LSC published a proposed rule as a Notice of Proposed Rulemaking on April 15, 2014. The comment period for the proposed rule will close on June 16, 2014. Written comments must be submitted to Stefanie K. Davis, Assistant General Counsel, Legal Services Corporation, 3333 K Street NW., Washington, DC 20007; (202) 337-6519 (fax) or firstname.lastname@example.org. Electronic submissions are preferred via email with attachments in Acrobat PDF format. Written comments sent to any other address or received after the end of the comment period may not be considered by LSC.
July 2, 2014 New York State Bar Association
June 16, 2014 Legal Aid Society of Northeastern New York, Inc.
June 16, 2014 National Legal Aid & Defender Association
June 16, 2014 California Commission on Access to Justice
June 16, 2014 Legal Services New York City
June 13, 2014 Northwest Justice Project
June 13, 2014 California Rural Legal Assistance, Inc.
June 6, 2014 American Bar Association
The LSC Pro Bono Task Force (PBTF) released a report of its findings and recommendations on October 1, 2012. The PBTF's recommendation 2 addresses LSC’s Private Attorney Involvement (PAI) regulation, which requires grantees to expend an amount equivalent to 12.5 percent of their basic field grants to encourage the involvement of private attorneys in the delivery of legal assistance to eligible clients. The regulation prescribes certain activities that can be counted as meeting the PAI requirement. The PBTF found that the PAI regulation poses a number of challenges to grantees as they seek to expand pro bono resources and assistance. In light of the findings and recommendations of the PBTF, on January 26, 2013, the LSC Board of Directors authorized initiation of rulemaking to explore rulemaking options regarding the PAI requirement.
Recommendation 2 contains three recommendations, which are the three topics for this rulemaking.
More information on these three topics and and related questions are available to download on this link.
On April 15, 2013, the LSC Board approved plans to convene two rulemaking workshops. Held on July 23 and September 17, these workshops involved an open discussion among LSC, panelists, and public participants regarding the three topics identified by the PBTF for possible revisions to the PAI regulation. LSC accepted further written comments through October 17.
The Operations and Regulations Committee (Committee) of the LSC Board of Directors met on March 3, 2014, to discuss proposed changes to the rule in advance of the April 6-8, 2014 meeting of the Board of Directors. LSC will present a full Notice of Proposed Rulemaking (NPRM) for part 1614 to the Committee and the Board for review and possible approval at the April meeting. Upon approval of the Board, the NPRM will be published for a sixty-day public comment period.
PAI Rulemaking Workshop 1was conducted in Denver, Colorado, on July 23, 2013. The following resources are specific to that workshop:
PAI Rulemaking Workshop 2 was coducted in Washington, DC, on September 17, 2013. The following resources are specific to that workshop:
Federal Register Notices: Published Notice of Rulemaking Workshops and Revised Notice with Additional Questions and Extension of Deadline
Documents initiating rulemaking:
Opinions Referenced in the Pro Bono Task Force Report: