MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary

By: Senator(s) Turner

AN ACT TO CREATE A SPECIAL FUND TO BE KNOWN AS THE MISSISSIPPI CIVIL LEGAL ASSISTANCE FUND; TO DESIGNATE ORGANIZATIONS ELIGIBLE TO RECEIVE FUNDS THEREFROM AND TO PROVIDE THAT FUNDS WILL BE USED TO PROMOTE INCREASED PARTICIPATION BY THE PRIVATE BAR IN THE DELIVERY OF LEGAL SERVICES TO THE INDIGENT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) There is hereby created in the State Treasury a special fund designated as the Civil Legal Assistance Fund into which shall be deposited such money as may be appropriated by the Legislature. The funds shall be administered by the Supreme Court through the Administrative Office of Courts. The fund shall consist of monies made available therefor by the Legislature through appropriation or other means, and the Administrative Office of Courts may also accept monies from any public or private source for deposit into the fund. Money remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned from the investment of monies in the fund shall be deposited to the credit of the funds. Money in the fund shall be utilized by the Administrative Office of Courts to provide legal representation for poor persons in civil matters as determined by the Supreme Court.

(2) All monies shall be allocated to only those organizations providing legal services to low income Mississippians, specifically those eligible to receive funds from the Legal Services Corporation Washington, D.C.

(3) The monies appropriated shall be distributed to eligible legal services programs based on the percentage of poverty population within the program service area, consistent with the formula used by the Legal Services Corporation.

(4) At least twelve and one-half percent (12-1/2%) of any monies appropriated to the fund shall be used to promote increased participation by the private bar in the delivery of legal services to the indigent through the Mississippi Volunteer Lawyers Project, which may include the operation of intake and referral systems; the provision of professional education regarding legal matters peculiar to the indigent; the provision of technical co-counseling assistance to private attorneys engaged in representing indigent clients in civil matters; and reimbursement of reasonable costs and expenses incurred by private attorneys in delivering pro bono legal assistance.

(5) No provision of this section shall be construed as limiting the maximum amount of funds that the governing body of a local legal services organization may use for promotion of pro bono services where it is deemed that the most effective and efficient system of delivering legal assistance to the local indigent population would require a sum in excess of twelve and one-half percent (12-1/2%). The local organization's governing body shall review annually the provision of pro bono services in its service area and allocate funds appropriately.

(6) Recipients of funds shall have the following duties:

(a) To develop, operate, and administer programs within their respective service areas that provide free legal services to indigent clients involved in civil matters;

(b) To report annually to the Supreme Court, through the Administrative Office of Courts, on its activities, including providing a copy of its annual audit that accounts for the use of the funds; and

(c) To refund annually all unused or uncommitted funds.

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.