existing program to coordinate legal service organizations to provide pro bono legal assistance to veterans and their families so that it would also apply to active duty service members and their families who cannot afford legal services. Specifically, this bill:

1. States that the Legislature finds the following:
   1. That securing civil legal assistance is difficult for veterans, services members, and their families who cannot afford legal services, for reasons unique to their military or veteran status.
   2. That the State Bar is uniquely suited to bring together organizations to help coordinate the delivery of civil legal services for veterans and service members and their families.
2. Requires the State Bar to engage with military service providers, as well as local bar associations, legal aid organizations, veterans service providers, and volunteer attorneys, and encourage those groups to provide legal services to veterans and service members and their families who otherwise cannot afford legal services and collaborate, as appropriate, to improve access to and delivery of these services throughout the state.
3. Requires the State Bar to add military service providers willing to provide pro bono legal services to service members to the list of other organizations that provide pro bono legal services to veterans and their families, organized by city and county, and post the list on its internet website.

The Senate Amendments:

Remove definitions of the terms "service member" and "veteran" that are defined elsewhere in existing law.

COMMENTS:

This bill builds on past legislative efforts to provide veterans and active duty service members with access to legal services by requiring the State Bar to engage with local bar associations, legal aid organizations, veterans service providers, military service providers, and volunteer attorneys and encourage those groups to provide legal services throughout the state to active duty service members and their families.

Service members and their families have access to military legal assistance attorneys for advice about routine legal needs regarding such things as wills and powers of attorney, limited family law, and simple contractual disputes. But service members and their families must obtain their own counsel for complex legal actions such as civil litigation, citizenship, immigration, and special needs educational concerns, and generally cannot afford to pay the attorney fees for representation in court. Therefore, connecting service members and their families to organizations providing pro bono legal aid would fill a much-needed gap where legal representation would not create inequity between family members.

According to the Author:

How ironic that you can be arrested for stealing a small amount of food — a box of Twinkies from a convenience store — and you're entitled to counsel. But if your house is on the line, or your child is on the line, or you're being abused in a domestic relationship, you don't have the same right to counsel.

Arguments in Support:

The Department of Defense writes the following in support of the bill:

AB 558 adds active duty service members and their families as beneficiaries to the existing veteran pro bono legal assistance referral program administered by the State Bar. Service members and their families have access to military legal assistance attorneys for advice in simple matters such as wills and powers of attorney. However, for complex legal actions, service members and their families must obtain their own counsel but generally cannot afford to pay the attorney fees for representation in court. Given that over 60% of active duty service members are in the first five enlisted pay grades, connecting service members and families to organizations providing pro bono legal aid, to include representation, would fill a much-needed gap.

Arguments in Opposition:

None on file

FISCAL COMMENTS:

None

VOTES:

ASM JUDICIARY: 12-0-0

YES: Mark Stone, Gallagher, Chau, Chiu, Gonzalez, Holden, Kalra, Fong, Maienschein, Obernolte, Petrie-Norris, Reyes

ASSEMBLY FLOOR: 75-0-5

YES: Aguiar-Curry, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Muratsuchi, Nazarian, O'Donnell, Obernolte, Patterson, Petrie-Norris, Quirk, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

ABS, ABST OR NV: Arambula, Carrillo, Eduardo Garcia, Mullin, Quirk-Silva

SENATE FLOOR: 39-0-1

YES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dahle, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Stone, Umberg, Wieckowski, Wiener, Wilk

ABS, ABST OR NV: Jones

UPDATED:

VERSION: June 27, 2019

CONSULTANT: Alison Merrilees / JUD. / (916) 319-2334 FN: 0001467

 THIRD READING  

Bill No: AB 558

Author: Petrie-Norris (D), et al.

Amended: 6/27/19 in Senate

Vote: 21

SENATE JUDICIARY COMMITTEE: 9-0, 7/2/19

AYES: Jackson, Borgeas, Durazo, Lena Gonzalez, Jones, Monning, Stern, Umberg, Wieckowski

SENATE VETERANS AFFAIRS COMMITTEE: 6-0, 7/9/19

AYES: Archuleta, Hurtado, Nielsen, Roth, Umberg, Wilk

NO VOTE RECORDED: Grove

ASSEMBLY FLOOR: 75-0, 4/4/19 (Consent) - See last page for vote

SUBJECT: State Bar of California: service members: legal services

SOURCE: Author

DIGEST:

This bill amends provisions in the State Bar Act that require the State Bar to administer a program to coordinate pro bono civil legal assistance to veterans and their families who otherwise cannot afford legal services. This bill extends these efforts to active duty service members and their families.

