Endnotes

ENDNOTES

1 U.S. Census Bureau, 2018 American Community Survey 1-year Estimates, Table S1701, Poverty Status in the Past 12 Months.

2 2008-2017 LSC Basic Field Appropriations; U.S. Census Bureau, 2008-2017 American Community Survey 1-year Estimates, Table S1701, Poverty Status in the Past 12 Months; Inflation adjustments in 2018 dollars based on the composite deflator in the Executive Office of the President, Office of Management and Budget, Budget of the United States Government, Fiscal Year 2020, Historical Tables, Table 1.3—Summary of Receipts, Outlays, and Surpluses or Deficits (-) In Current Dollars, Constant (FY 2012) Dollars, and as Percentages of GDP: 1940-2024.

3 Civil Legal Needs Study Update Committee, 2015 Washington State Civil Legal Needs Study Update, Washington State Supreme Court, October 2015. https://ocla.wa.gov/wp-content/uploads/2015/10/ CivilLegalNeedsStudy_October2015_V21_Final10_14_15.pdf.

4 The results are not strictly comparable because of methodological differences. For example, the wording and focus of questions varied, and the 2017 LSC Justice Gap Study survey sample was persons with household incomes less than 125% of federal poverty level, while the 2015 Washington State Civil Legal Needs Study Update survey sample was persons with household incomes less than 200% of federal poverty level.

5 2015 Washington State Civil Legal Needs Study Update, p.5; 2017 LSC Justice Gap Study, p.6.

6 2015 Washington State Civil Legal Needs Study Update, p.5; 2017 LSC Justice Gap Study, p.21.

7 2015 Washington State Civil Legal Needs Study Update, p.5; 2017 LSC Justice Gap Study, LSC analysis of unpublished data.

8 2015 Washington State Civil Legal Needs Study Update, p.14; 2017 LSC Justice Gap Study, p.27.

9 2015 Washington State Civil Legal Needs Study Update, p.14; 2017 LSC Justice Gap Study, analysis of unpublished data. These data are not strictly comparable. The Washington data are the number of problems per household, while the Justice Gap data are for the number of individuals.

10 2015 Washington State Civil Legal Needs Study Update, Master Table 1A: Relative Percentage of Legal Problems Shown as a Percentage of Total Number of Legal Problems by Substantive Problem Area and Demographic Group, p.27.

11 LSC, The Justice Gap: Measuring the Unmet Civil Legal Needs of Low-Income Americans. Prepared by NORC at the University of Chicago for Legal Services Corporation, (2017).

12 Paula Hannaford-Agor, Scott Graves, Shelley Spacek Miller, The Landscape of Civil Litigation in State Courts, National Center for State Courts, November 2015, p. 31. The NCSC study included data from a sample of 202 courts in 10 counties across the country. The sample was “intentionally selected to mirror the variety of organizational structures in state courts.” p.iii. www.ncsc.org/~/media/Files/pdf/research/CivilJusticeReports-2015.ashx.

13 Ibid. Table II, p. 26.

14 Steinberg, Jessica, Demand Side Reform in the Poor People’s Court (2015). Connecticut Law Review, Vol. 47, No. 3, p. 749, February 2015; GWU Law School Public Law Research Paper No. 2015-21; GWU Legal Studies Research Paper No. 2015-21. Available at SSRN: https://ssrn.com/abstract=2613648.

15 Debt collection data are from Stacey Marz, Mara Kimmel, and Miguel Willis, Alaska’s Justice Ecosystem: Building a Partnership of Providers, Alaska Court System Access to Justice Committee, p.9, December 22, 2017. https://public. courts.alaska.gov/web/jfa/docs/plan.pdf. Eviction data are from unpublished data provided LSC by Alaska Court System.

16 Arkansas Administrative Office of the Courts CourtConnect Website. (2018 data) https://caseinfo.arcourts.gov/ cconnect/PROD/public/ck_public_qry_main.cp_main_idx. Cases in which a party is listed without an associated attorney are assumed to be unrepresented in these calculations.

17 Colorado Judicial Branch, Office of the State Court Administrator, Court Services Division, Cases and Parties without Attorney Representation in Civil Cases, FY 2018, January 2018. Table “Pro Se Rate by Party Type.” These are for all cases in county civil courts. The report notes that “County Court civil cases are made up primarily of collection cases (“money”). In addition, county court civil cases include eviction cases (“forcible entry and detainer”), as well as restraining order cases.” https://www.courts.state.co.us/userfiles/file/Administration/Planning_and_Analysis/ Research%20and%20Data/Cases%20Parties%20without%20Attorney%20Representation/Cases%20and%20 Parties%20Without%20Attorney%20Representation%20in%20Civil%20Cases%20FY2018.pdf .

