National Legal and Policy Center -- Legal Services Accountability Project
 
LSAP REPORT
 
Issue # 19 -- December 4, 1995


 
California’s Legal Services Woes

California grantees of the Legal Services Corporation have  inflicted significant harm on the state. They have thwarted welfare reforms, overturned laws against abusive panhandlers, kept able-bodied men on welfare and  allowed illegal aliens access to government services. The cost of this and other activism to Californians in both money  and quality of life has been high.
 

Lawmakers Outraged at Legal Services Subversion of Welfare Reforms

Last year, Governor Pete Wilson and state legislators expressed their outrage over legal services repeated efforts to overturn the state’s ambitious welfare reforms. Under the state’s “carrot and stick” approach, recipients had their AFDC benefits cut 15% to make welfare less attractive but allowed to earn more money to ease their way to self-sufficiency. However, the Western Center on Law and Poverty succeeded in overturning one-third of the cuts, claiming that the reforms imposed undue hardships on the poor.  Besides forcing the state to spend an extra $130 million a year, the increased expenditures seriously dilute the state’s attempts to remove the perverse incentives to welfare dependency. Governor Wilson said of the Western Center that “It is outrageous  that this self-appointed band of ‘welfare advocates’ can substitute its distorted view of welfare reform” for the policy of the “duly-elected state legislature.”
 
See K.L. Billingsley, “Welfare Legal Eagles Fly High,” The Washington Times, September 6, 1994, pg. A1
 

Counties Sued for Trying to Keep Employable Adults Off Welfare

Over the last four years, legal services lawyers have halted the attempts of several county governments to reduce welfare benefits for healthy, adult men eligible to work. Many counties faced with tight budgets have sought to restrict benefits to this least deserving category of recipients only to have legal services thwart their efforts. In 1991, for instance, the Legal Aid Foundation of Los Angeles forced Los Angeles County to increase General Assistance monthly benefits from $312 to $341. In 1992, the Legal Aid Society of San Diego prevented San Diego County from limiting adult men to 3 months of assistance per year forcing the county to spend $6 million. In 1993, the Legal Aid Society of Alameda County stopped that county from imposing a similar three month restriction for 7000 employable adults at a cost of $15 million. However, this year Sacramento County did win the right, over the vigorous objections of legal services lawyers, to reduce the monthly benefits for employable recipients from $286 to $221.
 
See Ronald Taylor,  "County Ready to Enact Hike,” Los Angeles Times, June 11, 1991, pg. 3 (For further  background, contact NLPC)
 

Legal Services Attacks Crackdown On Welfare Fraud

Legal services groups have attacked an innovative welfare anti-fraud program even though it has saved millions of dollars. Several California counties, following the lead of Los Angeles County, now fingerprint welfare recipients to prevent potential abusers from signing up more than once for benefits. However, when Los Angeles County announced that it saved $4.5 million in one month with a potential savings of $116 million over two years, the only comment of the Legal Aid Foundation of Los Angeles was “why we are so self-congratulatory” about saving money. When Sacramento  County announced that it would start fingerprinting, a lawyer with Legal Services of Northern California said it was unfair because it would deter those with outstanding warrants and arrest records from applying. A survey of welfare recipients showed that 95% supported the program because it would make welfare more credible.
 
See Leslie Berger, “Savings Seen in Welfare Fingerprint Program,” Los Angeles Times, October 15, 1994, pg. B1; Maria Camposeco, “New   Welfare Anti-Fraud  Effort Comes Under Fire,” Sacramento Bee, Dec. 26, 1994, pg. B1
 

Homeless Go On $400,000 Drug and Drinking Binge

In 1991, the Legal Aid Society of Orange County won $400,000 from the city of Santa Ana for more than 30 homeless persons as compensation for supposed suffering they experienced when police forcibly removed them from the grounds of the city civic center.  Despite the fact that the vast majority of the homeless plaintiffs were drug addicts and alcoholics, the settlement Legal Aid lawyers worked out simply gave each homeless person $11,000 without any requirements that they get counseling for their maladies. The predictable result was a wild binge of drunkenness, drug use and outlandish squandering of money. One homeless person said he used his money to treat his friends to a night on the town in a limo and looking for all the drugs his money could buy. Another also admitted to “cruisin” in a luxury car with friends and getting drunk.  One man who fared better than the rest said he found a nice apartment with a jacuzzi but says that he still drinks and has no intention of getting a job. Within months, of the 31 homeless plaintiffs who received damage awards, 11 were homeless again, several were running out of money and some had simply disappeared. Only 9 were legitimately trying to turn their lives around.  All Legal Aid lawyers had to say was that the homeless were entitled to use the money as they saw fit.
 
See Gebe Martinez, “Money Didn’t Buy Them Happiness,” Los Angeles Times, Dec. 2, 1991, pg. A1
 

Legal Aid Calls Cuts in Medical Assistance for Aliens Racist

In 1993, the Legal Aid Society of San Diego criticized San Diego County for cutting off emergency care benefits to illegal aliens. The county took the action when it discovered that $5.2 million of a $10.8 million emergency care program for the uninsured was going to illegal immigrants. County authorities say that they can not provide such care when services are already limited for legal residents. Legal Aid said the cuts were racially motivated.
 
See Rex Dalton, “County to Halt Medical Funds for Migrants,” The San Diego Union-Tribune, November 8, 1993, pg. B1



 

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