CR 23 - Class ActionsComments for CR 23 must be received no later than April 30, 2017.
GR 9 COVER SHEET CR 23 (A) Name of the Proponent: The Legal Foundation of Washington (LFW) (B) Spokesperson: Legal Foundation of Washington M. Laurie Flinn Connelly, Chair Staff Contact: Caitlin W. Davis, Executive Director (C) Purpose and Effect of the Suggested Technical Change to Rule: Recognizing that access to the civil justice system was a chronic problem, in 2006 the Washington Supreme Court amended CR 23 to allow not less than 25% of residual funds in class action cases (Class Action Residual Funds) be disbursed to LFW to support legal aid programs. While the Class Action Residual Funds have been a valuable source of support for civil legal aid, they have not been sufficient to fully address the civil legal needs of the most vulnerable Washington residents. The challenge to funding civil legal needs was exacerbated by the recession in 2008. Between 2008 and 2009, the Federal Reserve Board cut key interest rates to near zero, which caused the revenue stream from the interest on lawyers trust accounts to drop by 80%.1 Since that time, LFW and its partner organizations LAW Fund (now incorporated into LFW) and the Endowment for Equal Justice have received over $40 million dollars for the benefit of civil legal aid, both directly and indirectly, as a result of the initial Class Action Residual Funds amendment to CR 23. While LFW has done its best to find additional funding sources, it is the Class Action Residual funding from CR 23 that has allowed LFW to stabilize Washington’s Alliance for Equal Justice, to prevent the deep funding cuts to individual legal aid programs that would have been necessary after IOLTA revenue dropped, as well as to provide significant funding in targeted areas of need, including prisoners, their families, and those individuals recently released from prison.
Moreover, there is precedent for the proposed increase in the percentage of residual funds allocable to the LFW to not less than 50%, as that level of funding has been adopted by court rule in at least 8 other states: Colorado, Illinois, Montana, Oregon, Pennsylvania and South Carolina, as a means of increasing funding for civil legal aid. In addition, in August 2016, the ABA House of Delegates issued a resolution and report, encouraging states to use class action residual funds to “improve access to civil justice for persons living in poverty.” A copy of that resolution and report is attached and incorporated herein. In sum, the LFW believes that the proposed amendment would serve to address the ongoing void in civil legal aid funding caused by the drop in IOLTA interest rates triggered by the 2008 recession, as well as to address the growing need for civil legal services that the 2015 Study has documented. 1 Unfortunately, while the economy has improved, that improvement has not been seen in the interest rates on these accounts, which remain at historically low levels. |
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