18 State of Hawaii Judiciary, Research and Statistics Office, Cases in District Court, unpublished data provided to LSC. Eviction data: “Summary Possession Cases in District Court, 1/1/2015 through 9/30/2019: Representation and Filing of Judgment of Possession.” Small Claims data: “Small Claims Cases in District Court, 1/1/2015 through 9/30/2019: Representation and Disposition of Case.”

19 Data for debt collection cases are from April Kuehnhoff, National Consumer Law Center Staff Attorney, Testimony Before Joint Financial Services Committee, September 25, 2017. Table 4: Number and Percentage of Consumer Debt Collection Cases Filed in 2016 in Four Small Claims Court Sessions Where Parties Were Represented by an Attorney. https://www.nclc.org/images/pdf/debt_collection/testimony-s120-h2811.pdf. Data for eviction cases are from Massachusetts Trial Court, Department of Research and Planning, Trial Court Statistics for Fiscal Year 2019, Housing Court Department, Fiscal Year 2018 Statistics, Percent of Self‐Represented Litigants in Summary Process Cases Disposed in FY 2019 by Division. https://www.mass.gov/doc/2019-housing-court-self-represented-representedlitigants- by-court-location/download.

20 North Dakota Courts Records Inquiry Website. http://publicsearch.ndcourts.gov/default.aspx. (2018 data) Cases in which a party is listed without an associated attorney are assumed to be unrepresented in these calculations.

21 Oklahoma State Courts Network Website. http://www.oscn.net/dockets/. (2018 data) Cases in which a party is listed without an associated attorney are assumed to be unrepresented in these calculations. Debt Collection is defined as any case categorized under “civil relief less than $10,000: indebtedness”.

22 Utah Administrative Office of the Courts, Disposition of Cases in Utah District Courts, FY2016-FY2019, unpublished data provided to LSC. The plaintiff percent representation rate for debt collection cases was 99.98%, which rounded to 100%.

23 Shauna Strickland, Scott Graves, and Richard Schauffler, Virginia Self-Represented Litigant Study: Outcomes of Civil Cases in General District Court, Juvenile & Domestic Relations Court, and Circuit Court, National Center for State Courts, December 2017. Data for cases are from Table A1: Case Outcomes, by Representation, in GDC Debt Cases; data for housing cases are from Table A2: Case Outcomes, by Representation, in GDC Housing Cases.

24 Steinberg, Jessica, Demand Side Reform in the Poor People’s Court (2015). Connecticut Law Review, Vol. 47, No. 3, pp.756-758, February 2015; GWU Law School Public Law Research Paper No. 2015-21; GWU Legal Studies Research Paper No. 2015-21. Available at SSRN: https://ssrn.com/abstract=2613648.

25 Peter A. Holland, Junk Justice, A Statistical Analysis of 4,400 Lawsuits Filed by Debt Buyers, University of Maryland Francis King Carey School of Law, Legal Studies Research Paper, No. 2014–13. Pp.210-211.

26 Debt collection data are from Stacey Marz, Mara Kimmel and Miguel Willis, Alaska’s Justice Ecosystem: Building a Partnership of Providers, Alaska Court System Access to Justice Committee, p.9, December 22, 2017. https://public. courts.alaska.gov/web/jfa/docs/plan.pdf. Eviction data are from unpublished data provided to LSC by Alaska Courts.

27 Shauna Strickland, Scott Graves, and Richard Schauffler, Virginia Self-Represented Litigant Study: Outcomes of Civil Cases in General District Court, Juvenile & Domestic Relations Court, and Circuit Court, National Center for State Courts, December 2017. Table A1: Case Outcomes, by Representation, in GDC Debt Cases.

28 Desmond, M. (2012, November 29). Tipping the scales in housing court. The New York Times. https://www.nytimes. com/2012/11/30/opinion/tipping-the-scales-in-housing-court.html?smid=pl-share.

29 A Right to a Lawyer to Save Your Home, The New York Times, editorial, Sept. 23, 2016. https://www.nytimes. com/2016/09/23/opinion/a-right-to-a-lawyer-to-save-your-home.html?smid=pl-share.

30 State of Hawaii Judiciary, Research and Statistics Office, Cases in District Court, unpublished data provided to LSC. Eviction data: “Summary Possession Cases in District Court, 1/1/2015 through 9/30/2019: Representation and Filing of Judgment of Possession.”

31 Jonathan Pyle, Philadelphia Legal Assistance, analysis of data from Court of Common Pleas of Philadelphia County, http://fjdefile.phila.gov/efsfjd/zk_fjd_public_qry_00.zp_main_idx. Universe of cases: landlord-tenant cases filed in 2015, 2016, 2017, 2018, or 2019 where the rent mentioned in the complaint is under $1,000, where the lease is residential, and where the plaintiff is represented.

