95th Congress > House > Vote 694
Description: TO AGREE TO THE CONFERENCE REPORT ON H.R. 6666, THE BILL EXTENDING THE FUNDING OF THE LEGAL SERVICES ACT THROUGH FISCAL YEAR 1979.
Bill summary: (Conference report filed in House, H. Rept. 95-825)
Legal Services Corporation Act Amendments - Amends the Legal Services Corporation Act to require that appointments made to the Board of Directors of the Legal Services Corporation between the date of enactment of this Act and July 31, 1978: (1) include eligible clients; and (2) be generally representative of the organized bar, attorneys providing legal assistance to eligible clients, and the general public.
Subjects meetings of the Board of
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Directors, of executive committees thereof, and of any advisory council established under the Legal Services Corporation Act, to Government in the Sunshine Act provisions relative to open meetings.
Empowers the Corporation to undertake research and assistance activities with respect to the delivery of legal services by means of contract or grant.
Permits up to ten percent of the funds appropriated to the Corporation to be used for such purpose.
Permits a litigant in a proceeding in which a person is represented by a Corporation recipient an employee of a recipient to refer any question concerning whether such representation is authorized to the Corporation for review. States that such action by the Corporation may be subject to judicial review, where available under applicable law.
Prohibits the Corporation from participating in any litigation unless it is a party to such litigation, or a recipient of the corporation is such a party, or a recipient is representing an eligible client in litigation in which the interpretation of this Act or a regulation promulgated thereunder is at issue.
Directs that a court provide compensation for an attorney employed by a recipient organization and appointed to provide legal assistance, unless such appointment is made pursuant to a statute or practice applied generally to attorneys practicing before the court.
States that attorneys receiving more than one-half their annual professional income from an organization established for the sole purpose of providing legal assistance under the Legal Services Corporation Act shall be deemed to be State or local employees for purposes of provisions prohibiting certain activities of such employees in connection with partisan politics. Repeals restrictions on political activities unrelated to legal assistance with respect to such attorneys. Stipulates that such attorneys may not be candidates in partisan political elections.
Requires the payment of reasonable costs and attorney fees for a defendant in a case where a Corporation-funded program has brought suit for the purpose of harassment or a recipient's plaintiff maliciously abused the legal process.
Revises guidelines regarding eligibility for, and priorities relative to, legal assistance provided by the Corporation.
Revises the limitations on the use of funds made available by the Corporation: (1) permit the provision of legal assistance with respect to criminal matters where a person is charged with a misdemeanor or lesser offense in an Indian tribal court; (2) eliminate prohibitions against providing legal assistance to un-emancipated persons less than 18 years of age and in connection with selective service violations; (3) eliminate prohibitions against providing legal advice relating to school desegregation; and (4) revise prohibitions relative to formation of associations and military offenses.
Provides for prior notification to the principal local bar associations of any community of any grant or contract where legal assistance will be initiated.
Requires that the Corporation conduct a study concerning: (1) access to legal services; and (2) the special legal problems which are not being met, of eligible clients who are veterans, migrant or seasonal farm workers, persons with limited English-speaking abilities and persons in sparsely populated areas where a harsh climate and an inadequate transportation system impede the receipt of legal services.
Directs the Corporation to report to Congress on the results of this study and the corporation's recommendations.
Authorizes appropriations for carrying out the activities of the Corporation through fiscal year 1980.
Authorizes the appointment of independent hearing examiners to preside over hearings to suspend or terminate assistance under the Legal Services Corporation Act.
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Bill titles: An Act to amend the Legal Services Corporation Act to provide authorization of appropriations for additional fiscal years, and for other purposes.; A bill to amend the Legal Services Corporation Act to provide authorization of appropriations for additional fiscal years.
Original source documents: Digest of the Congressional Record vol. 123-194, p. 12767;
Links for more info on the vote: congress.gov
