THE SENATE

S.C.R. NO.

148

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 
   


SENATE CONCURRENT

RESOLUTION

 

requesting the formation of a task force to examine the feasibility of establishing a financial assistance program to defray law school related debt for William S. Richardson law school graduates who perform public interest work upon graduation.

 

WHEREAS, the demand for attorneys devoted to practicing in the area of public interest law in Hawaii is expected to increase in the future based upon demographic trends identified by various non-profit providers of legal services that receive funding from the State Indigent Legal Assistance Fund; and

WHEREAS, these organizations have concluded that:

(1) Each month approximately 500 to 1,000 families will no longer receive welfare support and will require legal assistance in order to qualify for other legal benefits;

(2) Indigent victims of domestic violence are applying in increasing numbers for various legal services, including protective orders, divorce, paternity, and post-judgment services;

(3) Individuals with disabilities, who comprise roughly 15 per cent of the State's population, have an unemployment rate of seventy-six per cent and will require continued access to legal services;

(4) By 2030, the elderly population in Hawaii will have doubled and will require legal assistance to prevent elder abuse, neglect, or exploitation;

(5) Native Hawaiians will continue to require legal assistance to respond to lawsuits that may result in the immediate loss of family lands; and

(6) Children account for nearly half of the State's poverty population and legal services must be made available to provide for their needs; and

WHEREAS, it is estimated that recent law school graduates accumulate roughly $100,000 in debt upon graduation from an accredited law school with monthly loan payments in excess of $1,000 dollars; and

WHEREAS, this high amount of debt dissuades many law school graduates, purely for economic and financial reasons, from taking, much less applying for, attorney positions with the government or a non-profit legal service provider that provides legal services to indigent or under-served populations; and

WHEREAS, a number of law schools, such as Cornell University, American University, and Northwestern University, have enacted loan repayment programs that enable graduates to take public interest attorney positions with the government or a non-profit legal service organization upon graduation, and in return these programs provide repayment assistance to lower the amount of law school related debt; and

WHEREAS, these loan forgiveness programs are vital to both recruiting and encouraging new or prospective attorneys to devote at least part of their legal careers to serving the indigent and under-served populations in society; and

WHEREAS, legislation was introduced in the 2005 legislative session which created a public interest loan repayment program for recent graduates of the William S. Richardson School of Law who would be eligible to receive financial assistance to reduce the amount of law school related debt, if they choose a career in public interest law; and

WHEREAS, this proposed public interest loan repayment program has generated much discussion within the community relating to the implementation and administration of this program, eligibility requirements, and amount of funding necessary to sustain this program; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-Third Legislature of the State of Hawaii, Regular Session of 2005, the House of Representatives concurring, that a task force be convened by the Dean of the William S. Richardson School of Law to determine the feasibility of establishing, administering, implementing, and financing a public interest loan repayment program as a means of encouraging recent graduates of the William S. Richardson School of Law to choose public interest careers in government or with a non-profit legal service organization; and

BE IT FURTHER RESOLVED that this task force be comprised of the Dean of the William S. Richardson School of Law or a designated representative, the President of the Hawaii State Bar Association or a designated representative, the Executive Director of the Legal Aid Society of Hawaii, a representative from the Student Bar Association at the William S. Richardson School of Law, and a representative from the Advocates for Public Interest Law organization at the William S. Richardson School of Law; and

BE IT FURTHER RESOLVED that task force members are urged to consult with and solicit the input of various non-profit legal service providers in Hawaii, including, but not limited to, the Domestic Violence Clearinghouse and Legal Hotline, Hawaii Disability Rights Center, Hawaii Justice Foundation, Na Loio, Native Hawaiian Legal Corporation, Seniors' Law Program, the University of Hawaii Elder Law Program, Volunteer Legal Services of Hawaii, and other non-profit legal service organizations to identify and determine the types of public interest work and clients that the participants in this financial assistance program would serve; and

BE IT FURTHER RESOLVED that the task force is requested to submit its findings and recommendations, including proposed legislation, to the Legislature no later than twenty days before the convening of the Regular Session of 2006; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Dean of the William S. Richardson School of Law, the President of the Hawaii State Bar Association, the Executive Director of the Legal Aid Society

of Hawaii, the Student Bar Association of the William S. Richardson School of Law, and the Advocates for Public Interest Law at the William S. Richardson School of Law.

 

 

 

OFFERED BY:

_____________________________

Report Title:

Law School Financial Assistance Program; Public Interest Law