32 Shauna Strickland, Scott Graves, and Richard Schauffler, Virginia Self-Represented Litigant Study: Outcomes of Civil Cases in General District Court, Juvenile & Domestic Relations Court, and Circuit Court, National Center for State Courts, December 2017. Table A-2: Case Closures, by Representation, in GDC Housing Cases.

33 “The Importance of Funding for the Legal Services Corporation from the Perspective of the Conference of Chief Justices and the Conference of State Court Administrators,” Conference of Chief Justices and the Conference of State Court Administrators, 2013. http://ccj.ncsc.org/~/media/Microsites/Files/CCJ/Web%20Documents/LSC_WHTPR. ashx. The Chief Justices and Conference of State Court Administrators’ paper drew on data from American Bar Association Coalition for Justice, “Report on the Survey of Judges on the Impact of the Economic Downturn on Representation in the Courts,” (2010).

34 Ibid.

35 Basic Field funding data are based on Legal Services Corporation Appropriations and are inflation-adjusted in 2017 dollars. Case closures data are from Legal Services Corporation, Grant Activity Reports.

36 The studies cited use a range of methodologies to calculate savings and benefits including shelter costs, domestic violence impacts, state services, and federal benefits. The variation in methodology makes comparing summary statistics, such as return on investment, difficult. LSC uses relevant portions of the studies that can be understood independently.

37 “Making a Difference: California Legal Aid.” The State Bar of California, January 2019. http://www.calbar.ca.gov/Portals/0/documents/accessJustice/Final_ImpactReport_1.17.19.pdf.

38 “Economic Impacts of Civil Legal Assistance Programs in Vermont,” A Study Commissioned by the Vermont Bar Foundation and Funded by a Grant from the Vermont Supreme Court, June 2019. http://vtbarfoundation.org/wpcontent/ uploads/2019/10/VT-Economic-Impact-Tables-and-Graphs_June-25-2019.pdf.

39 James Teufel, Kristofer Gossett, and Robert Hayman, “Social Return on Investment from Legal Aid Services: A statewide Analysis, Delaware Combined Campaign for Justice,” March 2018. https://delawareccj.org/wp-content/ uploads/2018/03/Social-Return-on-Investment-of-Legal-Aid-Services-final-3.7.2018.pdf.

40 “The Economic Impact and Social Return On Investment of Civil Legal Aid Services in the State of Louisiana,” Louisiana Bar Foundation, 2018. https://www.raisingthebar.org/about-us-documents/funding-1/253-full-study/file.

41 “Permanent Commission on Access to Justice,” Report to the Chief Judge of the State of New York, November 2018. http://ww2.nycourts.gov/sites/default/files/document/files/2019-10/18_ATJ-Comission_Report.pdf.

42 Ken Smith and Kelly Thayer, Nevada Legal Needs and Economic Impact Study, Nevada Supreme Court Access to Justice Commission, October 2018. https://www.nvbar.org/wp-content/uploads/SBN-AM-ENTIRE-PPT-NV-ATJ-Legal- Needs-Study-Slides_UDATE-6-23-2018.pdf.

43 “Economic Impacts of Civil Legal Aid Organizations in Florida,” The Florida Bar Foundation, November 2016. https://fbfcdn-lwncgfpygomdk2qxtd0e.stackpathdns.com/wp-content/uploads/2017/01/Economic-Impacts-of-Civil- Legal-Aid-Organizations-in-Florida.pdf.

44 David Swenson and Iowa Legal Aid, Making an Impact. 2018.

45 “Mississippi Economic Impact Study,” Resource for Great Programs, Mississippi Access to Justice Commission, December 2017. https://courts.ms.gov/news/2017/MS%20Econ%20Impact.pdf.

46 Todd Gabe, Economic Impact of Civil Legal Aid Services in Maine, Maine’s Justice Action Group, November 2016. https://www.justicemaine.org/wp-content/uploads/Gabe-Report-Submitted-November-14-2016.pdf.

47 Massachusetts Legal Assistance Corporation, Civil Legal Aid Yields Economic Benefits to Clients and to the Commonwealth: Examples of Benefits from FY15 Advocacy. 2016.

48 “Legal Aid’s Impact: Economic Impact Measurements of Minnesota Legal Aid,” Minnesota Legal Services Coalition, 2016. http://mylegalaid.org/downloads/Economic_Impact_Report.pdf.

49 Centers for Disease Control and Prevention. (2018, December 19). Opioid overdose: Understanding the epidemic. https://www.cdc.gov/drugoverdose/epidemic/index.html.

50 Davenport, S., Weaver, A., and Caverly, M. (2019, October). Economic impact of non-medical opioid use in the United States. Society of Actuaries. https://www.soa.org/globalassets/assets/files/resources/research-report/2019/ econ-impact-non-medical-opioid-use.pdf.

