Article Preview: Guest Opinion: Bill would shore up legal aid funding - MailTribune.com - Medford, OR

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2015-02-25

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3 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation  |  Register x Forgot Password | Need an Account? e-edition | subscribe | newsletter | deals Home News Latest Stories Lithia Motors hits all-time highs for 4th quarter and 2014 revenue, earnings 10 things to know for Wednesday Emergency services, Feb. 25 10 things to know for Tuesday Two dogs perish in east Medford house fire Crime, Courts and Emergency Services Emergency services, Feb. 25 Two dogs perish in east Medford house fire Attempted murder suspect pleads to lesser charge Emergency Services, Feb. 24 Man critically burned in trailer fire Politics and Elections Ballots on Jackson County marijuana tax go out Friday Brown's inauguration brings hope to local lawmakers Kate Brown sworn in as Oregon's 38th governor Gov. Kitzhaber steps down, federal investigation begins Gov. 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Dr. Jeff Hersh: Breathe easy - all about lung function Health Watch: Health improvements you can make today that will pay off for a lifetime Runners’ Corner: Helpful winter running hints Hiking Biking Faith Religion briefs: Friday, Feb. 20 Religion News: Pope makes surprise shantytown visit Religion briefs: Friday, Feb. 13 RELIGION BRIEFS, Feb. 6 Religion News: Church of England consecrates first female bishop Milestones and Achievements Anniversary: Hofer New arrivals: Sunday, Feb. 8 Columnist for a Day Rogue Healthy Aging Tempo Latest stories SOU presents 'She Stoops to Conquer' Live Music in Local Clubs OSF kicks off its 2015 season SOU presents 'The Glass Menagerie' Third Fridays showcases local artists Theater SOU presents 'She Stoops to Conquer' 'The Glass Menagerie' is polished and professional OSF kicks off its 2015 season SOU presents 'The Glass Menagerie' Le Cirque presents 'City Walk' Music Professor Gall plays Oberon's Tavern Live Music in Local Clubs The music that made Paris famous Blues Jam at The Little Brown Jug Southern Oregon Jazz Orchestra Community Events Third Fridays showcases local artists Southern Oregon Rod and Custom Show Ashland's First Friday Art Walk showcases new exhibits by regional artists Jacksonville celebrates Chinese New Year Comedian Susan Westenhoefer pulls no punches Dining Restaurant Inspections: Sunday, Feb. 22, 2015 Saigon Xich Lo Vietnamese cuisine The zwickels shall flow Soo Rah Korean Cuisine Stylish shareables are the feature at Brickroom Tempo Videos Classifieds Jobs Autos Real Estate FEATURED   » Obits Blogs TV Listings Movie Listings Oregon Outdoors Oregon Healthy Living Magazines/Special Sections Business Services NEWS NOW   Our View: Adjusting for unintended consequences       ...       Two dogs perish in east Medford house fire       ...       200-plus Jackson County students miss vaccination deadline       ...       Our View: Adjusting for unintended consequences       ...       Two dogs perish in east Medford house fire       ...       200-plus Jackson County students miss vaccination deadline       ...           GUEST OPINION Guest Opinion: Bill would shore up legal aid funding By Elisabeth Zinser MailTribune.com By Elisabeth Zinser Posted Feb. 24, 2015 @ 12:01 am By Elisabeth Zinser Posted Feb. 24, 2015 @ 12:01 am »  Social News p bs:newslist StartDate="20121121" EndDate="p bs:datecalc Months="3"" DateSort="1" UseObjects="1" ObjectClass="81" Taxonomywords="2325,665" ExactTaxonomyMatch="1" Image="1" Count="4" --> It is a privilege for me to serve on the board of governors for the Oregon State Bar. I am one of four non-lawyer public members, and I strive to bring fresh perspective to an organization that serves as a steward of our state’s justice system. Having spent most of my professional life in academia, this role has afforded me quite an education. I am impressed by the dedicated and rigorous thinking, and comprehensive services found in Oregon’s State Bar. Disheartening, however, is the dramatic funding crisis in our legal aid system. Legal aid is the safety net that helps Oregon’s poor when faced with life-altering crises: domestic violence and child abuse, loss of housing, loss of wages, challenges to child custody and consumer fraud victimization. Legal aid is often a key means of escape from domestic violence. While defendants in a criminal case are guaranteed legal counsel, there is no such guarantee for those affected by these devastating civil matters. There is legal aid, if available. The legal aid system has been chronically underfunded, but it now has reached an acute crisis threshold. The recent recession brought deep cuts in several legal aid funding sources. Coupled with a 60 percent increase in Oregon’s poverty population since 2008 (eighth highest in the nation), the state estimates that we are now meeting just 15 percent of the need for civil legal services in Oregon. We know from research that the effects of legal crises on poor families can multiply. A victim of domestic violence is in greater danger of losing her home, her job, and/or her children. A recent study found that the single greatest factor in reducing domestic violence in a community is the presence of a legal aid office. The lawyers who provide legal aid stabilize communities, yet Oregon’s legal aid providers have cut staff by 20 percent and closed two offices, even as need has grown. Currently, the Oregon Legislature is considering a bill that would provide additional funding to this beleaguered system. While not a panacea, the proposed funding would bring additional support to the system and narrow the growing justice gap. House Bill 2700 makes sense also because it addresses what happens to unclaimed money in a class action lawsuit — a suit where a pool of people (the “class”) sues a defendant for alleged fraud or wrongdoing. If the defendant is found guilty or chooses to settle short of trial, the jury determines how much the defendant should pay to the class. Inevitably, some parties to the class are not found, or do not come forward. In most states, that residual money is then directed to a charity or non-profit community good. It’s a doctrine called “cy pres” (“next best thing”). Oregon is among a small minority of states that do not employ the this doctrine, and so the money goes back to the corporate defendant. This legislation would provide that 50 percent of those residual dollars would be distributed to legal aid, with the remaining 50 percent going to a charitable purpose at the discretion of the judge. I was motivated to seek this board position in large part because of my deep conviction that a fair and just system for settling disputes is a necessary foundation of a healthy community. When large swaths of our population have no hope of finding help in the midst of legal crises, we should be seeking every opportunity to rectify that injustice. I encourage broad public knowledge of this issue. Dr. Elisabeth Zinser, a member of the board of governors of the Oregon State Bar, is a retired president of Southern Oregon University and a senior fellow of the Association of American Colleges & Universities.   By Elisabeth Zinser MailTribune.com By Elisabeth Zinser Posted Feb. 24, 2015 @ 12:01 am » Comment or view comments   /* $( document ).ready(function() { // Jquery mobile is trying to style the button and leaving a blank gry button on top of a white button $("#viafouracoms .vf-comment-controls li.vf-right").html(' Submit '); });*/ »  STAY INFORMED   Email NewsLetter   Sign Up Today   Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. calendar Connect with MailTribune.com Facebook Twitter RSS Back to top Reader Services Reader Services Home Subscriptions Subscriber controls Contact us Submissions Photos Events Letters to the editor Corrections Announcements Obituaries Story ideas Since you asked Alerts Email Alerts RSS Feeds Text Alerts Advertise Media Kit Home Products and services Ad rates Advertising contacts Mail Tribune Daily Tidings The Nickel Shop Our Valley Blogs Stay Informed   Email newsletter   Sign Up Today   Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. 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