ANALYSIS:

Existing law:

1. Provides that the State Bar shall administer a program to coordinate pro bono civil legal assistance to veterans and their families who otherwise cannot afford legal services. (Bus. & Prof. Code § 6074 (a))

Provides that the State Bar shall engage with local bar associations, legal aid organizations, veterans service providers, and volunteer attorneys and encourage those groups to provide legal services throughout the state. (Bus. & Prof. Code § 6074 (b))

Provides that the State Bar shall provide resources and educational materials to attorneys and the public in order to support the purposes of the pro bono civil legal assistance to veterans program. (Bus. & Prof. Code § 6074 (c))

Provides that the State Bar must compile a list of local bar associations, legal aid organizations, veterans service providers, and volunteer attorneys willing to provide pro bono legal services to veterans, organized by city and county, and posting the list on its Web site. (Bus. & Prof. Code § 6074 (c)(1))

1. Provides that the State Bar must conduct a statewide survey of programs that provide civil legal assistance to veterans in order to identify whether and where there is a need for legal advice clinics, and publish a report and recommendations based upon its findings no later than December 31, 2018, and post the report on its Web site. (Bus. & Prof. Code § 6074 (c)(2))
2. Requires all attorneys who practice law in California to be members of the State Bar and establishes the State Bar for the purpose of regulating the legal profession. (Bus. & Prof. Code § 6000 et seq.)
3. Authorizes the State Bar to increase the annual membership fees by an additional $40, to be allocated only for purposes of providing voluntary support for nonprofit organizations that provide free legal services to persons of limited means. Members have the option of deducting the $40 from the annual membership fee if they elect not to have the amount allocated for the purposes of legal services. (Bus. & Prof. Code § 6033, § 6140.03.)
4. Provides that it has been the tradition of those learned in the law and licensed to practice law in this state to provide voluntary pro bono legal services to those who cannot afford the help of a lawyer; every lawyer authorized and privileged to practice law in California is expected to make a contribution; and in the circumstances where it may not be feasible for a lawyer to directly provide pro bono services, the lawyer may instead fulfill their individual pro bono ethical commitment, in part, by providing support to organizations providing free legal services to persons of limited means, as specified. (Bus. & Prof. Code § 6073.)
5. Requires that a contract with the state for legal services that exceeds $50,000 shall include a certification by the contracting law firm that the firm agrees to make a good faith effort to provide, during the duration of the contract, a minimum number of pro bono legal services, or an equivalent amount of financial contributions to qualified legal services projects and support centers, as specified. In awarding a contract with the state for legal services that exceeds $50,000, the awarding department shall consider the efforts of a contracting law firm to provide pro bono legal services, as specified. (Bus. & Prof. Code § 6072.)

This bill:

1. Finds and declares that: securing civil legal assistance is difficult for veterans, service members, and their families who cannot afford legal services, for reasons unique to their military or veteran status; and the State Bar is uniquely suited to bring together organizations to help coordinate the delivery of civil legal services for veterans and service members and their families.
2. Expands provisions in the State Bar Act that require the State Bar to administer a program to coordinate pro bono civil legal assistance to veterans and their families who otherwise cannot afford legal services by also including active duty service members and their families.

Comments

In 1963, the United States Supreme Court decided Gideon v. Wainright (1963) 372 U.S. 335, in which it unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants unable to afford their own attorneys.

The U.S. Supreme Court, however, has declined to extend the right to counsel to indigents in civil proceedings.  In Lassiter v. Department of Social Services (1981) 452 U.S. 18, the Court affirmed that an indigent litigant’s right to an appointed counsel applies only when the litigant may be deprived of his or her personal liberty.  Consequently, the United States mainly relies upon limited legal services and pro bono programs to provide indigent litigants representation in civil matters.

Existing law provides that it has been the tradition of those learned in the law and licensed to practice law in this state to provide voluntary pro bono legal services to those who cannot afford the help of a lawyer; that every lawyer authorized and privileged to practice law in California is expected to make a contribution; that in some circumstances, it may not be feasible for a lawyer to directly provide pro bono services; and that in those circumstances, a lawyer may instead fulfill his or her individual pro bono ethical commitment, in part, by providing financial support to organizations providing free legal services

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 7/10/19)

Monterey Bay Defense Alliance

Office of the Assistant Secretary of Defense

San Diego Military Advisory Council

Veterans Alliance of Orange County

OPPOSITION: (Verified 7/10/19)

None received

ARGUMENTS IN SUPPORT: The author writes:

As of December 2017, California housed the largest veteran population in the United States with 1.7 million known veterans. As of January 2019, California was home to 165,497 active duty service members and 69,442 spouses stationed in California.

In 2017, AB 360 (Muratsuchi) required the California State Bar to coordinate pro bono civil legal assistance for veterans and their families who would not be able to afford legal services. The statute required the State Bar to coordinate resources for veterans seeking legal services and for attorneys seeking to assist veterans. AB 558 builds off of AB 360 and would require the California State Bar to expand efforts to coordinate pro bono civil legal assistance to active duty service members and their families who otherwise cannot afford legal services.

In support of the bill, the Office of the Assistant Secretary of Defense writes:

Service members and their families have access to military legal assistance attorneys to receive advice and assistance in certain situations, such as handling wills and powers of attorney, limited family law issues and simple contractual disputes. However, they must generally obtain their own counsel to handle more complex legal actions and to represent them in court. Service members and their families generally cannot afford to pay attorney fees for representation, given that over sixty (60) percent of active duty service members are in the first five enlisted pay grades. Connecting service members and families to organizations providing pro bono legal aid and representation in court would fill a much-needed gap. Commonly needed areas of assistance include civil liability, complicated contractual disputes, citizenship, immigration, special needs educational concerns and portions of family law.

It is our understanding that the intent of the original 2017 legislation, AB 360, was to provide a pro bono legal assistance referral and coordination program to address the needs of both active duty military service members and their families, under an umbrella of the term “veterans and their families”. However, we believe clarification of the term “veteran” and addition of the term “service member” would ensure that both groups are formally addressed in statute. The policy contained within AB 558 will assist by providing that active duty service members and their families are also provided access to the state’s pro bono legal assistance referral and coordination program.