51 Horwitz, S., Rich, S., and Higham, S. (2019, July 17). Opioid death rates soared in communities where pain pills flowed. The Washington Post. https://www.washingtonpost.com/investigations/opioid-death-rates-soared-incommunities- where-pain-pills-flowed/2019/07/17/f3595da4-a8a4-11e9-a3a6-ab670962db05_story.html.

52 See supra note 51.

53 Ko, J.Y., Patrick, S.W., Tong, V.T., Patel, R., Lind, J.N, and Barfield, W.D. (2016, August 12). Incidence of neonatal abstinence syndrome –28 states, 1999-2013. Morbidity and Mortality Weekly report, 65(31), 799-802. Retrieved from https://www.cdc.gov/mmwr/volumes/65/wr/mm6531a2.htm.

54 Cenziper, D., Corio, E., Hooper, K., and Soule, D. (2019, October 18). “They looked at us like an easy target”: West Virginia is a case study in how legal battles against drug companies don’t always balance the scales. The Washington Post. https://www.washingtonpost.com/graphics/2019/investigations/west-virginia-opioid-legal-battle-foster-care/.

55 See supra note 54.

56 Legal Services Corporation. (2019, June). Strengthening the role of civil legal aid in responding to the opioid epidemic: report of the LSC Opioid Task Force. Retrieved from https://www.lsc.gov/media-center/publications/lscopioid- task-force-report.

57 Guttmacher Institute. (2019, November 1). Substance use during pregnancy. https://www.guttmacher.org/statepolicy/ explore/substance-use-during-pregnancy.

58 Winkelman, T.N.A., Villapiano, N., Kozhimannil, K.B., Davis, M.M., and Patrick, S.W. (2018, April). Incidence and costs of neonatal abstinence syndrome among infants with Medicaid: 2004-2014. Pediatrics, 141(4). DOI: 10.1542/peds.2017- 3520.

59 Gregory M. Singleton, Jay Chaudhary, Opioid Recovery Teams Benefit from the Addition of Lawyers, May 29, 2018. https://www.statnews.com/2018/05/29/opioid-recovery-teams-lawyers/.

60 Ibid.

61 Centers for Disease Control and Prevention. (2015). Planning for an emergency: Strategies for identifying and engaging at-risk groups. https://www.cdc.gov/nceh/hsb/disaster/atriskguidance.pdf. Krause, E. and Reeves, R.V. (September 18, 2017). Social mobility memos: Hurricanes hit the poor the hardest. Brookings Institute. https://www. brookings.edu/blog/social-mobility-memos/2017/09/18/hurricanes-hit-the-poor-the-hardest/. Masozera, M., Bailey, M., and Kerchner, C. (August 2007 ). Distribution of impacts of natural disasters across income groups: A case study of New Orleans. Ecological Economics, 63(2-3), 299-306. https://doi.org/10.1016/j.ecolecon.2006.06.013.

62 Flanagan, B.E., Hallisey, E.J., Adams, E., and Lavery, A. (2018, June). Measuring community vulnerability to natural and anthropogenic hazards: The Centers for Disease Control and Prevention’s Social Vulnerability Index. Journal of Environmental Health, 80(10), 34-36. Retrieved from https://svi.cdc.gov/Documents/Publications/CDC_ATSDR_SVI_ Materials/JEH2018.pdf. U.S. Global Change Research Program. (2018). Impacts, risks, and adaptation in the United States: Fourth National Climate Assessment, volume II, chapter 14 –human health. Retrieved from https://nca2018. globalchange.gov/chapter/14/#key-message-2. Krause, E. and Reeves, R.V. (2017, September 18). Social mobility memos: Hurricanes hit the poor the hardest. Brookings Institute. Retrieved from https://www.brookings.edu/blog/ social-mobility-memos/2017/09/18/hurricanes-hit-the-poor-the-hardest/. Ratcliffe, C., Congdon, W.J., Stanczyk, A., Teles, D., Martin, C., and Kotapati, B. (2019, April 11). Insult to injury: Natural disasters and residents’ financial health. Urban Institute. Retrieved from https://www.urban.org/research/publication/insult-injury-natural-disasters-andresidents- financial-health. Boustan, L.P., Kahn, M.E., Rhode, P.W., Yanguas,M.L. (2019, June). The effect of natural disasters on economic activity in U.S. counties: A century of data. National Bureau of Economic Research. Retrieved from https://www.nber.org/papers/w23410.

63 Smith, A.B. (2019, February 7). 2018’s billion dollar disasters in context. National Oceanic and Atmospheric Administration’s Climate website. Retrieved on 15 November 2019 from https://www.climate.gov/news-features/ blogs/beyond-data/2018s-billion-dollar-disasters-context.

