Texas State Senator Rodney Ellis woke up one day this spring and went through his usual morning routine: he read the newspaper, ate breakfast, showered, and donned a dapper Brioni suit. On this Monday morning, however, Ellis left his Italian loafers in the closet and slid on a pair of blue Nike Air Max sneakers.

Ellis, a Houston attorney, was lacing up to save a small provision that could send almost $5 million dollars to funding-starved legal aid groups in the Longhorn State. When a state senate colleague introduced an amendment designed to strip the bill of a mandatory $65 attorney annual dues fee to raise money for legal services, Ellis took to the floor and threatened to filibuster the proposal. He drew his colleagues’ attention to his footwear and informed them that he was prepared to deliberate the folly of the amendment until midnight, if necessary. “I wanted to stress to my colleagues that I was serious,” says Ellis, a Democrat. 

Ellis knew he had leverage. May 28 was the last day the Texas Senate could consider bills during the legislative session, and a filibuster would have killed several major pieces of legislation. “Sometimes when you feel strongly enough about something you have to stand up and support it,” he says.

And Ellis was prepared to stay on his feet—for the better part of a day, if necessary—to ensure that access to justice did not evaporate for poor families. “We have a sagging economy in Texas, and many people with minimum wage jobs—day laborers and construction workers—are now in need of legal help,” he says. “These are people who get up and catch the early bus to work.”

Although Texas Bar President Guy Harrison says he worries about a backlash from attorneys opposed to mandatory contributions, supporters of the annual fee are quick to point out that $65 translates to just over $5 a month. In 2002, only 22 percent of the state’s approximately 70,000 lawyers made voluntary $65 contributions.

“There are so many people who count on the justice system who don’t have the means to pay for legal representation,” Ellis says. “In our justice system so much depends on the quality of legal representation. This will help all lawyers meet their ethical obligations to ensure justice for all.”

Heavyweight Help In Illinois
Ex-Senator Paul Simon, Ex-Governor James Thompson step into state's legal services funding fray

With budget cuts taking their toll and no funding reprieve on the horizon, Illinois equal justice advocates decided it was time to mobilize the state’s big hitters in the struggle for more legal aid resources. Two veteran leaders answered the call—one a former Democratic Senator and presidential candidate, the other an ex-Republican Governor. 

“Access to the justice system is a basic right that should be afforded to everyone, regardless of their income or whether they live in an urban or rural area,” says former U.S. Senator Paul Simon (D-IL), who earned national recognition for his bow ties and straight talk in a 1988 bid for the White House.

Working with Simon is Former Illinois Gov. James Thompson, who notes that “by providing people with the legal help they need now, we can help prevent problems such as domestic violence and homelessness.”

The Illinois Equal Justice Founda­tion—the entity that doles out money to legal aid groups—launched the Equal Justice Illinois Campaign with a goal of doubling the annual state appropriation for legal services (which currently stands at $490,000). Simon and Thompson, both long-time supporters, were recruited to head the campaign, while Illinois Chief Justice Mary Ann McMorrow and Chicago Mayor Richard M. Daley joined a committee of 30 Illinois leaders in support of the effort.

Since its creation in 1999 under the Illinois Equal Justice Act, the Foundation has achieved modest success. Over the last two years, it has distributed $952,525 to programs across the state. The campaign’s immediate fundraising goal is to raise $1 million for 2004 by lobbying the state legislature, although equal justice leaders realize that additional funds will be hard to come by in the current fiscal climate.

Says Simon: “With more resources, Illinois’ legal aid providers can help more victims of domestic violence obtain orders of protection, help more seniors protect themselves from consumer fraud, and help more families remain in safe and secure housing.” 

For Simon, the push to rescue legal aid is both familiar and familial. While in the Senate, he helped save the Legal Services Corporation in the mid-1990s when a few members of Congress attempted to phase the congressionally charted organization out of existence. Simon’s daughter, Sheila, is a former legal aid attorney in Illinois. She went to work for LSC-funded Land of Lincoln Legal Assistance Foundation after graduating from Georgetown School of Law, spurning several lucrative offers from larger area firms to do so.

Without an immediate infusion of funds, legal aid programs like Land of Lincoln will be forced to close offices, depleting more lawyers from an undermanned workforce already struggling to meet a fraction of the need for their assistance. Land of Lincoln has already laid off 20 percent of its staff this year due to funding cuts, reports Executive Director Joe Bartylak.

Of the ten most populous states, Illinois ranks last in the dollar amount it appropriates for legal services. The average state appropriation for legal aid in America is about $5.4 million. In 2002, less than 2 percent of the estimated $30 million total investment for legal services in Illinois came from the legislature.