ASSEMBLY FLOOR: 75-0, 4/4/19

AYES: Aguiar-Curry, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NO VOTE RECORDED: Arambula, Carrillo, Eduardo Garcia, Mullin, Quirk-Silva

Prepared by: Amanda Mattson / Margie Estrada / JUD. / (916) 651-4113

7/10/19 14:39:15

**** END ****

SENATE COMMITTEE ON VETERANS AFFAIRS

Senator Bob Archuleta, Chair

2019 - 2020 Regular

Bill No: AB 558 Hearing Date: 7/9/2019

Subject: State Bar of California: service members: legal services

DESCRIPTION

Summary:

This bill would expand provisions in the State Bar Act that require the State Bar to administer a program to coordinate pro bono civil legal assistance to veterans and their families who otherwise cannot afford legal services by also including active duty service members and their families.

Existing law:

1) Provides that the State Bar shall administer a program to coordinate pro bono civil legal assistance to veterans and their families who otherwise cannot afford legal services. (Bus. & Prof. Code § 6074 (a))

2) Provides that the State Bar shall engage with local bar associations, legal aid organizations, veterans service providers, and volunteer attorneys and encourage those groups to provide legal services throughout the state. (Bus. & Prof. Code § 6074 (b))

3) Provides that the State Bar shall provide resources and educational materials to attorneys and the public in order to support the purposes of the pro bono civil legal assistance to veterans program. (Bus. & Prof. Code § 6074 (c))

4) Provides that the State Bar must compile a list of local bar associations, legal aid organizations, veterans service providers, and volunteer attorneys willing to provide pro bono legal services to veterans, organized by city and county, and posting the list on its website. (Bus. & Prof. Code § 6074 (c)(1))

5) Provides that the State Bar must conduct a statewide survey of programs that provide civil legal assistance to veterans in order to identify whether and where there is a need for legal advice clinics, and publish a report and recommendations based upon its findings no later than December 31, 2018, and post the report on its website. (Bus. & Prof. Code § 6074 (c)(2))

6) Requires all attorneys who practice law in California to be members of the State Bar and establishes the State Bar for the purpose of regulating the legal profession. (Bus. & Prof. Code § 6000 et seq.)

7) Authorizes the State Bar to increase the annual membership fees by an additional $40, to be allocated only for purposes of providing voluntary support for nonprofit organizations that provide free legal services to persons of limited means. Members have the option of deducting the $40 from the annual membership fee if they elect not to have the amount allocated for the purposes of legal services. (Bus. & Prof. Code § 6033, § 6140.03.)

8) Provides that: it has been the tradition of those learned in the law and licensed to practice law in this state to provide voluntary pro bono legal services to those who cannot afford the help of a lawyer; every lawyer authorized and privileged to practice law in California is expected to make a contribution; and in the circumstances where it may not be feasible for a lawyer to directly provide pro bono services, the lawyer may instead fulfill their individual pro bono ethical commitment, in part, by providing support to organizations providing free legal services to persons of limited means, as specified. (Bus. & Prof. Code § 6073.)

9) Requires that a contract with the state for legal services that exceeds $50,000 shall include a certification by the contracting law firm that the firm agrees to make a good faith effort to provide, during the duration of the contract, a minimum number of pro bono legal services, or an equivalent amount of financial contributions to qualified legal services projects and support centers, as specified. In awarding a contract with the state for legal services that exceeds $50,000, the awarding department shall consider the efforts of a contracting law firm to provide pro bono legal services, as specified. (Bus. & Prof. Code § 6072.)

This bill:

1) Finds and declares that: securing civil legal assistance is difficult for veterans, service members, and their families who cannot afford legal services, for reasons unique to their military or veteran status; and the State Bar is uniquely suited to bring together organizations to help coordinate the delivery of civil legal services for veterans and service members and their families.

2) Expands provisions in the State Bar Act that require the State Bar to administer a program to coordinate pro bono civil legal assistance to veterans and their families who otherwise cannot afford legal services by also including active duty service members and their families.

BACKGROUND

In recent years, there has been a growing movement to provide legal counsel as a matter of right to indigent litigants in matters where basic human needs are at stake. Meaningful access to the civil justice system is largely dependent upon legal representation. The likelihood of a just result is significantly increased by competent representation. In recognition of the need for indigent civil litigants in California to be represented by legal counsel, the State of California enacted a pilot project, the Sargent Shriver Civil Counsel Act, in selected courts to provide legal representation to low-income parties in civil matters involving critical issues affecting basic human needs.

As of December 2017, California housed the largest veteran population in the United States with 1.7 million known veterans. As of January 2019, California was home to 165,497 active duty service members and 69,442 spouses stationed in California. A study conducted by the State Bar of California,^[1] found that active duty service members oftentimes need legal assistance to access legal protections they are entitled to under the Servicemembers Civil Relief Act (i.e. negotiating rental agreements; obtaining the return of security deposits; determining prepaid rent options when deployed out of the area; protection from eviction; protection from usurious credit card and mortgage interest rates; mortgage foreclosures; obtaining life insurance and health insurance; and deferring income tax payments).

