On September 28, the Legal Aid Foundation of S.B. County (LAF) hosted its annual Taste for Justice Chowderfest to raise funds for the civil legal services it provides countywide to low-income and vulnerable residents.
Held at the S.B. Carriage and Western Art Museum, the event featured tasty chowders and other food, along with beer and wine, from nearly 30 purveyors, all of whom donated their offerings. Guests voted S.B. Shellfish Company the Chowder Champion, Joe’s Café as First Runner-Up, and Scarlett Begonia as Second Runner-Up. The popular band Spencer the Gardener performed in the historic courtyard throughout the afternoon.
In the short program, Executive Director Jennifer Smith explained that while criminal defendants have the right to counsel, those who are harmed by a civil wrong do not. So, a survivor of domestic violence in need of a restraining order or a tenant facing an unjust eviction has no right to counsel. LAF addresses this civil justice gap.
In an interview, Smith related that one of LAF’s largest practice areas, landlord/tenant law, has grown more complex in recent years, making representation all the more important. While tenants have gained some protections at the state and local level, she noted, those laws are meaningful only if they are enforced. LAF plays a key role advising tenants of their rights.
Sometimes, tenants are evicted by default for simply failing to appear after being served with an eviction notice. A recent state law increased the notice period from five to 10 business days, but especially where there is a language barrier, tenants are still at risk for default judgments for failure to appear. LAF works hard to prevent this.
LAF has always provided its services to people regardless of immigration status and continues to do so. Challenges abound, however, in the current climate. Undocumented individuals and even naturalized citizens are fearful, Smith related, and LAF staff does all they can to provide them with knowledge of their rights in various legal matters.
Undocumented status can impact residents in a multitude of ways — from witnesses in a domestic violence case being afraid to testify to landlords using a tenant’s undocumented status as a threat against him or her.
LAF does some immigration law work too, including U visas, for which an undocumented survivor of domestic violence who seeks help and cooperates with law enforcement can apply. The visa holder is permitted to work and can apply for permanent legal residence.
LAF also has one part-time attorney who does consultations with undocumented residents to apprise them of their potential immigration remedies. Providing a trusted source is a critical service, Smith explained, because immigration law is exceedingly complex and unscrupulous businesses are taking clients’ money with false promises of immigration assistance.
LAF’s limited resources requires that it focus on only a few practice areas and it has prioritized safety, shelter, and economic well-being. Evictions and representing survivors of intimate partner violence seeking restraining orders are LAF’s two largest practice areas. Sadly, LAF does not have the capacity to assist in many other important areas, including employment law and general wills. Moreover, demand for its services far exceeds its capacity at all of its offices.
Referencing a recent State Bar of California report, Smith related how our civil justice system is increasingly becoming a system for corporations and other large entities, where it has become even harder for individuals to meaningfully access it. Thus, much work is needed to ensure that the system serves everyone, especially those most vulnerable and those least likely to be able to access legal services.
Smith explained that with the current political environment and more than 10 percent of its budget coming from the federal government, LAF is presently faced with considerable financial uncertainty. Two years ago, its Family Violence Prevention (FVP) funding was reduced, which led to the loss of one of its three FVP attorneys. The nonprofit is bracing for further funding cuts or unacceptable funding restrictions. Also, budgetary challenges at the state and local level pose risks for the funding LAF receives from those sources as well.
In its 66th year and with a current budget of $3.5 million, LAF has 11 attorneys spread over its Santa Barbara. Santa Maria, and Lompoc offices and another three who staff the county’s Legal Resource Centers at the Superior Court buildings. Last fiscal year, LAF attorneys provided legal representation to 657 individuals and assisted more than 8,000 more at the Legal Resource Centers. As always, it seeks community support to supplement the funding it receives from government sources and the State Bar of California.
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