64 These are for all FEMA-declared major disasters with at least $1 million in combined public assistance dollars approved and individual assistance dollars approved that began between January 2017 and December 2018, as specified in FEMA’s disaster database. (https://www.fema.gov/disasters). Population U.S. Census Bureau, 2013-2017 American Community Survey at OnTheMap for Emergency Management, https://onthemap.ces.census.gov/em/. 5-year estimates, 2013-2017, Table S1701: Poverty Status in the Past 12 Months. American Samoa (1 event), Guam (1 event), Northern Mariana Islands (2 events), and the Virgin Islands (2 events) were excluded from the population count due to a lack of data. Population data for tribal areas were obtained using the “American Indian Area/Alaska Native Area/Hawaiian Home Land” geography selection.

65 See the American Bar Association’s list of disaster legal hotlines by visiting https://www.americanbar.org/groups/ committees/disaster/resources/disaster_legal_hotlines/. See information from FEMA on Disaster Recovery Centers by visiting https://www.fema.gov/disaster-recovery-centers.

66 Legal Services Corporation. (2019). Report of the LSC Disaster Task Force. Retrieved from https://www.lsc.gov/ media-center/publications/lsc-disaster-task-force-report.

67 U.S. Census Bureau, 2018 American Community Survey, 1-Year Estimates, Table S2101.

68 U.S. Bureau of the Census, 2018 American Community Survey 1-year estimates, Table S2101, Veterans Status. U.S. Census Bureau, 2018 American Community Survey 1-Year Estimates Public Use Microdata Sample; generated by LSC staff using IPUMS online analysis system; https://usa.ipums.org/usa/sda/ ; (13 January 2020).

69 U.S. Census Bureau, 2018 American Community Survey 1-Year Estimates Public Use Microdata Sample; generated by LSC staff using IPUMS online analysis system; https://usa.ipums.org/usa/sda/; (13 January 2020).

70 Legal Services Corporation, 2018 Grant Activity Reports.

71 Legal Services Corporation, The Justice Gap: Measuring the Unmet Civil Legal Needs of Low-income Americans, June 2017, p.7. https://www.lsc.gov/sites/default/files/images/TheJusticeGap-FullReport.pdf.

72 Meghan Henry, Anna Mahathey, Tyler Morrill, Anna Robinson, Azim Shivji, and Rian Watt, Abt Associates, The 2018 Annual Homeless Assessment Report (AHAR) to Congress, Part 1: Point-In-Time Estimates of Homelessness, U.S. Department of Housing and Urban Development, Office of Community Planning And Development, December 2018, Exhibits 1.3 and 5.1. U.S. Bureau of the Census, 2018 American Community Survey 1-year estimates, Table S2101, Veterans Status.

73 U.S. Bureau of the Census, 2018 American Community Survey 1-year estimates, Table S2101, Veterans Status.

74 “New program to offer free legal advice to Florida veterans,” WTXL Tallahassee, Nov. 11, 2019, https:/www.wtxl.com/ news/local-news/new-program-to-offer-free-legal-advice-to-florida-veterans.

75 “New statewide legal helpline in place to help protect veterans, service members,” News Channel 8 Florida, Nov. 8, 2019, https://www.ufla.com/news/florida/new-statewide-legal-helpline-in-place-to-help-protect-veterans-servicemembers.

76 U.S. Census Bureau, 2017 American Community Survey 1-year estimates, Table S1701, Poverty Status In The Past 12 Months.

77 Legal Services Corporation, The Justice Gap: Measuring the Unmet Civil Legal Needs of Low-income Americans. Prepared by NORC at the University of Chicago for Legal Services Corporation, (2017), p.48.

78 Ibid.

79 United States Department of Agriculture, Economic Research Service. Rural Poverty and Well Being. https://www. ers.usda.gov/topics/rural-economy-population/rural-poverty-well-being.

80 Thiede, B.C., Kim, H., & Valasik, M. (2017). “Concentrated Poverty Increased in Both Rural and Urban Areas Since 2000, Reversing Declines in the 1990s.” National Issue Brief 129. Durham: University of New Hampshire, Carsey School of Public Policy.

81 Ibid.

82 Pruitt, L.R., &Showman, B.E. (2014). Law Stretched Thin: Access to Justice in Rural America. South Dakota Law Review vol. 59, pp. 466, 487-88.

83 Analysis by Legal Services Corporation, Office of Data Governance and Analysis.

84 Ibid.

85 Source for GA data: Pruitt, L.R., Kool, A.L., Sudeall, L., Stats, M., Conway, D.M., & Haksgaard, H. (2018). Legal Deserts: A Multi-State Perspective on Rural Access to Justice. Harvard Law & Policy Review 13 (1). p.69. [Access to Justice Map Underscores Disparities in Legal Access Across the State, August 29, 2017. http://law.gsu. edu/2017/08/29/access-to-justice-map-underscores- disparities-in-legal-access-across-the-state/. Source for NE data: “Lawyer Shortage in Some Rural Areas Reaches Epic Proportions,” NPR, December 26, 2016.