According to the Department of Defense, “Service members and their families have access to military legal assistance attorneys to receive advice and assistance in certain situations, such as handling wills and powers of attorney, limited family law issues and simple contractual disputes. However, they must generally obtain their own counsel to handle more complex legal actions and to represent them in court. Service members and their families generally cannot afford to pay attorney fees for representation, given that over sixty (60) percent of active duty service members are in the first five enlisted pay grades. Connecting service members and families to organizations providing pro bono legal aid and representation in court would fill a much-needed gap. Commonly needed areas of assistance include civil liability, complicated contractual disputes, citizenship, immigration, special needs educational concerns and portions of family law”

Dual Referral. This bill was placed on consent in the Senate Judiciary Committee on 7/2/19.

COMMENT

Author’s Statement. According to the Author, “In 2017, AB 360 (Muratsuchi) required the California State Bar to coordinate pro bono civil legal assistance for veterans and their families who would not be able to afford legal services. The statute required the State Bar to coordinate resources for veterans seeking legal services and for attorneys seeking to assist veterans. AB 558 builds off of AB 360 and would require the California State Bar to expand efforts to coordinate pro bono civil legal assistance to active duty service members and their families who otherwise cannot afford legal services. Service members and their families generally cannot afford to pay attorney fees for representation. Connecting service members and families to organizations providing pro bono legal aid to include representation would fill a much-needed gap.”

Previous/Related Legislation. SB 176 (Jackson, 2019) is the annual State Bar fee authorization bill. The bill is currently pending consideration in the Assembly Judiciary Committee

AB 360 (Muratsuchi, Ch. 401, Stats. 2017) required the State Bar to administer a program to coordinate pro bono civil legal assistance to veterans and their families who otherwise cannot afford legal services.

SB 316 (Wieckowski, 2017) would require attorneys to annually report the hours of pro bono legal services performed and the amount of money contributed to specified organizations (including legal aid organizations) to the State Bar of California. This bill died in the Assembly Appropriations Committee.

AB 386 (Gonzalez Fletcher, 2017) would create a program within the Department of Social Services to provide legal services to deported veterans. This bill died in the Senate Appropriations Committee.

POSITIONS

Sponsor: Author.

Support: American G.I. Forum

AMVETS, Department of California

California Association of County Veterans Service Officers

Military Officers Association of America, California Council of Chapters

Monterey Bay Defense Alliance

U.S. Department Of Defense

Veterans Alliance of Orange County

Oppose: None on file.

-- END --

1. The State Bar of California, “Veterans Legal Services in California A Study of Needs and Opportunities,” (December 2018), available at http://www.calbar.ca.gov/Portals/0/documents/accessJustice/2018_Report_on_Veterans_Legal_Services_in_California.pdf as of July 3, 2019. ↑

SENATE JUDICIARY COMMITTEE

Senator Hannah-Beth Jackson, Chair

2019-2020 Regular Session

Bill No: AB 558 (Author:Petrie-Norris)

Version: June 27, 2019

Hearing Date: July 2, 2019

Fiscal: No

Urgency: No

Consultant: MEC

SUBJECT

State Bar of California: service members: legal services

DIGEST

This bill amends provisions in the State Bar Act that require the State Bar to administer a program to coordinate pro bono civil legal assistance to veterans and their families who otherwise cannot afford legal services. The bill extends these efforts to active duty service members and their families.

EXECUTIVE SUMMARY

In recent years, there has been a growing movement to provide legal counsel as a matter of right to indigent litigants in matters where basic human needs are at stake.  Meaningful access to the civil justice system is largely dependent upon legal representation. The likelihood of a just result is significantly increased by competent representation.  In recognition of the need for indigent civil litigants in California to be represented by legal counsel, the State of California enacted a pilot project, the Sargent Shriver Civil Counsel Act, in selected courts to provide legal representation to low-income parties in civil matters involving critical issues affecting basic human needs.

In 2017, this Committee passed and the Governor signed AB 360 (Muratsuchi, Ch. 401, Stats. 2017), a bill requiring the State Bar to administer a program to coordinate pro bono civil legal assistance to veterans and their families who otherwise cannot afford legal services. This bill extends these efforts to active duty service members and their families.

This bill is supported by the Department of Defense and organizations supportive of service members and veterans. There is no known opposition to this measure.

PROPOSED CHANGES TO THE LAW

Existing law:

Provides that the State Bar shall administer a program to coordinate pro bono civil legal assistance to veterans and their families who otherwise cannot afford legal services. (Bus. & Prof. Code § 6074 (a))

Provides that the State Bar shall engage with local bar associations, legal aid organizations, veterans service providers, and volunteer attorneys and encourage those groups to provide legal services throughout the state. (Bus. & Prof. Code § 6074 (b))

Provides that the State Bar shall provide resources and educational materials to attorneys and the public in order to support the purposes of the pro bono civil legal assistance to veterans program. (Bus. & Prof. Code § 6074 (c))

Provides that the State Bar must compile a list of local bar associations, legal aid organizations, veterans service providers, and volunteer attorneys willing to provide pro bono legal services to veterans, organized by city and county, and posting the list on its website. (Bus. & Prof. Code § 6074 (c)(1))

