Most of us know the line well from police shows and legal dramas: “If you cannot afford an attorney, one will be provided for you by the court.” But what happens when there’s no question of an arrest, or criminal charges, or Miranda rights? What happens when you need a lawyer to prevent your home from being taken away?
The federal legal aid program was created in 1974 to provide such critical legal assistance for low-income Americans. But federal funding for the three legal aid organizations serving Texans – Lone Star Legal Aid, Texas RioGrande Legal Aid and Legal Aid of NorthWest Texas, which provide free legal services to people at 125% of the poverty line or below – is now under threat.
Legal aid organizations help vulnerable Texans navigate the court system.
“A large portion of their cases are survivors of domestic abuse,” said Rebecca Schuetz, housing reporter with the Houston Chronicle. “They might want to leave, but their abuser might control the purse strings. So how do you leave the situation if you can’t afford an attorney? In these situations, legal aid can get you that protective order.”
They also guide Texans through complicated government programs.
“A common use is veterans or other individuals who are trying to secure disability,” Schuetz said. “You might not need to file a suit for that, but a lawyer might really help you navigate that system.”
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Legal aid organizations across the country receive a large chunk of their funding from the Legal Services Corporation, created by the federal government in 1974 and funded by Congress.
Now, the most recent White House budget proposes cutting the Legal Services Corporation entirely. This would represent a 40% budget cut to Texas legal aid organizations, which also receive some local and state funding, Schuetz said.
The Senate and House of Representatives have proposed two different changes to Legal Services Corporation funding. Neither is as “drastic” as the White House proposal, Scheutz said, but the House has proposed a 50% cut to federal funding for legal aid, from around $560 million last year to $300 million in the next.
And rural legal aid offices are particularly vulnerable to cuts, Schuetz said.
“Each one of these nonprofits has a number of offices to try to reach everyone,” she said. “You face some really difficult decisions, and the most vulnerable offices are the ones that serve the least people, which would be in the rural areas. So they are afraid that the rural areas would see access become harder.”