86 Carolyn Copps Hartley and Lynette M. Renner,“The Longer-Term Influence of Civil Legal Services on Battered Women,” Final Technical Report Submitted to the National Institute of Justice, U.S. Department of Justice, March 31, 2016, Document NO.: 249879, pp.7-8.

87 LSC, The Justice Gap: Measuring the Unmet Civil Legal Needs of Low-Income Americans. Prepared by NORC at the University of Chicago for Legal Services Corporation, (2017), p. 52.

88 Ibid.

89 Ibid.

90 Holt V.L., Kernic M.A., Lumley T, Wolf M.E., Rivara F.P. Civil Protection Orders and Risk of Subsequent Police- Reported Violence. JAMA. 2002. p.593.

91 Murphy, Jane C. “Engaging With The State: The Growing Reliance on Lawyers and Judges To Protect Battered Women.” American University Journal of Gender Social Policy and Law 11, no. 2 (2003), p.512. Appendix G.

92 National Coalition Against Domestic Violence. Statistics. Retrieved from: https://ncadv.org/statistics.

93 The National Low-Income Housing Coalition reports that “Only 35 affordable and available rental homes exist for every 100 extremely low income renter households.” (These are households with incomes are at or below the poverty level or 30% of their area median income). Andrew Aurand, Dan Emmanuel, Diane Yentel, Ellen Errico, Marjorie Pang, THE GAP, The National Low Income Housing Coalition, 2018, p.2.

94 Matthew Desmond, Ashley Gromis, Lavar Edmonds, James Hendrickson, Katie Krywokulski, Lillian Leung, and Adam Porton. Eviction Lab National Database: Version 1.0. Princeton: Princeton University, 2018, www.evictionlab.org. Please note that these figures are likely underestimated, as Eviction Lab does not have data from Alaska or Arkansas, and only limited information about California.

95 Federal Deposit Insurance Corporation. Foreclosure Statistics. Retrieved from: https://www.fdic.gov/about/comein/ files/foreclosure_statistics.pdf.

96 Legal Services Corporation, 2018 Grant Activity Reports.

97 Legal Services Corporation, The Justice Gap: Measuring the Unmet Civil Legal Needs of Low-income Americans, June 2017, p.23. https://www.lsc.gov/sites/default/files/images/TheJusticeGap-FullReport.pdf.

98 Desmond, M. (2012, November 29). Tipping the scales in housing court. The New York Times. https://www.nytimes. com/2012/11/30/opinion/tipping-the-scales-in-housing-court.html?smid=pl-share.

99 A Right to a Lawyer to Save Your Home, The New York Times, editorial, Sept. 23, 2016. https://www.nytimes. com/2016/09/23/opinion/a-right-to-a-lawyer-to-save-your-home.html?smid=pl-shar.

100 Legal Services Corporation, Grantee Activity Report 2018.

101 Rebecca Beitsch, “Got a Criminal Record? It’s Getting Easier, Less Expensive to Expunge It,” PEW, Stateline, June 8, 2016, https://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2016/06/08/-got-a-criminal-record-itsgetting- easier-less-expensive-to-expunge-it .

102 Sharon Dietrich and Rebecca Vallas, “The Left, the Right, and the Football Players. How Clean Slate Automated Sealing Was Passed in Pennsylvania,” CLEARINGHOUSE COMMUNITY, November 2018, https://courses.povertylaw. org/clearinghouse/stories/dietrich_vallas.

103 Robert Brame, Shawn D. Bushway, Ray Paternoster, and Michael G. Turner, “Demographic Patterns of Cumulative Arrest Prevalence By Ages 18 and 23,” Crime Delinq. 2014 April; 60(3): 471–486, Table 3.

104 Society for Human Resource Management, “SHRM Survey Findings: Background Checking—The Use of Criminal Background Checks in Hiring Decisions,” (2012). https://www.shrm.org/hr-today/trends-and-forecasting/researchand- surveys/pages/criminalbackgroundcheck.aspx.

105 Rachel West, Rebecca Vallas, Phil Hernandez, and Sharon Dietrich, “News You Can Use: Research Roundup for Re-Entry Advocates,” Center for American Progress, April 5, 2018. https://www.americanprogress.org/issues/poverty/ reports/2018/04/05/448711/news-can-use-research-roundup-re-entry-advocates/.

