HR 6088 IHCommentsClose CommentsPermalink

To establish a domestic violence volunteer attorney network to represent domestic violence victims.CommentsClose CommentsPermalink

May 20, 2008

Mr. CONYERS (for himself and Mr. POE) introduced the following bill; which was referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

To establish a domestic violence volunteer attorney network to represent domestic violence victims.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `National Domestic Violence Volunteer Attorney Network Act'.CommentsClose CommentsPermalink

SEC. 2. NATIONAL DOMESTIC VIOLENCE VOLUNTEER ATTORNEY NETWORK.

The Violence Against Women Act of 1994 (Public Law 103-322) is amended by adding at the end the following:CommentsClose CommentsPermalink

`Subtitle Q--National Domestic Violence Volunteer Attorney Network

`SEC. 41701. NATIONAL DOMESTIC VIOLENCE VOLUNTEER ATTORNEY NETWORK.

`(a) In General-CommentsClose CommentsPermalink





`(1) GRANTS- The Attorney General may award grants to the American Bar Association Commission on Domestic Violence to work in collaboration with the American Bar Association Committee on Pro Bono and Public Service and other organizations to create, recruit lawyers for, and provide training, mentoring, and technical assistance for a National Domestic Violence Volunteer Attorney Network.CommentsClose CommentsPermalink





`(2) USE OF FUNDS- Funds allocated to the American Bar Association's Commission on Domestic Violence under this section shall be used to--CommentsClose CommentsPermalink





`(A) create and maintain a network to field and manage inquiries from volunteer lawyers seeking to represent and assist victims of domestic violence;CommentsClose CommentsPermalink





`(B) solicit lawyers to serve as volunteer lawyers in the network;CommentsClose CommentsPermalink





`(C) retain dedicated staff to support volunteer attorneys by--CommentsClose CommentsPermalink





`(i) providing field technical assistance inquiries;CommentsClose CommentsPermalink





`(ii) providing on-going mentoring and support;CommentsClose CommentsPermalink





`(iii) collaborating with national domestic violence legal technical assistance providers and statewide legal coordinators and local legal services programs; andCommentsClose CommentsPermalink





`(iv) developing legal education and other training materials; andCommentsClose CommentsPermalink





`(D) maintain a point of contact with the statewide legal coordinator in each State regarding coordination of training, mentoring, and supporting volunteer attorneys representing victims of domestic violence.CommentsClose CommentsPermalink





`(b) Authorization- There are authorized to be appropriated to carry out this section $2,000,000 for fiscal year 2009 and $3,000,000 for each of the fiscal years 2010 through 2013.CommentsClose CommentsPermalink





`(c) Eligibility for Other Grants- A receipt of an award under this section by the Commission on Domestic Violence of the American Bar Association shall not preclude the Commission from receiving additional grants under the Office on Violence Against Women's Technical Assistance Program to carry out the purposes of that program.CommentsClose CommentsPermalink





`(d) Other Conditions-CommentsClose CommentsPermalink





`(1) REQUIRED PARTNERSHIPS- In developing and implementing the national volunteer attorney network described in this section, the American Bar Association's Commission on Domestic Violence shall partner, when possible, with 1 or more national domestic violence organizations with demonstrated expertise in providing training and technical assistance to a national audience. Any such partner must be fairly compensated for its participation in developing and implementing the network.CommentsClose CommentsPermalink





`(2) STANDARD GRANT CONDITION- Any award made to the American Bar Association's Commission on Domestic Violence under this section shall be subject to the Office on Violence Against Women's standard grant award conditions and reporting requirements.CommentsClose CommentsPermalink

`SEC. 41702. DOMESTIC VIOLENCE VOLUNTEER ATTORNEY REFERRAL PROGRAM.

`(a) Pilot Program-CommentsClose CommentsPermalink





`(1) IN GENERAL- For fiscal year 2009, the Office on Violence Against Women of the Department of Justice, in consultation with the Domestic Violence Legal Advisory Task Force, shall designate 5 States in which to implement the pilot program of the National Domestic Violence Volunteer Attorney Referral Project and distribute funds under this subsection.CommentsClose CommentsPermalink





`(2) CRITERIA- Criteria for selecting the States for the pilot program under this subsection shall include--CommentsClose CommentsPermalink





`(A) equitable distribution between urban and rural areas and equitable geographical distribution;CommentsClose CommentsPermalink





`(B) States that have a demonstrated capacity to coordinate among local and statewide domestic violence organizations;CommentsClose CommentsPermalink





`(C) States that have organizations serving immigrant women; andCommentsClose CommentsPermalink





`(D) States that have volunteer legal services offices throughout the State.CommentsClose CommentsPermalink





`(3) PURPOSE- The purpose of the pilot program under this subsection is to--CommentsClose CommentsPermalink





