Kentucky grantees of the federally-funded Legal Services Corporation
have attacked parental rights, filed costly prison litigation cases and
filed suits demanding a radical expansion in welfare entitlements.
Jail Forced to Release Thousands of Criminals
Between 1986 and 1992, the Jefferson County Jail was forced to release
more than 15,000 prisoners as a result of a legal services lawsuit alleging
jail overcrowding. Initially, authorities tried to release only the most
non-violent of offenders. Unsatisfied with their efforts, however, the
Louisville Legal Aid Society forced the jail to prematurely release criminals
guilty of more serious offenses including drug possession and burglary.
For instance, one prisoner released before completing her full sentence
had a lengthy record which included cocaine possession, resisting arrest,
and receiving stolen property. Another freed inmate had burglary and disorderly
conduct convictions to his credit. One of the tactics legal aid used to
expedite prisoner releases was to demand that the county pay inmates $25
each day they lived in overcrowded conditions. Legal Aid’s suit also contributed
to a large increase in the the County’s Corrections budget which rose from
$6.5 million a year in 1980 to $19 million in 1991.
See Kay Stewart, “154 Are Released to End Crowding,” The Courier-Journal,
Jan. 24, 1992, pg. 1B; Kay Stewart, “New Limit On Inmates,”
The Courier-Journal, Dec. 25, 1991, pg. 1A.
Legal Aid Assaults Parental Rights
In 1993, the US Supreme Court put an end to Kentucky Legal Aid Society’s
11-year fight to deprive parents of the right to determine what is
best for their mentally-retarded children. The litigation began in 1982
when Legal Aid challenged the placement of a retarded man in an institution
without a court hearing. This resulted in a lower court decision which
held that parents had to get the permission of a judge before they could
place a profoundly retarded son or daughter in an institution. Legal Aid
lawyers argued that the rights of retarded adults are better served by
lawyers such as themselves rather than family. This resulted in one case
where the parents of a girl had to appear in court 20 times over a four
year period just to get the court’s approval for placing her in an institution.
To end this assault on parental rights, the Kentucky legislature enacted
a law in 1990 increasing parents’ legal rights in such cases. Legal Aid
then sued claiming this was unconstitutional. The Supreme Court upheld
the law.
See Andrew Wolfson, “High Court Rules on Rights of Retarded,”
The Courier-Journal, June 25, 1993, pg. 1A; State Rep. Bob Heleringer,
“Unjustified Intrusion,” The Courier-Journal, August 12, 1991, pg.
6A.
Tries to Halt Deportation of Drug-Dealing Alien
In 1993, Central Kentucky Legal Services tried to halt the deportation
of an alien convicted of drug dealing. In 1990, Carmen Gonzalez was convicted
and sentenced to prison for possession and conspiracy to distribute cocaine.
The Immigration and Naturalization Service then initiated deportation proceedings
in accordance with immigration laws which hold that any legal alien guilty
of a felony is deportable. On her behalf, legal services filed suit against
the INS claiming they failed to recognize Gonzalez’ efforts at rehabilitation.
An appeals court rejected the argument because Gonzalez refused to acknowledge
her guilt and insisted on blaming others for her crimes.
See Gonzalez v. Immigration and Naturalization Service, 996
F.2d, US App. Ct., 1993
Sues State Demanding Heating Aid for People Already Receiving Aid
In 1991, the Northern Kentucky Legal Aid Society sued the state because it denied federal heating aid payments to residents of public housing whose monthly housing subsidies already included an energy allowance. Legal services argued that it was unlawful to count public housing energy assistance in determining who should receive federal heating aid. The state argued that it withheld payments to public housing residents so more money would be available to low income residents lacking any subsidies. A US Appeals court ruled for the state.
See Kentucky v. North. Kentucky Welfare Rights Assoc., 954
F.2d 1179, US App. Ct., 1992
Sues State Demanding Excessive Welfare Entitlements
In 1993, the Legal Aid Society sued the state for denying AFDC benefits to a woman because the state counted her boyfriend’s SSDI payments in determining household income. Legal Aid’s position reflects legal services broader welfare agenda which seeks to radically expand the number of persons eligible for assistance by excluding the income of family members in calculating household income. In this particular case, Brenda Tigner had been receiving AFDC benefits for her two children. When her boyfriend John Basham moved in, the state took away her AFDC because the SSDI benefits he and his own child were receiving raised the household’s income above the AFDC eligibility level. Legal Aid argued that this was unlawful because they claimed that Tigner and her children did not actually benefit from Basham’s SSDI. However, the court rejected the argument because it was clear that Basham’s SSDI was in fact used for the benefit of the entire household.
See Tigner v. Human Resources, 858 S.W.2d 208, Ky. Ct.
of App., 1993