106 Center for Community Alternatives, The Use of Criminal History Records In College Admissions; Reconsidered, 2010. https://www.aacrao.org/docs/default-source/signature-initiative-docs/trending-topic-docs/criminal-history---collegeadmissions/ reconsidered-criminal-hist-recs-in-college-admissions.pdf?sfvrsn=f793f4bc_2.

107 U.S. Department of Justice, Office of the Attorney General, The Attorney General’s Report on Criminal History Background Checks, June 2006; United States Government Accountability Office, CRIMINAL HISTORY RECORDS. Additional Actions Could Enhance the Completeness of Records Used for Employment-Related Background Checks, GAO-15-162, February 2015, which reported that only 20 states had final dispositions in more than 75% of arrest records. Data from the Survey of State Criminal History Information Systems, 2016 report showed that an average of 35% of all arrest records in state average of 35% of arrest records in state databases in over the past five years did not include the final case disposition (p.2). A National Employment Law Project study found that 50 percent of the FBI’s records did not include information on the final disposition of the case. Maurice Emsellem, “Wanted: Accurate FBI Background Checks for Employment,” National Employment Law Project, Report July 30, 2013. See also: Marina Duane, Nancy La Vigne, Mathew Lynch, Emily Reimal, “Criminal Background Checks. Impact on Employment and Recidivism,” March 2017. Urban Institute, Persis S. Yu, Sharon M. Dietrich, Broken Records. How Errors by Criminal Background Checking Companies Harm Workers and Businesses. National Consumer Law Center, April 2012 https://www.nclc.org/issues/broken-records.html.

108 There is widespread agreement that a large majority of arrests end in no conviction or led to convictions of minor offenses, but there are no official estimates of this number. One study estimated that as many as nine in ten of those with criminal records have never been convicted or received probation-only sentences for low-level crimes. Rebecca Vallas, Melissa Boteach, Rachel West, and Jackie Odum, Removing Barriers to Opportunity for Parents With Criminal Records and Their Children. A Two-Generation Approach, Appendix. See also: Megan T. Stevenson, “The Scale of Misdemeanor Justice,” 98 Boston University Law Review 731, 2018, who estimates there are more than 13 million arrests each year; Kimani Paul-Emile, “Beyond Title Vii: Rethinking Race, Ex-Offender Status, And Employment Discrimination In The Information Age,” 100 VA. L. REV. n.49 (2014), http://www.virginialawreview.org/volumes/content/beyond-titlevii- rethinking-race-ex-offender-status-and-employment-discrimination .

109 Rebecca Vallas, Melissa Boteach, Rachel West, and Jackie Odum, Removing Barriers to Opportunity for Parents With Criminal Records and Their Children, December 2015. Rebecca Vallas and Sharon Dietrich, One Strike and You’re Out. How We Can Eliminate Barriers to Economic Security and Mobility for People with Criminal Records, Center for American Progress, December 2014, https://www.americanprogress.org/issues/poverty/reports/2014/12/02/102308/ one-strike-and-youre-out/; Ericka B Adams, Elsa Y Chen, Rosella Chapman, “Erasing the mark of a criminal past: Exoffenders’ expectations and experiences with record clearance,” Punishment & Society, 2017, Vol. 19(1) 23–52; http:// journals.sagepub.com/doi/abs/10.1177/1462474516645688 , Benjamin D. Geffen, The Collateral Consequences of Acquittal: Employment Discrimination on the Basis of Arrests Without Convictions, University of PA Journal of Law and Social Change 81 (2017); Available at: https://scholarship.law.upenn.edu/jlasc/vol20/iss2/1. Jamie Gullen, “Why Clear a Record? The Life-Changing Impact of Expungement”, Community Legal Services (Philadelphia, PA), September 2018; Margaret Stevenson, “Expungement. A Gateway To Work,” Clearinghouse, April 2015, http://povertylaw.org/clearinghouse/articles/ expungement. John Schmitt and Kris Warner, “Ex‐offenders and the Labor Market,” Center for Economic and Policy Research, November 2010, http://www.cepr.net/documents/publications/ex-offenders-2010-11.pdf.

110 Legal Services Corporation, 2018 Grant Activity Reports.

111 Society for Human Resource Management, “SHRM Survey Findings: Background Checking—The Use of Criminal Background Checks in Hiring Decisions,” (2012), available at https://www.shrm.org/hr¬ today/trends-andforecasting/ research-and-surveys/pages/criminalbackgroundcheck.aspx.

112 See supra note 109.

113 U.S. Census Bureau, 2018 American Community Survey 1-Year Estimates, Table C17024, Age By Ratio Of Income To Poverty Level In The Past 12 Months.

114 Legal Services Corporation, The Justice Gap: Measuring the Unmet Civil Legal Needs of Low-income Americans. Prepared by NORC at the University of Chicago for Legal Services Corporation, (2017), p. 47.

