National Legal and Policy Center -- Legal Services Accountability Project
 
LSAP REPORT
 
Issue # 69 -- March 6, 1998



 
Legal Services Harassment of Farmers

Federally-funded legal services lawyers have a long history of harassing farmers with frivolous litigation. Despite congressional reforms and bad publicity, legal services attorneys persist in this outrageous behavior.
 

North Carolina Legal Services Lawyers Go to Mexico to Find Clients

Last month, North Carolina legal services lawyers blatantly misused resources by travelling to Mexico to apparently advise Mexican citizens on U.S. labor law and solicit clients for possible lawsuits against American farmers. Farmworkers Legal Services of North Carolina, a major recipient of Legal Services Corporation funding, sent attorneys to the state of Hildago between February 4 and 6 to meet with Mexicans who had temporarily worked in the United States under the federal H-2A program or would be interested in working in the country in the future. The H-2A program manages the immigration of temporary foreign workers to help American farmers harvest their crops. Without the assistance of this foreign labor, many farmers would be unable to harvest their crops and face financial ruin. However, federal legal services lawyers have systematically harassed farmers who use H-2A labor with frivolous lawsuits that have driven many out of business.

Congressman Charles Taylor (R-NC) brought this serious matter to the attention of LSC President John McKay during a February 25 hearing before the House Appropriations Subcommittee on Commerce, Justice, State, the Judiciary and Related Agencies. McKay, who is requesting a $57 million increase in LSC's budget, had been complaining about how LSC grantees were having to turn away battered women because of recent budget cuts. However, Taylor described in detail how Farmworkers Legal Services of North Carolina apparently had enough money to mail letters to hundreds of Mexicans, send lawyers to the country and buy radio time announcing their impending visit. In its letter, FLS also said that any Mexican can call collect FLS's North Carolina offices if they have any questions. McKay professed ignorance of the matter but agreed that FLS's actions represented an improper use of resources and promised an investigation.
 

No Habla Ingles
In yet another instance of legal services harassment of farmers, Puerto Rican legal services filed several complaints against New Jersey farmers alleging a myriad of violations against Puerto Rican migrant workers. However, the farmers experienced considerable difficulty determining what exactly they were guilty of because the complaints were written in Spanish. Thus, in addition to having to hire a lawyer to deal with the alleged labor violations, the farmers had to pay for someone to translate the complaints into English. Rep. Hal Rogers (R-KY), Chairman of the House Subcommittee on Commerce, Justice, State, asked LSC officials what they intend to do about this scandalous behavior. LSC President John McKay said the problem had been brought to his attention and promised the committee that all future complaints would be filed in English.
 



 

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