After seeing its budget fall significantly in recent years, Maryland's main provider of legal aid to the poor would gain major new funding through increased court fees under legislation nearing final approval in the General Assembly.
A bill that cleared the House Judiciary Committee yesterday would raise civil court filing fees by as much as $10 per case, generating an estimated $2.8 million annually for Maryland's Legal Services Corp.
The measure goes to the full House of Delegates, where final approval is expected before the legislature adjourns Monday night.
Robert J. Rhudy, executive director of Legal Services Corp., said the money is desperately needed to replace funds lost through cuts in federal grants and other revenue sources. He estimated that Maryland legal aid programs are meeting only about a quarter of the need.
"This will go a long way to replacing that money," said Rhudy. "And I think it's an appropriate revenue source."
But several committee members objected to the legislation as unnecessary.
Del. Michael W. Burns, an Anne Arundel Republican, called legal services for the poor a "little pet project of the left" and labeled the new court fees a tax increase.
"I have no use for this tax," said Burns. "I have no use for this organization."
Established by the legislature in 1982, the Legal Services Corp. dispenses grants to groups that provide legal assistance to low-income people in civil cases.
Its largest recipient, the Legal Aid Bureau, has seen the number of staff attorneys cut from 142 to 90 since 1993 because of budget reductions.
Wilhelm H. Joseph Jr., executive director of Legal Aid, said the extra money would help the agency retain experienced staff and provide the first raise for its attorneys in seven years.
"When people come to work for the public interest, they know they are making some sacrifices," Joseph said. "But that shouldn't be taken advantage of, and we're on the edge of taking advantage of people."
Legal Aid, which has had to close offices in Montgomery and Howard counties, provides a variety of legal services to low-income people, dealing with issues such as domestic violence, housing and consumer protection.
The bill, which was sponsored by Sen. Leo E. Green, a Prince George's Democrat, and several other senators, would establish a surcharge of $2 for a civil case filed in district courts and $10 for circuit court cases. Those fees would be waived in cases filed by the indigent. The bill has passed in the Senate.
Twenty-three states use a civil filing fee to help pay for civil legal aid programs.
Similar legislation has died in Annapolis in each of the past two years, first in the House committee and last year in a Senate panel.
This year, a wide coalition of interested groups, including the Maryland Bar Association and Maryland Chief Judge Robert M. Bell, pushed for the bill.
The vote in the Judiciary Committee yesterday broke down largely on partisan grounds, as five of the panel's six Republicans voted against the measure. The bill passed 16-5.
Among its sharpest critics was Burns. Reading from the Legal Services Corp.'s annual report, he sarcastically referred to a landlord-tenant hot line: "Oh, goodie, I bet that's a big help to them."
But Del. Dana Lee Dembrow, a Montgomery Democrat who voted for the bill, said it would provide a major boost in the budget for legal aid services.
"It's the most significant thing the state will do for legal services for a long, long time," said Dembrow.
Pub Date: 4/08/98