115 Legal Services Corporation, 2018 Grant Activity Reports. This number is calculated by multiplying the number of cases in which a senior was the named client (148,050) by the average number of persons in all cases closed by LSC grantees (743,113). (The average number of persons in the household in those cases was 2.455).

116 Legal Services Corporation, LSC by the Numbers: The Data Underlying Legal Aid Programs, 2018, p. 70.

117 U.S. Department of Housing and Urban Development, Office of Policy Development and Research, Worst Case Housing Needs 2017 Report To Congress, Calculated from data in Tables A-7 and A-8. These data are for “very lowincome” renters and “extremely low-income renters.” These are households with incomes no more than 30% and 50%, respectively, of the HUD Area Median Income (AMI). In 2015, 30% and 50% of the national AMI for 4-person and 3-person households were $28,400 and $17,050 per year, respectively. The LSC income limits for 4-person and 3-person households that year were $30,313 and $25,113, respectively.

118 U.S. Census Bureau, 2018 American Community Survey 1-Year Estimates, Table B18130, Age By Disability Status By Poverty Status.

119 Dorina Cadar, Camille Lassale, Hilary Davies, David J. Llewellyn, G. David Batty, Andrew Steptoe, “Individual and Area-Based Socio-economic Factors Associated With Dementia Incidence in England Evidence From a 12- Year Follow-up in the English Longitudinal Study of Ageing,” JAMA Psychiatry. 2018;75(7):723-732. doi:10.1001/ jamapsychiatry.2018.1012. Published online May 16, 2018. Corrected on July 3, 2018.

120 United States Government Accountability Office, Elder Justice. National Strategy Needed to Effectively Combat Elder Financial Exploitation. GAO-13-110. November 15, 2012.

121 Steven Ruggles, Sarah Flood, Ronald Goeken, Josiah Grover, Erin Meyer, Jose Pacas and Matthew Sobek. IPUMS USA: Version 9.0 [dataset]. Minneapolis, MN: IPUMS, 2019. https://doi.org/10.18128/D010.V9.0 . (Data from U.S. Census Bureau, 2018 American Community Survey 1-Year Estimates.)

122 U.S. Census Bureau, 2018 American Community Survey 1-year estimates, S1811, Selected Economic Characteristics for the Civilian Noninstitutionalized Population by Disability Status.

123 U.S. Census Bureau, American Housing Survey, 2017; generated by LSC staff using the American Housing Survey Table Creator; https://www.census.gov/programs-surveys/ahs/data/interactive/ahstablecreator.html; (28 September 2018). This measure includes households with zero or negative income.

124 U.S. Department of Housing and Urban Development, The 2017 Annual Homeless Assessment Report (AHAR) to Congress, Part 2, October 2018.

125 Legal Services Corporation, The Justice Gap: Measuring the Unmet Civil Legal Needs of Low-Income Americans. Prepared for Legal Services Corporation by NORC at the University of Chicago, (2017), p. 50.

126 Ibid.

127 National Fair Housing Alliance, Defending Against Unprecedented Attacks on Fair Housing: 2019 Fair Housing Trends Report, p.15. https://nationalfairhousing.org/wp-content/uploads/2019/10/2019-Trends-Report.pdf.

128 Discrimination based on disability was involved in nearly one-third (32%) of the discrimination complaints received by the U.S. Equal Employment Opportunity Commission in 2018. U.S. Equal Employment Opportunity Commission, “Charge Statistics (Charges filed with EEOC) FY 1997 Through FY 2018. https://www.eeoc.gov/eeoc/statistics/ enforcement/charges.cfm.

129 U.S. Census Bureau, 2018 American Community Survey 1-year estimates, B21007, Age by Veteran Status by Poverty Status in the Past 12 Months by Disability Status for the Civilian Population 18 Years and Over.

130 Bureau of Labor Statistics, U.S. Department of Labor, Economic News Release, Persons with a Disability: Labor Force Characteristics–2018, February 26, 2019, https://www.bls.gov/news.release/disabl.htm.

131 Estimate of persons served based on (1) LSC, 2018 Grant Activity Reports (GAR) data for cases related to Supplemental Security Income, Social Security Disability Insurance, Special Education/Learning Disabilities, and Disability Rights and (2) GAR data for average number of persons served. 86% of cases related to SSI were estimated to be disability-related, in alignment with national estimates published in the U.S. Social Security Administration’s 2019 SSI Annual Report.

132 Calculation of $54.7 million increase in LSC appropriated dollars is ($440 million in FY 2020-LSC funding minus $385 million in FY 2017), minus the OIG increase of $300,000.

133 LSC: 2018 LSC By the Numbers: The Data Underlying Legal Aid Programs; Table 2. Total LSC and Non-LSC Funding in Inflation-Adjusted Dollars by Year, 2009-2018.