Submits Comment to the Law Court on Use of Interest on Lawyer’s Trust Accounts
FOR IMMEDIATE RELEASE: Thursday, March 5, 2020
MEDIA CONTACT: Julie Rabinowitz, Director of Policy and Communication, 207-292-2722 ext. 102, Julie@mainepbp.com
AUGUSTA — Maine People Before Politics has provided written public comment in support of the proposed rule to prohibit the use of interest on lawyer’s trust accounts (“IOLTA”) for lobbying.
IOLTA is a mandatory program of the Maine legal bar that pools the interest from the bank accounts of attorneys or clients and provides those funds to organizations that provide legal services to the elderly and those who cannot afford to hire an attorney.
“IOLTA funds should only be used to provide direct legal services to low-income and elderly Mainers, not lobbying the Legislature,” stated Julie Rabinowitz, director of policy and communication. “There should be a bright line for the use of these funds.”
The legal services entities receiving IOLTA funding are the Cumberland Legal Aid Clinic, the Immigrant Legal Advocacy Project, Legal Services for the Elderly, Maine Equal Justice, Pine Tree Legal Assistance, and the Volunteer Lawyers Project. The Maine Justice Foundation is responsible for distributing IOLTA funds.
“If all lobbying efforts are privately funded, then there can be no question of the Judiciary, through its distribution of IOLTA funds, privileging one policy position or one lobbyist over another. The Judiciary should prioritize access to the courts and legal advice over all other potential IOTLA uses; in that way, there can be no question as to the promotion of certain policy or political advocacy organizations over others,” she wrote in the letter.
Maine People Before Politics was present for the March 2, 2020, public hearing before the Maine Supreme Judicial Court, at which the working group on the proposed amendment presented the majority report. Two members of the working group, including Active Retired Justice Robert W. Clifford, submitted their own non-concurring reports. Maine People Before Politics agrees with the non-concurring reports. The reports are available here under IOLTA.
Last May, the state’s Supreme Judicial Court proposed an amendment the state’s bar rules prohibiting the use of IOLTA funds for: (1) supporting or opposing candidates for elected office, (2) supporting or opposing ballet initiatives or referenda, (3) lobbying in support of or in opposition to pending proposed legislation, (4) seeking public support through the media including social media to support or oppose legislation, valid initiatives or referenda for candidates for elected office, or (5) voter registration, voter education, voter signature gathering, or get out to vote actions.
Maine Bar Rule 6 currently states that IOLTA funds “are intended to provide services that maintain and enhance resources available for access to justice in Maine, including those services that achieve improvements in the administration of justice and provide legal services, education, and assistance to low-income, elderly, or needy clients.”