Workers carrying banana peppers at Kenda Farms 2003 (PBP)Not surprisingly, it was Gene Nichol’s regular contribution to Raleigh’s News & Observer in which he shines a light on the General Assembly’s cold and shoddy decision to punish poor people by slashing the state’s already inadequate Legal Aid budget.

As is so often the case with conservative attacks on Legal Aid, this year’s budget cut was pretty clearly driven by agribusiness, which can’t abide the idea of farmworkers occasionally winning cases against growers who treat them like, well, dirt. Here’s Nichol:

“Sen. Brent Jackson of Autryville, one of the powerful appropriation chairs, led the charge to end funding. Jackson is the Senate’s only mega-farmer. Having benefited mightily from agribusiness contributions, he has quickly become their standard bearer. Jackson carries no affection for LANC. A couple of its lawyers have had the gall to win cases on behalf of poor farmworkers in Eastern North Carolina. So Jackson saw the rare opportunity, in a single stroke, to both line the pockets of rich Tar Heels and restrict the effective rights of those working in the fields. A win-win if ever there were one.

As a result, Hausen has been forced in recent weeks to lay off 48 lawyers and paralegals – from a staff of about 350. If cuts passed by the U.S. House become law later this year, he’ll have to eliminate 50 more. Legal aid lawyers carry famously high caseloads and enjoy famously low salaries. One of the most efficient anti-poverty programs in North Carolina is, as we speak, being markedly decimated.

This is hardly an auspicious time to gut legal services.

Given the explosion of poverty that has occurred here since 2008, now 23 percent of Tar Heels, over 2.2 million, qualify for legal services under federal guidelines. The marker is set at 125 percent of the poverty threshold – or about $29,000 for a family of four. Half of legal aid clients make less than $15,000 a year.”

But, of course, such numbers mean little to elected officials who’ve been ignoring similar figures for years. As Nichol puts it:

“We have also said, repeatedly, that we won’t allow important rights to be lost without providing a meaningful hearing, at a meaningful time, in a meaningful manner. But, for poor North Carolinians, when we say that, we lie.”

It’s getting to be a habit for state leaders.



In one of the myriad unexplained “special provisions” buried deep in the its version of the 2016-17 budget, the North Carolina Senate takes the remarkable and destructive step of repealing the state Fair Housing Act. As Sarah Ovaska-Few reported last week:

“The provision, which would repeal the State Fair Housing Act and shut down the state office that investigates discrimination complaints, was buried deep in the 500-plus budget (pages 390-391) that was made public and quickly passed the chamber last week.

The elimination of the state anti-discrimination measures got no attention during debates when the budget passed the Republican-controlled Senate last Thursday.

The move to repeal the state’s Fair Housing Act would also eliminate the N.C. Human Relations Commission, which is funded partly with federal funds and tasked with investigating and pursuing legal claims of discrimination on the basis of race, sex, or disability when it comes to housing, employment and civil rights violations.”

One can only hope that this outrageous provision gets deep-sixed in the negotiations over the final budget. And if conferees need any reminders about the continued relevance of fair housing laws in 2015 North Carolina, they might want to check out yesterday’s announcement from the good folks at Legal Aid of North Carolina detailing the terms of a settlement in a fair housing case involving demands of sex for receipt of housing vouchers brought in Scotland County.

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An op-ed by John Levi, chair of the Board of Directors of the national Legal Services Corporation, is highlighted in today’s edition of Raleigh’s News & Observer.  In it, Levi makes plain just how dire the situation has become for the nation’s legal aid community as it struggles to cope with the combination of funding cuts and the crushing demand that has resulted from the country’s rising poverty.

As he notes: Read More