Commentary: Cutting corners on civil legal assistance fund won't save taxpayers any money
The Interest on Lawyer Account Fund deserves full support, because vulnerable New Yorkers should not have to navigate life-altering legal crises alone.
By Monice Barbero ,For the Times Union
Every day across New York, families facing domestic violence, eviction, crushing debt, deportation or the loss of custody confront a legal system that is complex, intimidating and unforgiving — especially without a lawyer.
For many, access to civil legal services is the difference between safety and danger, stability and crisis, recovery and collapse. Unlike in criminal cases, there is no guaranteed right to an attorney in civil matters, even when the consequences could be life-changing.
When civil legal services work as intended, they provide a single, trusted entry point into the justice system. They help people navigate overlapping legal problems, connect them to the right expertise and prevent crises from spiraling into long-term harm.
That system, however, is quietly at risk because of a consequential omission in the executive budget.
The budget does not include full appropriation authority for the Interest on Lawyer Account (IOLA) Fund, a critical source of funding for civil legal services statewide. IOLA requested $102.5 million, but the appropriation authority in the budget falls $25 million short.
These are not taxpayer dollars. They are funds generated through interest on attorney escrow accounts and already held by IOLA for the sole purpose of supporting civil legal services, as required by law.’
Failing to fully appropriate these funds does not save the state money. It simply weakens a system that the state itself has spent years trying to stabilize.
Civil legal services are also essential to advancing the governor’s priorities around affordability and immigrant protections. Legal services providers help families stay housed, secure benefits they are legally entitled to, escape abusive situations and navigate complex immigration systems at a time of heightened federal enforcement. Without access to trusted legal counsel, these policy goals cannot be fully realized.
IOLA is now in the second year of a five-year, competitively bid contract cycle designed to give civil legal services providers predictability so they can retain staff, coordinate services and respond to growing need. That stability allows legal services organizations to work collaboratively across practice areas, ensuring that New Yorkers facing intertwined legal challenges receive comprehensive, efficient support rather than fragmented assistance.
Providers have also partnered with IOLA on long-term investments meant to reduce duplication, ease access and help New Yorkers who are facing eviction, deportation or family crises navigate complex systems without falling through the cracks. Without the additional $25 million, cuts are inevitable. That means fewer lawyers, fewer services and fewer chances for families to regain their footing.
The good news is that this problem is fixable. Unfortunately, Gov. Kathy Hochul’s 30-day budget amendments did not restore the full $102.5 million requested by IOLA, leaving the $25 million shortfall in place. But the governor and Legislature can still correct this in the final enacted budget by providing full appropriation authority, at no cost to taxpayers.
Doing so would reaffirm New York’s commitment to safety, stability, affordability and dignity. It would help ensure that survivors of domestic violence, immigrant families, parents and children are not left to navigate life-altering legal crises alone.
Monice Barbero is the chief executive officer of The Legal Project.