1. Provides that the State Bar must conduct a statewide survey of programs that provide civil legal assistance to veterans in order to identify whether and where there is a need for legal advice clinics, and publish a report and recommendations based upon its findings no later than December 31, 2018, and post the report on its website. (Bus. & Prof. Code § 6074 (c)(2))
2. Requires all attorneys who practice law in California to be members of the State Bar and establishes the State Bar for the purpose of regulating the legal profession. (Bus. & Prof. Code § 6000 et seq.)
3. Authorizes the State Bar to increase the annual membership fees by an additional $40, to be allocated only for purposes of providing voluntary support for nonprofit organizations that provide free legal services to persons of limited means. Members have the option of deducting the $40 from the annual membership fee if they elect not to have the amount allocated for the purposes of legal services. (Bus. & Prof. Code § 6033, § 6140.03.)
4. Provides that: it has been the tradition of those learned in the law and licensed to practice law in this state to provide voluntary pro bono legal services to those who cannot afford the help of a lawyer; every lawyer authorized and privileged to practice law in California is expected to make a contribution; and in the circumstances where it may not be feasible for a lawyer to directly provide pro bono services, the lawyer may instead fulfill their individual pro bono ethical commitment, in part, by providing support to organizations providing free legal services to persons of limited means, as specified. (Bus. & Prof. Code § 6073.)
5. Requires that a contract with the state for legal services that exceeds $50,000 shall include a certification by the contracting law firm that the firm agrees to make a good faith effort to provide, during the duration of the contract, a minimum number of pro bono legal services, or an equivalent amount of financial contributions to qualified legal services projects and support centers, as specified. In awarding a contract with the state for legal services that exceeds $50,000, the awarding department shall consider the efforts of a contracting law firm to provide pro bono legal services, as specified. (Bus. & Prof. Code § 6072.)

This bill:

1. Finds and declares that: securing civil legal assistance is difficult for veterans, service members, and their families who cannot afford legal services, for reasons unique to their military or veteran status; and the State Bar is uniquely suited to bring together organizations to help coordinate the delivery of civil legal services for veterans and service members and their families.
2. Expands provisions in the State Bar Act that require the State Bar to administer a program to coordinate pro bono civil legal assistance to veterans and their families who otherwise cannot afford legal services by also including active duty service members and their families.

COMMENTS

1. Expands pro bono coordination to active duty service members and their families

In 1963, the United States Supreme Court decided Gideon v. Wainright (1963) 372 U.S. 335, in which it unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants unable to afford their own attorneys.

The U.S. Supreme Court, however, has declined to extend the right to counsel to indigents in civil proceedings.  In Lassiter v. Department of Social Services (1981) 452 U.S. 18, the Court affirmed that an indigent litigant’s right to an appointed counsel applies only when the litigant may be deprived of his or her personal liberty.  Consequently, the United States mainly relies upon limited legal services and pro bono programs to provide indigent litigants representation in civil matters.

Existing law provides that it has been the tradition of those learned in the law and licensed to practice law in this state to provide voluntary pro bono legal services to those who cannot afford the help of a lawyer; that every lawyer authorized and privileged to practice law in California is expected to make a contribution; that in some circumstances, it may not be feasible for a lawyer to directly provide pro bono services; and that in those circumstances, a lawyer may instead fulfill his or her individual pro bono ethical commitment, in part, by providing financial support to organizations providing free legal services to persons of limited means.

2. Arguments in support

According to the author:

As of December 2017, California housed the largest veteran population in the United States with 1.7 million known veterans. As of January 2019, California was home to 165,497 active duty service members and 69,442 spouses stationed in California.

In 2017, AB 360 (Muratsuchi) required the California State Bar to coordinate pro bono civil legal assistance for veterans and their families who would not be able to afford legal services. The statute required the State Bar to coordinate resources for veterans seeking legal services and for attorneys seeking to assist veterans. AB 558 builds off of AB 360 and would require the California State Bar to expand efforts to coordinate pro bono civil legal assistance to active duty service members and their families who otherwise cannot afford legal services.

In support of the bill, the Department of Defense writes:

Service members and their families have access to military legal assistance attorneys to receive advice and assistance in certain situations, such as handling wills and powers of attorney, limited family law issues and simple contractual disputes. However, they must generally obtain their own counsel to handle more complex legal actions and to represent them in court. Service members and their families generally cannot afford to pay attorney fees for representation, given that over sixty (60) percent of active duty service members are in the first five enlisted pay grades. Connecting service members and families to organizations providing pro bono legal aid and representation in court would fill a much-needed gap. Commonly needed areas of assistance include civil liability, complicated contractual disputes, citizenship, immigration, special needs educational concerns and portions of family law.

It is our understanding that the intent of the original 2017 legislation, AB 360, was to provide a pro bono legal assistance referral and coordination program to address the needs of both active duty military service members and their families, under an umbrella of the term “veterans and their families”. However, we believe clarification of the term “veteran” and addition of the term “service member” would ensure that both groups are formally addressed in statute. The policy contained within AB 558 will assist by providing that active duty service members and their families are also provided access to the state’s pro bono legal assistance referral and coordination program.

SUPPORT

Monterey Bay Defense Alliance

Office of the Assistant Secretary of Defense

San Diego Military Advisory Council

Veterans Alliance of Orange County

OPPOSITION

None known

RELATED LEGISLATION

Pending Legislation: SB 176 (Jackson, 2019) is the annual State Bar fee authorization bill. The bill is currently pending consideration in the Assembly Judiciary Committee.

Prior Legislation:

AB 360 (Muratsuchi, Ch. 401, Stats. 2017) required the State Bar to administer a program to coordinate pro bono civil legal assistance to veterans and their families who otherwise cannot afford legal services.

