Broome County Legal Aid: A Primer
Legal aid refers to a system through which individuals are provided representation in civil legal matters when they cannot afford to hire an attorney. The idea is that everyone has a right to competent legal counsel, and lack of finances should not be a barrier to this. Low income individuals and families throughout Broome County rely on legal aid when facing uncertain futures.
Legal aid can be used in any situation that involves obtaining a judgment. This includes divorce, child custody, visitation rights, guardianship, support issues and property matters, just to name a few. There’s no limit on the legal issues that legal aid can help with. With professional attorneys and other legal professionals by your side, you’ll get the peace of mind you deserve.
The New York State Unified Court System offers a number of legal services and assistance to individuals and families in need . Specifically with regard to Broome County specifically, the Broome County Family Court hears all cases that involve support, child custody, visitation rights, guardianship, paternity and domestic violence. The Family Court aims to settle disputes in a manner that protects those involved, through mediation services and creative court alternatives. The self-represented litigant helps to explain the administrative process to individuals who may be confused by the law.
Legal aid is not just for divorce and child custody issues. Individuals also use these services for bankruptcy matters, real property and foreclosure issues, housing matters, trial level cases, appellate cases, immigration issues and public benefits cases. Basically, if a legal issue is affecting your life, there’s a legal aid organization nearby that’s happy to help.
Legal Aid Services: Types and Offerings
Legal aid services in Broome County cover a wide range of legal issues through various programs. Free legal assistance is available in family law, housing matters, employment concerns, public benefits issues, and criminal defense.
A legal aid attorney can assist with common family law issues, including divorce, child support, and custody matters. Referrals are made to private attorneys in the community for divorce and custody cases. Child support staff members work with custodial parents and non-custodial parents to establish child support orders and paternity. They do not handle abuse and neglect (Child Protective Services) or divorce cases.
Senior Legal Services provides assistance to seniors in three areas: legal counseling, consumer law and bankruptcy, and elder abuse and neglect. Referrals are made to private attorneys for wills, deeds, powers of attorney and health care proxies. Consumers with credit card and other types of debt problems may be referred to the Credit Counseling Center or Consumer Credit Counseling Services, which are not operated by Legal Aid.
Housing legal aid services help individuals who are involved in landlord/tenant controversies, including access to subsidized housing, evictions, and rent conflicts. Tenants seeking rental assistance can be referred to the Section 8 Housing Authority.
The Community Action Program provides free legal services to income-eligible individuals in housing, public benefits, unemployment, and food stamp matters. The program is operated separately from Legal Aid Society of Mid-New York, Inc.
The Disability Advocacy Program works with individuals with disabilities, who qualify under available funds, in the following functional areas: Social Security, Medicaid, public services, housing, public education, and employment.
Criminal Defense services are available to defendants who face incarceration. Responsibilities center on the trial court level and include preliminary proceedings, arraignments, bail hearings, motions, hearings, and trials.
Who is Eligible for Legal Aid in Broome County?
To be eligible to receive legal aid services in Broome County, individuals must meet certain criteria. Legal aid providers often have income limits in place to ensure that funding is going to those who truly need assistance. For example, your total household income may need to be at most 125% of the federal poverty guideline for your household size. We should note that these numbers are subject to change on an annual basis. Beyond income guidelines, you will also need to be a resident of the state. In some cases, additional criteria may apply.
If you are currently working, it is important to make what you bring in a month clear to your legal aid provider so that they can accurately determine your eligibility. Getting your paperwork in order ahead of time will also help speed up the process. Of course, if legal aid ultimately cannot take on your case, they will likely be able to refer you to another program or an attorney who can help you.
Navigating the Process: How to Apply for Legal Aid
The process to apply for legal assistance in Broome County varies based on whether you are applying for the Family Court Legal Program (FCLP) or the Legal Services of Central New York (LSCNY). The FCLP handles custody, visitation, child support, orders of protection, and child abuse and neglect cases. This program is intended for low-income parents and custodians of children. To apply for legal aid through the FCLP, you can schedule a brief in-person interview by calling the office at (607) 240-1920 or by showing up on a Wednesday. No appointment is necessary for a Wednesday interview. When you arrive, be prepared to wait for a time as this is walk-in day at the office. When called in for your interview, you will meet with an attorney who will determine if there is a conflict of interest and if a case may be opened. If it is determined that there is none; they will thoroughly explain the process, requirements and forms needed to apply through this program. The LSCNY assists clients with civil legal issues such as housing and eviction, bankruptcy, family law, surrogacy and more. To apply for a case through this program contact the office at (844) 256-8649 between the hours of 9 a.m. and 5 p.m., Monday through Friday. They suggest that you use your home, cell phone or a landline, as this can be a long call with numerous automated questions. Once you have been connected with an advocate, they will discuss the details of the case and determine if the agency will open a file on it. After your FCLP intake, you will receive a status letter by mail informing you if your case has opened or what actions need to be taken to reapply. After waiting five to seven days, check the online portal to see if the application has been opened. For LSCNY applicants, you will be given a status update at the end of your call. If the case opens through either program, the intake attorney will discuss what happens next with you directly.
