Re:        Idaho State Planning Report

Dear Ernie:

             The Legal Services Corporation thanks you for the timely submission of the Idaho State Planning Report. The staff of the Office of Program Performance has had the opportunity to review the report and would like to share the following observations with you. Please excuse our much delayed response to the report.

             The Corporation appreciates the xtensive planning engaged in by key stakeholders in Idaho over the past several years and recognizes that significant coordination among legal services providers, the State Bar, and the judiciary exists today. The inclusiveness of the Legal Services Delivery Council is very impressive. This report reflects the effective results, which can occur through partnerships and through the support and leadership of key stakeholders, to achieve an integrated delivery system. LSC recognizes and congratulates you for your efforts to develop an integrated delivery system in Idaho that provides comprehensive services for clients.

             While the Report indicates that Council members work on projects within their areas of interest and expertise to improve the legal services delivery system and set goals and timetables for their work, it is not clear from the Report whether the Legal Services Delivery Council meets as a single body. Such meetings by an oversight body to review the Abig picture@ to see how all of the components of an effective delivery system are coalescing may be worthwhile. Also, some form of oversight review by a single entity allows for fresh input from members who have worked on a variety of area issues.

             Further, while Council members within their subject areas establish goals and timetables, the Council itself may wish to consider establishing overarching planning goals. These overarching goals, or principles and values, are key to ensuring consistency of vision and purpose both in the planning process and throughout the implementation phases. In establishing these goals, Idaho planners may wish to consider the goals of an effective delivery system, which the Corporation outlined in Program Letter 98-6.

             Idaho planners recognize as a goal the need to establish a centralized referral system for the two primary providers of civil legal assistance in Idaho, Idaho Legal Aid Services (ILAS) and the Idaho Volunteer Lawyers Program (IVLP). We understand that the Idaho Supreme Court will fund pilot projects in different parts of the state to try out this system. We are eager to learn the progress of these projects. Further, Idaho planners recognize the need for ILAS to establish a legal advice/brief service system whereby clients are screened and given immediate advice or brief service when appropriate. We concur that such a system could improve legal services delivery in Idaho. ILAS may wish to contact the Corporation for information about the use of centralized telephone intake and delivery systems by other regional and statewide programs in the country. The Corporation's insight may be useful to ILAS in developing their system.

             We understand that ILAS has made great strides in upgrading its computer system. All case handlers now have computers on their desk, which are networked within the individual office, with e-mail capabilities. Each ILAS office has at least one computer with access to the Internet. This is a good first step along with plans for improved technological coordination between ILAS and IVLP. However, the planners need to consider the goal of each case handler having access to e-mail and the Internet as his/her desk to facilitate efficiency. The planners may want to establish additional connectivity and electronic communication goals among all the stakeholders in the Idaho civil justice system. Besides improving and coordinating technological capacities among providers, planners may wish to consider how clients can use the various new technologies to meet their legal needs. Again, the Legal Services Corporation is able to provide technical assistance to planners in this area. Glenn Rawdon has joined our staff to assist programs on technology issues. Feel free to contact him at (202) 336-8868..

             The work of the Supreme Court Committee to Increase Access to the Courts and work, both planned and ongoing, between key Idaho providers reflect a commitment and thoughtful approach to this important issue. It was not clear from the report whether the Supreme Court committee or others will be developing pro se materials in areas other than family law. While we recognize that the need for these materials is particularly great in the family law area, once these materials are developed, the committee may wish to consider other areas of law as well. As a next step in the planning process, planners may also may wish to consider the use of technology as a means to increase access to the courts.

             As a statewide LSC funded program, ILAS coordinates its work through the use of speciality groups in the areas of family, health, and housing. Each staff member's access to e-mail and the planned ILAS website should improve coordination of legal work in these areas. Even though it was not mentioned as an activity of these groups, we would hope that another purpose of the specialty group is to coordinate legal strategies, especially on pattern and practice issues. Also, ILAS may wish to consider whether other areas of law need to be added to its list of specialty groups. We understand that public benefit issues are included in the health specialty group. However, given the priority status of public benefits for ILAS and the on-going changes in welfare law and regulations, the planners may want to consider the creation of a specific public benefits speciality group. As a goal, the evaluation of the coordination of legal work should be ongoing.

             Besides explaining the respective roles of ILAS and IVLP in recruiting private attorneys, this Report offers little information on whether current efforts to recruit private attorneys are adequate. Further, the Report does not explain whether private attorneys are available to represent low-income individuals who are restricted from receiving LSC funded legal services. Future planning reports should address these concerns.

             This Report reflects collaborative plans for future fundraising activities which include plans for several statewide fundraising campaigns. While LSC wholeheartedly endorses these efforts and wishes you much success, it is unclear from this Report which organizations will provide leadership in the statewide activities, especially the state legislative campaigns. Without an entity assuming a leadership role in statewide campaigns, it is possible for critical tasks to go unassigned or unaccomplished. Future reports should provide more information on this point.

             The current coordination between the two major providers of legal services in Idaho, ILAS and IVLP, as well as plans to improve their effectiveness is impressive. Both programs have recognized that they cannot operate in a vacuum. Recognition of this fact promotes the development of an integrated delivery system.