SB 316 (Wieckowski, 2017) would require attorneys to annually report the hours of pro bono legal services performed and the amount of money contributed to specified organizations (including legal aid organizations) to the State Bar of California. This bill died in the Assembly Appropriations Committee.

AB 386 (Gonzalez Fletcher, 2017) would create a program within the Department of Social Services to provide legal services to deported veterans. This bill died in the Senate Appropriations Committee.

SB 1257 (Block, 2016) would have required those who apply to become licensed California attorneys, with certain exceptions, to complete at least 50 hours of pro bono legal service, as defined, prior to admission with the State Bar. This bill was vetoed by the Governor.

AB 2085 (Irwin, 2016) would have created the Office of Military Legal Assistance within the Military Department upon appropriation by the Legislature. The bill was vetoed by the Governor.

PRIOR VOTES:

Assembly Floor (Ayes 75, Noes 0)

Assembly Judiciary Committee (Ayes 12, Noes 0)

**************

Date of Hearing: March 26, 2019

ASSEMBLY COMMITTEE ON JUDICIARY

Mark Stone, Chair

ABPCA Bill Id:AB 558

Author:(Petrie-Norris) – As Introduced Ver:February 13, 2019

PROPOSED CONSENT (As Proposed to be Amended)

SUBJECT: THE STATE BAR: PRO BONO LEGAL SERVICES: SERVICE MEMBERS

KEY ISSUE: SHOULD EXISTING LAW, REQUIRING THE STATE BAR TO COORDINATE FREE CIVIL LEGAL SERVICES TO VETERANS AND THEIR FAMILIES WHO CANNOT AFFORD TO PAY FOR SUCH SERVICES, BE EXPANDED SO THAT LEGAL SERVICES WOULD BE PROVIDED TO ACTIVE MILITARY SERVICE MEMBERS AND THEIR FAMILIES?

SYNOPSIS

Many service members are not prepared for separation from military service, and veterans have a wide range of needs adjusting to civilian life including, among others, the needs for housing, employment, and physical and mental health treatment. California is home to the largest veteran population in the country with nearly two million known veterans, and our nation’s defenders and their families may need pro bono legal assistance to receive military and other benefits they deserve, and the best legal services to meet those needs. Existing law provides, in a statement of legislative intent, that it has been the tradition of those who are learned in the law and licensed to practice law in this state to provide voluntary pro bono legal services to those who cannot afford the help of a lawyer. Although the performance of pro bono legal service by licensed attorneys is not mandatory in California, it is well accepted that every lawyer has a professional responsibility to provide legal services to those who are unable to pay. Yet, there remains a significant capacity for the legal community to provide more pro bono legal services to underserved populations in the state.

Veterans and active duty service members, along with their families, are an especially vulnerable population that could benefit from the help of pro bono attorneys to aid them in understanding the benefits to which they are entitled to and advocating for them to receive those benefits. In recognition of the need to address challenges of our veterans, in 2017, the Legislature passed AB 360 that required the State Bar to coordinate a program to provide free civil legal assistance to veterans and their families who otherwise could not afford legal services. However, legal issues are not limited to veterans. Service members and their families have access to military legal assistance attorneys for advice about relatively straightforward legal problems, but service members and their families must obtain their own counsel for complex legal issues and generally cannot afford to pay the attorney fees for representation in court. Therefore, connecting service members and their families to organizations providing pro bono legal aid would fill a much-needed gap where legal representation is needed. This bill builds on AB 360 and requires the California State Bar to expand its program to coordinate pro bono civil legal assistance so that it would apply to active duty service members and their families who otherwise cannot afford legal services. The author has agreed to accept amendments to clarify the State Bar’s role in convening providers of legal services to coordinate the delivery of legal services to these groups. Those amendments are incorporated into and reflected in this analysis. This bill is supported by the Department of Defense. It has no opposition.

SUMMARY: Expands the State Bar of California’s existing program to coordinate legal service organizations to provide pro bono legal assistance to veterans and their families so that it would also apply to active duty service members and their families who cannot afford legal services. Specifically, this bill:

1. States that the Legislature finds the following:
   1. That securing civil legal assistance is difficult for veterans, services members, and their families who cannot afford legal services, for reasons unique to their military or veteran status.
   2. That the State Bar is uniquely suited to bring together organizations to help coordinate the delivery of civil legal services for veterans and service members and their families.
2. Requires the State Bar to engage with military service providers, as well as local bar associations, legal aid organizations, veterans service providers, and volunteer attorneys, and encourage those groups to provide legal services to veterans and service members and their families who otherwise cannot afford legal services and collaborate, as appropriate, to improve access to and delivery of these services throughout the state.
3. Requires the State Bar to add military service providers willing to provide pro bono legal services to service members to the list of other organizations that provide pro bono legal services to veterans and their families, organized by city and county, and post the list on its internet website.
4. Defines the following terms:
5. “Service member” means a member of an active or reserve component of the United States Armed Forces who is ordered into active duty pursuant to state or federal law.
6. “Veteran” means any person who has served full time in the United States Armed Forces in time of national emergency or state military emergency or during any expedition of the United States Armed Forces and who has been discharged or released under conditions other than dishonorable.

