The federally-funded legal services program has been an especially disruptive
force in Pennsylvania over the last two decades. Legal services groups
have drawn the ire of Governors, legislators and even federal judges for
an array of highly questionable activities which include undermining prison
safety and thwarting welfare reforms.
Governor Thornburgh Blamed Legal Services for Hostage Crisis
In 1981, Governor Dick Thornburgh blamed Community Legal Services of Philadelphia for contributing to a dangerous hostage-taking incident at the Graterford federal penitentiary. The ringleader of the incident, convicted cop-killer Joseph Bowen, had been transferred to Graterford from Holmesburg state prison in 1973 for murdering the warden and deputy warden . As punishment for the murders, Bowen was placed in solitary confinement at Graterford. However, in 1975, Community Legal Services succeeded in having Bowen returned to the general population. The hostage incident resulted when Bowen and three other inmates failed in an escape attempt and held 38 people for five days. Governor Thornburgh declared that “Never again should government permit ‘cause’ groups...to place the purported rights of vicious criminals above the safety of law enforcement and correction officers.”
See Jerry Flint, “Friends in Court,” Forbes, December 21,
1981, p. 34.
Never Again?
In 1994, Keystone Legal Services of Pennsylvania sued state prison officials because they sentenced an inmate to solitary confinement for planning a riot. Keystone filed suit against prison officials claiming that they violated Cecil Cook's right to due process because the charges were too weak to justify punishment. However, the court rejected Keystone’s arguments because prison officials had information from a reliable informant who gave very specific accounts of Cook’s plans. The court also took note of the statements of fellow inmates who said that it was a good move to lock up Cook.
See Cook v. Lehman, 863 F. Supp. 207 (US Dist. Ct.) 1994
State Sued For Kicking Able-Bodied Adults Off Welfare
In 1994, Community Legal Services sued the state for cutting off welfare
benefits to single, able-bodied adults. Under the state’s General Assistance
program, adults between the ages of 18 and 65 received $615 a year even
if they had no children and were fit to work. Governor Casey sought to
reduce the payments to $205 a year to achieve an estimated $110 million
in critically-needed budget savings. In the end, the state agreed
to reduce the cutback but did succeed in removing 14,000 from the rolls.
Those under 45 are expected to work unless they are mentally or physically
disabled. However, the state Labor and Industry Secretary complained that
Community Legal Services encouraged recipients who had applied for
job training to drop out so they could appeal the revocation of their welfare.
See Frank Reeves, “States Reduce Welfare Cutback,” Pittsburgh
Post-Gazette, Sept. 22, 1994, p. A1; and Hank Grezlak, “CLS Files Class
Action,” The Legal Intelligencer, Aug. 4, 1994, pg.1.
Legal Services Challenges Welfare Residency Requirement
Neighborhood Legal Services sued the state because it imposed a 60-day
residency requirement for receiving General Assistance benefits. Previously,
anyone could move to Pennsylvania and immediately be eligible for General
Assistance. Pennsylvania lawmakers have long been concerned that the state’s
high welfare benefits make it a haven for recipients from neighboring states.
A 60-day residency requirement would force newcomers to live without any
welfare for that period. Neighborhood Legal Services contends that such
restrictions are unconstitutional.
See Mike Bucsko, “Suit Challenges Residency Portion of Welfare
Reform,” Pittsburgh Post-Gazette, Sept. 28, 1994, pg. C5
State Sued for Trying to Control Soaring Medical Costs
In 1993, Community Legal Services sued the state for attempting to rein in soaring medical assistance costs. At that time, the state’s medicaid program consumed 15 percent of the state budget with costs increasing up to 20% annually. In an effort to cut $40 million from the $2.3 billion medical assistance budget, the state tried to save the program by scaling back services such as routine dental care. Emergency procedures would still be subsidized. In a court settlement, the Casey Administration agreed to restore some of the cuts, including routine dental care.
See Tim Reeves, “State Poor to Get Back Health Care Benefits,”
Pittsburgh Post-Gazette, June 11, 1993, pg. B1
Federal Judge Sanctions Legal Services Lawyer for Unethical Tactics
In 1992, a federal judge formally sanctioned a lawyer with Delaware
County Legal Assistance for using unethical legal tactics in delaying the
eviction of problem tenants from non-profit housing. For more than two
years, Delaware County repeatedly prevented Flower Manor, a private non-profit
group dedicated to providing low-income housing, from evicting tenants
who refused to pay rent. Flower Manor complained that “it is unfair for
an attorney who is paid with federal funds to intentionally delay and manipulate
in order to force” them to cave in to his unreasonable demands. Federal
District Court Judge Ronald Buckwalter agreed. He sanctioned Roger Ashodian
of Delaware County Legal Assistance for engaging in legal tactics whose
only purpose was to needlessly increase the cost of litigation.
See Cottman v. Flower Manor, Civil Action No. 91-4890 (US Dist.
Ct.) 1992