Legal Services Under Siege—Pushback, Retrenchment, and Stagnation

1970

Also referred to as the battle around “regionalization”, the struggle for control of Legal Services within OEO continues, in a repeat of 1967–1968. Field offices and the national Legal Services Director resist attempts to restructure the programs under the regional offices of the Community Action Program.

The Nixon Administration fires Terry Lenzner, Director of the National Legal Services program, and his deputy, Frank Jones, for their support of Legal Services’ field position on the regionalization issue.

In California, Governor Ronald Reagan vetoes a federal grant to California Rural Legal Assistance (CRLA), alleging various abuses, all of which are later deemed unfounded. His actions in California foreshadow attacks to come later during his Presidency.

SOLS becomes actively involved as amicus curiae in several key Legal Services cases.

1971

A special OEO blue ribbon commission finds no substance to the alleged CRLA abuses; Governor Reagan eventually withdraws his veto in return for a grant to set up a $2.5 million judicare demonstration project.

In reaction to the attacks and controversy, and based upon recommendations from an ABA committee and a Nixon Administration council, two bills to create a new, separate Legal Services Corporation are introduced, one with bipartisan sponsorship and one on behalf of the Nixon administration.

SOLS continues amicus work; regular New Jersey project director meetings are held and substantive task forces of Legal Services staff are convened to coordinate work in consumer, welfare, and housing law areas. De Miller joins SOLS as counsel.

OEO Legal Services Director Fred Speaker reaffirms law reform as a primary goal of the Legal Services program.

Monmouth and Ocean Legal Services programs are merged by OEO. The Sussex County Legal Services office opens, as part of Somerset-Sussex Legal Services. Camden and Newark both implement law reform units. (Newark’s had been set up earlier as a separate project; Camden’s was a unit within the overall program.)

In December, President Nixon vetoes the first Legal Services Corporation, contained in Economic Opportunity Act amendments, because it does not have enough restrictions.

1972

Camden Regional Legal Services (CLRS) draws national attention after filing a lawsuit on behalf of community groups to stop an urban renewal project. In February, the new Vice President, Spiro Agnew, intervenes, siding with the City of Camden and its mayor and even summoning CRLS Director David Dugan to a meeting at the White House. Later in the year, in an ABA Journal article, Agnew calls for extensive restrictions on Legal Services, including a ban on suits against government.

With a series of staff departures and political dismissals, SOLS ceases to be a leader and coordinator in New Jersey Legal Services. De Miller leaves SOLS to direct Middlesex County Legal Services. During the summer, the project directors form the New Jersey Project Directors Association under Jim Ventantonio; local project staff continue task forces and coordination to some extent, to take up the former roles of SOLS.

A new Legal Services Corporation bill is introduced, but after a series of unacceptable restrictive amendments, Congressional supporters of Legal Services are forced to abandon the Legal Services Corporation legislation at the end of the term.

1973

In January, President Nixon proposes dismantling OEO, appointing Legal Services critic Howard Phillips to carry out the job. Phillips declares, “I think legal services is rotten and it will be destroyed”; puts Legal Services programs on month to month funding; and then withholds even these checks, creating financial chaos in New Jersey and across the country as staff are asked to work for weeks without pay. Phillips also tries to defund backup centers and migrant programs and cancels law reform as a national goal.

By May, a federal court enjoins Phillips from serving as Director of OEO and declares his actions null and void because his name was not submitted for confirmation. New Legal Services Corporation legislation is introduced; in May, the House adds extensive amendments.

At mid year, the New Jersey project directors approve the formation of Legal Services of New Jersey (LSNJ); it is incorporated by Dave Dugan, Jane Cordo, Dick Pilch, Jim Ventantonio, and De Miller, and a $300,000 proposal for startup funding is submitted to OEO. The acting national director for Legal Services, Theodore Tetzlaff, is fired the day before he was to sign off on the proposal, and it is never funded.

Essex-Newark Legal Services, Newark Legal Services Project, and Newark-Essex Joint Law Reform Unit merge into a single program.

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