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As Congress prepares to begin deliberations on the Fiscal Year 2006 federal budget, the legal services community is fortunate that a solid bipartisan majority in Washington, D.C., including President Bush himself, endorses a robust federal role in promoting equal access to justice.

The 140 programs that LSC funds nationally continue to cultivate pro bono partners and adopt innovative approaches to provide quality legal assistance to those in need.

Yet even as we have solidified political support and seen our grantees make the most of their limited resources, we cannot escape the reality that legal aid programs are not adequately funded to meet the challenges that lie before them—foremost, ensuring the provision of high-quality legal services to all of the eligible poor. Achieving the goal of “equal justice under law” has grown increasingly difficult due to the shrinking value of LSC’s budget in real dollars and the growing demand for legal services among our poorest citizens.

One of the most important responsibilities of the LSC Board of Directors is to recommend an appropriate annual budget to Congress that will equip the Corporation and its grantees with the means to adequately provide access to civil justice. In making this recommendation, the Board carefully examines the specific needs of LSC’s grantees, mindful of the budgetary environment in which all congressional funding decisions are made.

Since 2001, LSC appropriation levels have remained relatively constant. For Fiscal Year 2006, the LSC Board of Directors is recommending to Congress an appropriation of $363.8 million, a $33 million increase over LSC’s FY05 appropriation. The lion’s share of this requested increase—some $25.9 million—is earmarked for direct client services. This funding would represent a necessary infusion for our front-line programs, whose dedicated staffs are most directly responsible for providing legal assistance to eligible clients.

Total inflation from the beginning of 2002 to the end of 2004 was 7.4 percent. Yet LSC’s final FY05 appropriation of $330.8 million is essentially the same as LSC’s FY02 funding of $329.3 million. The additional requested funding simply ensures that the 2006 budgets of LSC grantees do not fall further behind as a result of inflation. The relatively static level of funding is beginning to take its toll. The total number of cases handled by LSC grantees declined from 978,000 in 2002 to 901,067 in 2004. Georgia Legal Services has, for example, been forced to reduce the number of attorneys on staff by 25 in the last couple of years.

In addition, the most recent census data also supports the need for an LSC increase. A census report released in 2003 documented that 35.9 million people have incomes below the federal poverty threshold, while 45.2 million people are living at or below 125 percent of poverty (the standard which determines eligibility for LSC assistance). The situation for America’s children is particularly distressing, with 17.6 percent—almost 13 million—living in poverty. An LSC increase would help legal services programs make a difference in the lives of tens of thousands of additional clients who desperately need legal advice and assistance to keep their families healthy and safe.

One way that LSC programs have efficiently responded to the serious challenges of the new millennium is through implementation of innovative technologies that allow advocates to reach more of those in need relatively inexpensively. Statewide legal services websites, computerized intake systems, integrated telephone hotlines, and automated preparation of court forms are only a few of the new tools that have ushered in a bold new technological age in the legal services community. Despite the benefits, Congress last year reduced LSC funding for Technology Initiative Grants (TIG). For FY06, we are asking Congress to restore TIG funding to $5 million, as these grants represent perhaps the most promising vehicle by which our grantees can continue to do more with less.

In a recent survey, a majority of LSC grantees reported problems recruiting and retaining highly qualified lawyers. The average debt of law school graduates now exceeds $80,000, while the average starting salary at LSC programs is $37,500. To address this problem, LSC is unveiling a loan repayment assistance pilot program, which is discussed in more detail in this issue. Congress authorized LSC to spend $1 million on the pilot project this year. We are requesting another $1 million in FY06 to continue gathering data from this important pilot project.

n Attorney Frank B. Strickland, a partner at Atlanta's Strickland Brockington Lewis LLP, has served as LSC Chairman since April 2003.