Essential Legal Aid Agencies in Broome County
The legal aid landscape in Broome County is shaped by a few key organizations dedicated to providing free or low-cost legal assistance to those who cannot afford it. Some of these organizations operate locally, while others are more statewide or even national in scope. Below are a few of the prominent organizations serving the residents of Broome County:
Legal Aid Society of Mid-New York: Part of a statewide network, the Legal Aid Society of Mid-New York is partially funded by the government to help provide free legal services to low-income people of all ages. In Broome County, as in other counties they serve, their mission is to assist in ensuring the basic human needs of stability, safety and security by helping establish or improve access to healthcare and provide immigration, child protection and domestic violence legal services .
The legal aid team in Broome County consists of both district representatives as well as administrative staff and a centralized intake team, which operates out of nearby Vestal. Residency is determined by those who live in a county for at least 30 days during the previous 12 months.
Broome County Office of the Public Defender: The Office of the Public Defender provides Broome County residents with free legal services in criminal cases. It is staffed by both private attorneys and staff attorneys through the government.
Other Legal Services Organizations in Broome County: In addition to the organizations above, other organizations in surrounding communities also provide legal services to Broome County residents in need. These organizations include in Tioga County include Farmworker Legal Services of New York, Inc., the Community Legal Defense & Educational Center and the Legal Assistance of Western New York, Inc.
Legal Aid Victories: Hear From Those Who’ve Benefitted
"Legal aid in Broome County has been a tremendous help to me and my family. I was facing a custody battle over my children with little money and their father had a lawyer. My lawyer helped me get full custody of them, and I am forever grateful." "I lost my job a few months ago, and was unable to pay my bills. Legal aid helped me file for unemployment and got my benefits started quickly. I had been worrying how I was going to afford groceries until I was approved, and ever since I’ve been able to purchase necessities without fear." "As a senior citizen on a fixed income, filing my taxes is a daunting task. The thought of facing an audit terrifies me, but the help I received from Cut Off Point Ministries greatly eased my worries. I didn’t have to do anything but provide my information. They took care of the rest I was so thankful for their help." "I was worried when we had to go to court regarding a worker’s compensation injury I sustained, but our lawyer was incredibly friendly and helpful. After my case concluded, I felt relieved knowing that my expenses due to my injury would be covered and that I could return to work."
Barriers and Areas for Growth in Legal Aid
Even in a community with a population over 200,000, such as Broome County, legal aid agencies still have limitations on the number of clients they can accept. Currently, the mission of legal aid agencies in Broome County is clearly defined by the Family Court Act, the federal Economic Opportunity Act, the Civil Legal Services Law, the NYS Executives Law 554(3), and the Code of Professional Responsibility. In other words, legal aid agencies focus on providing advice to clients, or representing clients in certain civil cases.
Legal Aid Services "cannot be started or expanded until sufficient funding can be obtained, either through grants or private donations." As with any fundraising effort, it’s easier said than done "to increase funding." Most funding comes from the county government, but "federal and state governments, United Way Campaigns, the Judiciary, interest on lawyers’ accounts (IOLA), private foundations, bar associations, charitable organizations, and individuals" also provide some funding.
"Broome County Legal Aid Society provides help in civil matters, and through a network of pro bono attorneys and volunteer paralegals assists people in representing themselves in housing and family court." Currently, the largest legal aid society on the list is Neighborhood Legal Services.
Currently, Neighborhood Legal Services "serves low-income individuals and families who require legal assistance, such as when faced with debt collection, foreclosures, domestic violence situations, or bankruptcy." They also provide help "in the areas of financial fitness, affordable housing and homelessness prevention, economic development, fair consumer practices, and removal of barriers to employment." Through their many initiatives and community programs, they return "$10.00 of economic benefit to the community for every $1.00 of support from the United Way."
"We know that New York’s poorest people need help in civil legal matters as well," said state chief judge Janet DiFiore. "In particular, low-income litigants in family law cases, especially women and children, need timely representation and a fair chance to address their problems." The only way to do this is to ensure the current legislation stays funded, in order to cover the fees of panel attorneys and law school clinics.
Broome County Legal Aid Takeaway and Next Steps
To summarize, legal aid is an essential resource for those in need of legal representation but lacking the financial means to pursue it independently. In Broome County, a range of organizations offer legal assistance for a variety of civil matters. While the scope of legal aid may not be as extensive as that found in some larger urban areas, the available resources can be a vital first step in addressing legal issues. It is strongly recommended that readers seeking legal assistance consult with the organizations described above for guidance on the most appropriate course of action based on their specific circumstances. Moreover , the internet has proven to be an invaluable tool for individuals looking for legal information and resources. With this in mind, the following links have been provided to help guide you in your quest for more knowledge on this important topic: New York State Court’s Legal Aid Information Page: https://www.nycourts.gov/ip/adr/legalaid.html State of New York Unified Court System: http://www.nycourts.gov/courts/ad2/index.shtml Broome County District Attorney’s Office Website: http://gobroomecounty.com/da Broome County Bar Association: http://barassociation.com Help New York Online: http://helpny.org Are There Legal Aid Services in Your Area? https://www.legalmatch.com/law-library/article/legal-aid-services.html