`(A) provide for a coordinated system of ensuring that domestic violence victims throughout the pilot States have access to safe, culturally, and linguistically appropriate representation in all legal matters arising as a consequence of the abuse or violence; andCommentsClose CommentsPermalink





`(B) support statewide legal coordinators in each pilot State to manage referrals for victims to attorneys and to train attorneys on related domestic violence issues.CommentsClose CommentsPermalink





`(4) ROLE OF STATEWIDE LEGAL COORDINATOR- A statewide legal coordinator under this subsection shall--CommentsClose CommentsPermalink





`(A) be employed by the State domestic violence coalition, unless the State domestic violence coalition determines that the needs of victims throughout the State would be best served if the coordinator was employed by another statewide organization;CommentsClose CommentsPermalink





`(B) be an attorney in good standing licensed to practice law in the applicable State;CommentsClose CommentsPermalink





`(C) have or obtain training to gain expertise in providing legal assistance to victims of domestic violence;CommentsClose CommentsPermalink





`(D) develop and maintain an updated database of attorneys throughout the State, including--CommentsClose CommentsPermalink





`(i) legal services programs;CommentsClose CommentsPermalink





`(ii) volunteer programs;CommentsClose CommentsPermalink





`(iii) organizations serving immigrant women;CommentsClose CommentsPermalink





`(iv) law school clinical programs;CommentsClose CommentsPermalink





`(v) bar associations;CommentsClose CommentsPermalink





`(vi) attorneys in the National Domestic Violence Volunteer Attorney Network; andCommentsClose CommentsPermalink





`(vii) local domestic violence programs;CommentsClose CommentsPermalink





`(E) consult and coordinate with existing statewide and local programs including volunteer representation projects or statewide legal services programs;CommentsClose CommentsPermalink





`(F) provide referrals to victims who are seeking legal representation in matters arising as a consequence of the abuse or violence;CommentsClose CommentsPermalink





`(G) participate in biannual meetings with other pilot program grantees, American Bar Association Commission on Domestic Violence, American Bar Association Committee on Pro Bono and Public Service, and national domestic violence legal technical assistance providers;CommentsClose CommentsPermalink





`(H) receive referrals of victims seeking legal representation from the National Domestic Violence Hotline and other sources;CommentsClose CommentsPermalink





`(I) receive and disseminate information regarding volunteer attorneys and training and mentoring opportunities; andCommentsClose CommentsPermalink





`(J) work with the Office on Violence Against Women, the American Bar Association Commission on Domestic Violence, and the National Domestic Violence Legal Advisory Task Force to assess the effectiveness of the pilot program.CommentsClose CommentsPermalink





`(5) ELIGIBILITY FOR GRANTS- The Attorney General shall award grants to statewide legal coordinators under this subsection for purposes of the pilot program established under paragraph (1).CommentsClose CommentsPermalink





`(6) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated $750,000 for fiscal year 2009 to fund at least 1 statewide coordinator position and other costs associated with the position in the 5 pilot program States under this subsection.CommentsClose CommentsPermalink





`(7) EVALUATION AND REPORTING- An entity receiving a grant under this subsection shall submit to the Department of Justice a report detailing the activities taken with the grant funds, including such additional information as the agency shall require.CommentsClose CommentsPermalink





`(b) National Program-CommentsClose CommentsPermalink





`(1) PURPOSE- The purpose of the national program under this subsection is to--CommentsClose CommentsPermalink





`(A) provide for a coordinated system of ensuring that domestic violence victims throughout the country have access to safe, culturally, and linguistically appropriate representation in legal matters arising as a consequence of the abuse or violence; andCommentsClose CommentsPermalink





`(B) support statewide legal coordinators in each State to coordinate referrals to domestic violence attorneys and to train attorneys on related domestic violence issues, including immigration matters.CommentsClose CommentsPermalink





`(2) GRANTS- The Attorney General shall award grants to States for the purposes set forth in subsection (a) and to support designated statewide legal coordinators under this subsection.CommentsClose CommentsPermalink





`(3) ROLE OF THE STATEWIDE LEGAL COORDINATOR- The statewide legal coordinator under this subsection shall be subject to the requirements and responsibilities provided in subsection (a)(4).CommentsClose CommentsPermalink





`(4) GUIDELINES- The Office on Violence Against Women, in consultation with the Domestic Violence Legal Advisory Task Force and the results detailed in the Study of Legal Representation of Domestic Violence Victims, shall develop guidelines for the implementation of the national program under this subsection, based on the effectiveness of the Pilot Program in improving victims' access to culturally and linguistically appropriate legal representation in the pilot States.CommentsClose CommentsPermalink





`(5) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated $8,000,000 for each of the fiscal years 2010 through 2013 to fund the statewide coordinator position in every State and other costs associated with the position.CommentsClose CommentsPermalink





`(6) EVALUATION AND REPORTING- An entity receiving a grant under this subsection shall submit to the Department of Justice a report detailing the activities taken with the grant funds, including such additional information as the agency shall require.CommentsClose CommentsPermalink

`SEC. 41703. TECHNICAL ASSISTANCE FOR THE NATIONAL DOMESTIC VIOLENCE VOLUNTEER ATTORNEY NETWORK.

