The real cost of cutting legal aid

Dealing with the legal system can be stressful, even for a traffic ticket. However, if you are the victim of domestic violence, a former foster kid facing eviction or a veteran trying to access benefits, the stakes are high. These can be life-altering issues impacting someone’s safety, housing, health, and financial stability for decades.

Unlike criminal cases, people aren’t guaranteed a lawyer for civil cases. For many, that means going to court alone and facing property management companies, abusers and out-of-state debt collectors with lawyers. Research shows that victims of domestic violence are four times more likely to successfully leave an abusive relationship when they have legal representation.

Yet, civil legal assistance in Montana is incredibly limited. A recent study showed that 26 of the 56 counties in Montana have fewer than five lawyers, and three have none at all. At the same time, 90% of low-income Montanans don’t receive any legal help for civil cases. Without legal aid, families can fall into cycles of homelessness, poverty and crisis.

Fortunately, Montana has the Montana Legal Services Association. The association provides free civil legal assistance to low-income Montanans in areas such as housing, family law, domestic violence, access to public benefits, consumer protection, tribal law and support for victims of crime. Each year, the association helps thousands of Montanans avoid losing their homes, jobs or custody of their children. Montana Legal Services Association also offers free self-help resources to anyone navigating the legal system.

The Montana Justice Foundation is a nonprofit organization serving as the charitable arm of Montana’s legal community. Since 1979, the foundation has awarded $12 million in grants to nonprofits, including groups that address domestic violence, Court Appointed Special Advocates, youth services, Tribal legal and advocacy programs, mediation and conflict resolution and direct civil legal aid. We have proudly supported Montana Legal Services Association for decades with our words and grant funding.

Last year, the foundation had its largest grant-making year, awarding $1.6 million to nonprofits, including over $1 million to Montana Legal Services Association. These funds will help expand capacity, including funding a consumer protection attorney and a paralegal to fight predatory practices, efforts to stabilize funding, and help for clients whose legal needs fall outside the narrow federal priorities.

However, the need for legal services far exceeds the available resources. Montana, unlike most states, does not provide state funding for civil legal aid. Despite their essential role, Montana Legal Services Association can only help about half of those who qualify for assistance, and that number could drop dramatically. Congress is considering cuts to federal legal aid of up to 50%. This would be disastrous, forcing the association to lay off staff and significantly reduce their caseload.

Investing in civil legal services is not only a matter of fairness, but it is also smart policy. For every $1 invested in civil legal services, we see an estimated $7 return in economic and social benefits by preventing crises before they escalate into expensive emergencies like homelessness, emergency room visits or foster care placements.

Montana Legal Services Association was the last line of defense for 4,500 Montanans last year. We urge you to contact your congressional representatives to share your support for continued federal funding of civil legal aid.

Civil legal aid helps survivors secure protective orders, maintain housing, stabilize finances, and build safe futures for their children. The impact extends beyond the individual. We all benefit when people receive the legal help they need, because survivors achieve safety and stability, children perform better in school, workplaces become more productive, and communities spend less on emergency services and public assistance. Access to justice should not be a luxury. It is a cornerstone of a fair society.

Alissa Chambers is the executive director of the Montana Justice Foundation.