EXISTING LAW:

1. Establishes the State Bar of California, hereinafter the “State Bar,” as a public corporation. (Business and Professions Code Section 6001. All further statutory references are to this code, unless otherwise indicated.)
2. Authorizes the State Bar to collect annual license fees in 2019 at a sum not exceeding three hundred fifteen dollars ($315). (Section 6140.)
3. Authorizes the State Bar, in addition to collecting its annual license fees, to raise revenue by any lawful means, but prohibits the creation of foundations or not-for-profit corporations. (Section 6001.)
4. Authorizes the State Bar to increase the annual license fees by an additional $40, to be allocated only for purposes of providing voluntary support for nonprofit organizations that provide free legal services to persons of limited means. Members have the option of deducting the $40 from the annual license fee if they elect not to have the amount allocated for the purposes of legal services. (Section 6140.03.)
5. Provides that it has been the tradition of those learned in the law and licensed to practice law in this state to provide voluntary and pro bono legal services to those who cannot afford the help of a lawyer. Every lawyer authorized and privileged to practice law in California is expected to make a contribution. (Section 6073.)
6. Requires that a contract with the state for legal services that exceeds $50,000 to include a certification by the contracting law firm agreeing to make a good faith effort to provide a minimum number of pro bono legal services, or an equivalent amount of financial contributions to qualified legal services projects and specified support centers, and for the state, in awarding a contract for legal services that exceeds $50,000, to consider the efforts of a contracting law firm to provide pro bono legal services. (Government Code Section 18540.4.)
7. Defines “pro bono legal services” as no fee or substantially reduced fee to groups or organizations seeking to secure or protect civil rights, civil liberties, or public rights; without fee or expectation of fee to persons who are indigent or of limited means; or without fee or expectation of fee to charitable, religious, civic, community, governmental, and educational organizations in matters designed primarily to address the economic, health, and social needs of persons who are indigent or of limited means. (Ibid.).
8. Defines “veteran” to mean any person who has served full time in the Armed Forces of the United States in time of national emergency or state military emergency or during any expedition of the Armed Forces of the United States and who has been discharged or released under conditions other than dishonorable. (Ibid.)
9. Defines “service member” to mean a member of an active or reserve component of the Armed Forces of the United States who is ordered into active duty pursuant to state or federal law. (Military and Veterans Code Section 821.)

FISCAL EFFECT: As currently in print this bill is keyed non-fiscal.

COMMENTS: Many service members are not prepared for separation from military service, and veterans have a wide range of needs adjusting to civilian life including, among others, the needs for housing, employment, and physical and mental health treatment. California is home to the largest veteran population in the country with nearly two million known veterans, and our nation’s defenders and their families may need pro bono legal assistance to receive military and other benefits they deserve, and the best legal services to meet those needs. Existing law provides, in a statement of legislative intent, that it has been the tradition of those who are learned in the law and licensed to practice law in this state to provide voluntary pro bono legal services to those who cannot afford the help of a lawyer. Although the performance of pro bono legal service by licensed attorneys is not mandatory in California, it is well-accepted that every lawyer has a professional responsibility to provide legal services to those who are unable to pay for them. Nevertheless, there remains a significant capacity for the legal community to provide more pro bono legal services to underserved populations in the state and a significant need for those very services.

Special Legal Challenges Faced by Active Duty Military Members and Veterans. Legal issues are not limited to veterans. The author of this bill writes the following about the legal and financial challenges facing these groups:

The State Bar Veterans Legal Services survey, as required by AB 360 included questions to find information about legal assistance available to active duty military members. Programs offering legal aid to veterans and active service duty members reported that the largest area of unmet legal need statewide is housing, family law, VA benefits, consumer protection, and employment. Further, organizations most often refer out pro bono cases for active duty military and less frequently use pro bono attorneys for legal research, community outreach, and legal education.

Service members and their families have access to military legal assistance attorneys for advice about routine legal needs regarding such things as wills and powers of attorney, limited family law, and simple contractual disputes. But service members and their families must obtain their own counsel for complex legal actions such as civil litigation, citizenship, immigration, and special needs educational concerns, and generally cannot afford to pay the attorney fees for representation in court. Therefore, connecting service members and their families to organizations providing pro bono legal aid would fill a much-needed gap where legal representation would not create inequity between family members. This bill builds on AB 360 by requiring the State Bar to engage with local bar associations, legal aid organizations, veterans service providers, military service providers, and volunteer attorneys and encourage those groups to provide legal services throughout the state to active duty service members and their families.

To Help With These Challenges: Special Federal Legal Protections for Veterans and Service Members. Our founders understood a strong national defense was one of the most fundamental roles of Congress as mandated by Article I, Section 8 of the Constitution of the United States. Recognizing the financial burdens that service members encounter while serving their country, in 1940 Congress passed the Soldiers’ and Sailors’ Civil Relief Act (SSCRA, 50 U.S.C. Sections 3901-4043 (1940)) that provided protections for service members to meet financial obligations incurred before entering active military service.

In 2003, The Servicemembers Civil Relief Act (SCRA (codified as) 50 U.S.C. Sections 3901-4043 (2003)) replaced SSCRA. The SCRA offered protections for active-duty service members and their families in many different areas ranging from mortgages to life insurance. For example, the SCRA makes certain rights conditional upon whether the service members ability to meet obligations is “materially affected” by military service. Because the details of the SCRA are complicated, service members and their families are encouraged to seek legal assistance if they need help meeting their financial obligations.

To Help With the Challenges Faced by all Indigent Civil Litigants: Civil “Gideon” Came to California as the “Sargent Shriver Civil Counsel Act.” In 2009, the California Legislature passed the nation’s first “Civil Gideon” statute known as the “Sargent Shriver Civil Counsel Act” or AB 590 (Feuer), Chap. 457, Stats. 2009. The statute was the first step toward a comprehensive plan for providing free legal counsel to qualifying parties in civil matters affecting basic human needs, just as the landmark Supreme Court case of Gideon v. Wainwright, 372 U.S. 335 (1963) that required state-provided defense counsel in criminal cases. The bill’s author framed the fundamental issue as follows:

How ironic that you can be arrested for stealing a small amount of food — a box of Twinkies from a convenience store — and you’re entitled to counsel. But if your house is on the line, or your child is on the line, or you’re being abused in a domestic relationship, you don’t have the same right to counsel.

AB 590 also encouraged attorneys to make further efforts to meet their professional responsibilities by providing pro bono legal services and financial support of nonprofit legal organizations that provide free legal services to underserved communities.

To Help With These Challenges: Special California Pro Bono Legal Services Program for Indigent Veterans. Pro bono (meaning “for good” in Latin) has become such an important part of legal services delivery to persons who are indigent or of limited means. Veterans are an especially vulnerable population who benefit from the help of pro bono attorneys to aid them in understanding the benefits they are entitled to and then advocating for veterans to receive those benefits. In recognition of the need to address challenges of veterans, in 2017, the Legislature passed AB 360 (Muratsuchi), Chap. 401, Stats. 2017, which required the State Bar to coordinate a program to provide free civil legal assistance to veterans and their families who otherwise could not afford legal services; to compile a list of military service providers and post the list on its internet website; and conduct a statewide survey of programs that provide civil legal assistance to veterans to identify where there is a need for legal advice clinics and posting the report of findings on its internet website. (Section 6074.) By identifying where legal services for veterans are most needed, AB 360 was an additional step toward the goal of helping indigent veterans to access legal assistance to address critical challenges.

In July 2018, the State Bar conducted a survey of programs offering legal assistance to veterans, active duty service members, and their families. Survey respondents reported that the greatest category of unmet legal needs are in the areas of housing, family law, Veterans Administration (VA) benefits, public benefits, and discharge upgrades. The survey results suggested that while significant resources are being focused on the needs of veterans and/or active duty military members throughout California, more services and resources are required to meet the significant needs of this population.

In November 2018, the State Bar convened a roundtable of veteran legal services stakeholders (Roundtable), which included representatives from the Department of Defense, California Department of Veterans Affairs, Judge Advocate General’s Corps, military legal assistance offices, legal aid organizations, veterans service organizations, law schools, and local bar associations. The discussions at the Roundtable were consistent with the survey results, and suggest that additional outreach to underserved and vulnerable veterans, including senior veterans and students would be beneficial. Roundtable participants also identified a lack of statewide coordination and communication between jurisdictions and across programs as challenges to working with both active duty military members and veterans.

Author’s Clarifying Amendments. In order to clarify the role of the State Bar—to bring together organizations that will coordinate legal services that are provided to veterans, service members, and their families by other individuals and organizations, rather than to directly provide legal services or coordinate those services itself—the author proposes the following minor, clarifying amendments to subdivisions (a) and (b) of Section One of the bill:

6074.

(a) The Legislature finds that securing civil legal assistance is difficult for veterans, services members, and their families who cannot afford legal services, for reasons unique to their military or veteran status.  The Legislature further finds that the  State Bar is uniquely suited to bring together organizations to help coordinate the delivery of civil legal services for shall administer a program to coordinate pro bono civil legal assistance to veterans and service members and their families who otherwise cannot afford legal services.

(b) The State Bar shall engage with local bar associations, legal aid organizations, veterans service providers, military service providers, and volunteer attorneys and encourage those groups to provide legal services to veterans and service members and their families who otherwise cannot afford legal services and collaborate, as appropriate, to improve access to and delivery of these services throughout the state.

ARGUMENTS IN SUPPORT: The Department of Defense writes the following in support of the bill:

AB 558 adds active duty service members and their families as beneficiaries to the existing veteran pro bono legal assistance referral program administered by the State Bar. Service members and their families have access to military legal assistance attorneys for advice in simple matters such as wills and powers of attorney. However, for complex legal actions, service members and their families must obtain their own counsel but generally cannot afford to pay the attorney fees for representation in court. Given that over sixty (60) percent of active duty service members are in the first five enlisted pay grades, connecting service members and families to organizations providing pro bono legal aid, to include representation, would fill a much-needed gap.

Prior Related Legislation: AB 360 (Muratsuchi), Chap. 401, Stats. 2017, required the State Bar to administer a program to coordinate pro bono civil legal assistance to veterans and their families who otherwise cannot afford legal services.

SB 1257 (Block, 2016), would have required those who apply to become licensed California attorneys, with certain exceptions, to complete at least 50 hours of pro bono legal service, as defined, prior to admission to the State Bar. This bill was vetoed by Governor Brown.

AB 2085 (Irwin, 2016), would have created the Office of Military Legal Assistance within the Military Department upon appropriation by the Legislature. The bill was vetoed by Governor Brown.

REGISTERED SUPPORT / OPPOSITION:

Support

Department of Defense

Opposition

None on file

Analysis Prepared by: Shontel Johnson and Alison Merrilees / JUD. / (916) 319-2334