`(a) Purposes- The purpose of this section is to allow--CommentsClose CommentsPermalink





`(1) national domestic violence legal technical assistance providers to expand their services to provide training and ongoing technical assistance to volunteer attorneys in the National Domestic Violence Volunteer Attorney Network; andCommentsClose CommentsPermalink





`(2) providers of domestic violence law to receive additional funding to train and assist attorneys in the areas of--CommentsClose CommentsPermalink





`(A) custody and child support;CommentsClose CommentsPermalink





`(B) employment;CommentsClose CommentsPermalink





`(C) housing;CommentsClose CommentsPermalink





`(D) immigrant victims' legal needs (including immigration, protection order, family and public benefits issues); andCommentsClose CommentsPermalink





`(E) interstate custody and relocation law.CommentsClose CommentsPermalink





`(b) Grants- The Attorney General shall award grants to national domestic violence legal technical assistance providers to expand their services to provide training and ongoing technical assistance to volunteer attorneys in the National Domestic Violence Volunteer Attorney Network, statewide legal coordinators, the National Domestic Violence Hotline, and Internet-based legal referral organizations described in section 1201(i)(1).CommentsClose CommentsPermalink





`(c) Eligibility for Other Grants- A receipt of an award under this section shall not preclude the national domestic violence legal technical assistance providers from receiving additional grants under the Office on Violence Against Women's Technical Assistance Program to carry out the purposes of that program.CommentsClose CommentsPermalink





`(d) Eligible Entities- In this section, an eligible entity is a national domestic violence legal technical assistance provider that--CommentsClose CommentsPermalink





`(1) has expertise on legal issues that arise in cases of victims of domestic violence, dating violence and stalking, including family, immigration, housing, protection order, public benefits, custody, child support, interstate custody and relocation, employment and other civil legal needs of victims; andCommentsClose CommentsPermalink





`(2) has an established record of providing technical assistance and support to lawyers representing victims of domestic violence.CommentsClose CommentsPermalink





`(e) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $800,000 for national domestic violence legal technical assistance providers for each of the fiscal years 2009 through 2013.CommentsClose CommentsPermalink

`SEC. 41704. NATIONAL DOMESTIC VIOLENCE HOTLINE LEGAL REFERRALS.

`(a) Legal Referrals by the National Domestic Violence Hotline-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Attorney General may award grants to the National Domestic Violence Hotline (as authorized by section 316 of the Family Violence Prevention and Services Act (42 U.S.C. 10416)) to provide information about statewide legal coordinators and legal services.CommentsClose CommentsPermalink





`(2) USE OF FUNDS- Funds allocated to the National Domestic Violence Hotline under this subsection shall be used to--CommentsClose CommentsPermalink





`(A) update the Hotline's technology and systems to reflect legal services and referrals to statewide legal coordinators;CommentsClose CommentsPermalink





`(B) collaborate with the American Bar Association Commission on Domestic Violence and the national domestic violence legal technical assistance providers to train and provide appropriate assistance to the Hotline's advocates on legal services; andCommentsClose CommentsPermalink





`(C) maintain a network of legal services and statewide legal coordinators and collaborate with the American Bar Association Commission on Domestic Violence.CommentsClose CommentsPermalink





`(3) AUTHORIZATION- There are authorized to be appropriated to carry out this subsection $500,000 for each of the fiscal years 2009 through 2013.CommentsClose CommentsPermalink





`(b) Legal Referrals by Internet-Based Services for Domestic Violence Victims-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Attorney General may award grants to Internet-based non-profit organizations with a demonstrated expertise on domestic violence to provide State-specific information about statewide legal coordinators and legal services through the Internet.CommentsClose CommentsPermalink





`(2) USE OF FUNDS- Funds allocated to Internet-based organizations under this subsection shall be used to--CommentsClose CommentsPermalink





`(A) collaborate with the American Bar Association Commission on Domestic Violence and the national domestic violence legal technical assistance providers to train and provide appropriate assistance to personnel on referring legal services; andCommentsClose CommentsPermalink





`(B) maintain a network of legal services and statewide legal coordinators, and collaborate with the American Bar Association Commission on Domestic Violence and the National Domestic Violence Hotline.CommentsClose CommentsPermalink





`(3) AUTHORIZATION- There are authorized to be appropriated to carry out this subsection $250,000 for each of the fiscal years 2009 through 2013.CommentsClose CommentsPermalink

`SEC. 41705. STUDY OF LEGAL REPRESENTATION OF DOMESTIC VIOLENCE VICTIMS.

`(a) In General- The National Institute of Justice shall study the scope and quality of legal representation and advocacy for victims of domestic violence, dating violence, and stalking, including the provision of culturally and linguistically appropriate services.CommentsClose CommentsPermalink





`(b) Scope of Study- The National Institute of Justice shall specifically assess the representation and advocacy of--CommentsClose CommentsPermalink





`(1) organizations providing direct legal services and other support to victims of domestic violence, dating violence, and stalking, including Legal Services Corporation grantees, non-Legal Services Corporation legal services organizations, domestic violence programs receiving Legal Assistance for Victims grants or other funds under this Act to provide legal assistance, volunteer programs (including those operated by bar associations and law firms), law schools which operate domestic violence, and family law clinical programs; andCommentsClose CommentsPermalink





`(2) organizations providing support to direct legal services delivery programs and to their volunteer attorneys, including State coalitions on domestic violence, the National Legal Aid and Defender Association, the American Bar Association Commission on Domestic Violence, the American Bar Association Committee on Pro Bono and Public Service, State bar associations, judicial organizations, and national advocacy organizations (including the Legal Resource Center on Violence Against Women, and the National Center on Full Faith and Credit).CommentsClose CommentsPermalink





`(c) Assessment- The assessment shall, with respect to each entity under subsection (b), include--CommentsClose CommentsPermalink





`(1) what kind of legal assistance is provided to victims of domestic violence, such as counseling or representation in court proceedings;CommentsClose CommentsPermalink





`(2) number of lawyers on staff;CommentsClose CommentsPermalink





`(3) how legal services are being administered in a culturally and linguistically appropriate manner, and the number of multilingual advocates;CommentsClose CommentsPermalink





`(4) what type of cases are related to the abuse, such as protective orders, divorce, housing, and child custody matters, and immigration filings;CommentsClose CommentsPermalink





`(5) what referral mechanisms are used to match a lawyer with a domestic violence victim;CommentsClose CommentsPermalink





`(6) what, if any, collaborative partnerships are in place between the legal services program and domestic violence agencies;CommentsClose CommentsPermalink





`(7) what existing technical assistance or training on domestic violence and legal skills is provided to attorneys providing legal services to victims of domestic violence;CommentsClose CommentsPermalink





`(8) what training or technical assistance for attorneys would improve the provision of legal services to victims of domestic violence;CommentsClose CommentsPermalink





`(9) how does the organization manage means-testing or income requirements for clients;CommentsClose CommentsPermalink





`(10) what, if any legal support is provided by nonlawyer victim advocates; andCommentsClose CommentsPermalink





`(11) whether they provide support to or sponsor a pro bono legal program providing legal representation to victims of domestic violence.CommentsClose CommentsPermalink





`(d) Report- Not later than 1 year after the date of enactment of this title, the National Institute of Justice shall submit to Congress a report on the findings and recommendations of the study required by this section.CommentsClose CommentsPermalink

`SEC. 41706. ESTABLISH A DOMESTIC VIOLENCE LEGAL ADVISORY TASK FORCE.

`(a) In General- The Attorney General shall establish the Domestic Violence Legal Advisory Task Force to provide guidance for the implementation of the Study of Legal Representation of Domestic Violence Victims under section 41705, the Pilot Program for the National Domestic Violence Volunteer Attorney Referral Project under section 41702(a), and the National Program for the National Domestic Violence Volunteer Attorney Referral Project under section 41702(b).CommentsClose CommentsPermalink





`(b) Composition- The Task Force established under this section shall be composed of experts in providing legal assistance to domestic violence victims and developing effective volunteer programs providing legal assistance to domestic violence victims, including judges with expertise in domestic violence, individuals with experience representing low-income domestic violence victims, and private bar members involved with volunteer legal services.CommentsClose CommentsPermalink





`(c) Responsibilities- The Task Force shall--CommentsClose CommentsPermalink





`(1) provide ongoing advice to the American Bar Association Commission on Domestic Violence, the National Domestic Violence Hotline, and the Statewide Coordinators regarding implementation of the pilot program under section 41702(a) and the National Program of the Domestic Violence Volunteer Attorney Referral Project under section 41702(b);CommentsClose CommentsPermalink





`(2) provide recommendations to the Office on Violence Against Women regarding the selection of the 5 sites for the pilot program under section 41702(a); andCommentsClose CommentsPermalink





`(3) attend regular meetings covered by the American Bar Association Commission or Domestic Violence.CommentsClose CommentsPermalink





`(d) Report- The Task Force shall report to Congress every 2 years on its work under this section.CommentsClose CommentsPermalink





`(e) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $100,000 for each of the fiscal years 2009 through 2013.'.CommentsClose CommentsPermalink