(Archived document, may contain errors)
9/28/82 6 DEADLINE NEARS FOR LEGAL- SERVICES CORP.
Congressional failure to schedule before adjournment a confirma
tion vote for all nine of Ronald Reagan's nominees to the Board of
Directors of the Legal Services Corporation will mean "business as
usual" at Legal Services, the government-funded public'corporation
that administers civil legal aid for the'poor.
Eight o f the existing Board members are presidential recess
appointments made in December 1981. The Constitution requires that
recess appointments (appointments made when Congress is not 'in
session) expire at the end of the congressional session, unless
they ar e approved by the Senate. If the Senate fails to act on
these appointments, the Corporation will be left with only one
functioning Board member--Mrs. Josephine Wbrthy, a Carter holdover.
Senate Democrats, however, have declined to enter into a time
agreeme nt for consideration of the nominations by the entire
Senate, thts perverting the'traditional "advice and consent"
function of the Senate regarding presidential nominations. When the
Senate adjourns sine die these appointments will expire.
The nine presid ential nominees awaiting a confirmation vote are
William Harvey, William Olson, Robert Stubbs, Annie Slaughter,
Harold de Mosse, Clarence McKee, Howard Dana, George Paras and
William Earle. Eight of these nominees were voted favorably out of
the Senate La bor and Human Resources Committee on July 15. A
Committee vote on the recess appointment of George Paras was
deferred at the White House's request.
Failure to schedule a confirmation vote will preclude Board
nominees from taking effective control of the Co rporation and its
grantmaking activities. Intense congressional concern over the
operations of the Legal Services Corporation is illustrated by the
rider to appropriations bill H.R. 6957, restricting lobbying and
other activities by Legal Services lawyers . Should the Corporation
have to function with a one-member Board of Directors,
serious'oversight of the local programs and staff will be extremely
difficult.
Sensing the possibility that a confirmation vote will not take
place, Corporation 9taff have seized the opportunity to protect
their pet local programs by speeding up the grant alloca-
2
t ion process.. On September 15, Acting President@Gerald Caplan
announced his resignation, effective September 27. Furthermore, he
proposed to delegate all of his presidential authority to Clint
Lyons, former Director of the Office of Field Services. This
transfer would include the power to make grants and enter into
contracts for local programs. This would permit Lyons, an old legal
services hand, to commit 1983 funds to programs imme- diately after
passage of H.R. 6957, or the Continuing Resolution now before
Congress. The resolution calls for.an appropriation in fiscal 1983
of $241 million to the Legal SeI:vices Corporation. A number of
Board members, including Chairman William Harvey, view Caplan's
purported delegation as remarkably inappropriate, if not
unauthorized under the Corporation'-s by-laws. The ulti- mate
resolution of these maneuvers remains in doubt. Nonetheless, once
the Corporation formally enters into these grants, control .of
local program activities probably will be lost for yet another
'year.
The conf irmation crisis is aggravated by laggard White House
action in filling the outstanding vacancy on the Board--a position
.previously held by Marc Sandstrom, a recess appointee who withdrew
in May. Administration and Senate inaction is,also responsible for
the presence of the remaining Carter holdover, Josephine Worthy.
Her term expired almost two years ago'!but she will continue to
serve uritil replaced by a Reagan nominee.
A speedy vote on confirmation is needed to ensure that a full Board
is in place to g overn the Corporation before the 1983 funds are
committed. The appointment of the now Board members will also
strengthen the hand of concerned citizens trying to prevent
"business as usual" within the Legal Services Corporation. Time is
of the essence.
Stuart Butler Director of Do*stic Policy Studies
For further reading:
Samuel J. Brakel, "Legal Services for the Poor in the Reagan
Years," American Bar Association Journal, vol. 68, July 1982, pp.
820-822. Marshall Breger, "Legal Aid for the Poor: A Concept ual
Analysis," North Carolina Law Review,- vol. 60, January 1982, pp.
282-363. Jerry Flint, "Friends in Court," Forbes, December 21,
1981, p. 34. 4 Neal R. Peirce and Carol Steinbach, "Some Friends in
High Places May Save Legal Aid for Poor from ixtinctio n," National
Journal, June 6, 1981p p. 25.
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