Program Policy Statements

Part 1626

It is impermissible for an individual, while engaged in legal services activities funded by LSNF, to provide legal services for or on behalf of an ineligible alien beyond normal intake and referral services, except for an alien who has been battered or subjected to extreme cruelty or whose child has been battered or subjected to extreme cruelty (without the active participation by the alien) in the United States by a spouse or parent of the alien (or by a member of the spouse’s or parent’s family residing in the same household as the alien and the spouse or parent consented or acquiesced in the cruelty or battery) provided that the legal assistance directly relates to the prevention of, or obtaining relief from, the battery or cruelty. (Applicants who have been battered or subjected to extreme cruelty must be served with non-LSC funds.)

Unless the only service provided is brief advice and consultation by telephone, which requires no written attestation, a citizen seeking representation from LSNF shall attest in writing to the fact of his or her U.S. citizenship on the form attached. Verification of citizenship shall not be required unless LSNF intake staff has reason to doubt that a person is a United States citizen. Factors such as a person’s accent, race, color, appearance, national origin, occupation and ability to speak English may not be considered in evaluating whether there is reason to doubt U.S. citizenship. If verification is required, LSNF shall accept the original, a certified copy, or a photocopy that appears to be complete, correct and authentic of any of the following documents: U.S. passport, birth certificate, naturalization certificate, U.S. citizenship identification card, or baptismal certificate showing place of birth within the U.S. and date of baptism within two months after birth. LSNF may also accept any other authoritative document such as a document issued by INS, by a court or by another governmental agency, that provides evidence of citizenship. If a person is unable to produce any of the documents listed, he or she may submit a notarized statement signed by a third party, who shall not be an employee of LSNF and who can produce proof of that party's own U.S. citizenship, that the person seeking legal assistance is a U.S. citizen.

LSNF may provide legal assistance to aliens who are present in the United States and who are:

1. lawfully admitted for permanent residence;

2. married to U.S. citizens and have pending applications for adjustment of status;

3. parents of a U.S. citizen and have pending applications for adjustment of status;

4. unmarried children under the age of 21 of a U.S. citizen and have pending applications for adjustment of status; or

5. lawfully present in the U.S.

a. pursuant to a refugee admission;

b. based on a granted asylum by the Attorney General;

c. as a result of being granted conditional entry to the United States before April 1, 1980, because of persecution, fear of persecution, or being uprooted by catastrophic natural calamity; or

d. as a result of the Attorney General's withholding a deportation.

LSNF may also provide legal assistance to (1) special agricultural workers whose status is adjusted to temporary resident alien; (2) "H-2" non-immigrant agricultural workers for matters arising under their specific employment contracts in the areas of wages, housing, transportation and other specified employment rights; (3) Canadian-born American Indians; (4) members of the Texas Band of Kickapoo; or (5) indigent foreign nationals seeking assistance pursuant to the Hague Convention on the Civil Aspects of International Child Abduction.

Unless the only service provided is brief advice and consultation by telephone, which requires no verification, to verify eligibility of aliens seeking representation, LSNF shall accept originals, copies, or photocopies (that appear to be complete, correct and authentic) of the documents identified in the attached appendix. Where an alien has documentation that does not fit into the categories listed in the eligibility form but does fit in the categories listed on the appendix, the documentation should be specified on the form and sent with a copy of the form to the executive director. Because of changes in immigration law and forms, the list of documents on the appendix may not be exhaustive. LSNF may accept any other authoritative document issued by the INS, by a court, or by another governmental agency, that provides evidence of alien status. Where an alien has documentation that does not fit into the categories listed on the appendix, the documentation should be reviewed with the executive director (or designee) to determine eligibility. LSNF, upon request, shall furnish each person seeking legal assistance with a list of documents in the appendix.

In an emergency, LSNF may provide legal services to an applicant prior to the applicant's providing written attestation of citizenship or proof of eligibility if the conditions listed on the U.S. Citizenship Determination or the Alien Eligibility Form under "Emergencies" are met and the additional required information is completed by LSNF staff, including written documentation detailing the nature of the emergency. If to the knowledge of LSNF a client who was eligible becomes ineligible through a change in circumstances, LSNF must discontinue representation consistent with the applicable Rules of Professional Responsibility.

LSNF will maintain records to document its compliance with this policy. LSNF is not required to maintain records regarding the immigration status of clients represented on the basis that they or their children have been battered or subjected to extreme cruelty in the U.S.

It is the goal of LSNF to provide full representation to its potential clients through either direct representation by LSNF or appropriate referral in instances where representation is prohibited under this policy. LSNF is not required to maintain records of alien status for individuals who are rejected or referred.

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7/98

Attachments (citizenship determination & alien eligibility forms below)

U.S. CITIZENSHIP DETERMINATION

I hereby certify that I am a citizen of the United States of America.

Signed:_______________________________________________________________________

Print Name:___________________________________________________________________

Date:________________________________________________________________________

If there is reason to doubt an applicant's claim of citizenship, you must require documentary evidence of U.S. citizenship from the applicant, and make a copy of the evidence, which will be placed in the case file. If the applicant is not a U.S. citizen, LSNF must complete the Alien Eligibility Form.

An original or certified copy of any of the following documents is acceptable as proof of U.S. citizenship:

1. U.S. passport

2. Birth certificate

3. Naturalization certificate

4. U.S. Citizenship Identification Card (INS Form 1-197)

5. Commuter Status Card (INS Form 1-178)

6. Baptismal certificate showing place of birth within the U.S. and a date of baptism within two months after birth

If a person is unable to produce any of the above documents, he or she may submit a notarized statement signed by a third party, who shall not be an employee of LSNF and who can produce proof of that party's own U.S. citizenship, that the person seeking legal assistance is a U.S. citizen.

If an applicant is found not to be a U.S. citizen, you must use the Alien Eligibility Form to determine whether he or she is an eligible or ineligible alien. A copy of the Alien Eligibility Form must be sent to the Executive Director.

EMERGENCIES: IN AN EMERGENCY, LEGAL SERVICES MAY BE PROVIDED PRIOR TO PROVIDING PROOF OF ELIGIBILITY, IF

1. It is not feasible for an applicant claiming citizenship to come to LSNF's office or otherwise physically transmit documentation to Legal Services of North Florida before commencement of representation, in which case such required information as can be obtained orally shall be recorded by LSNF and written documentation shall be submitted as soon as possible; or

2. An applicant is physically present, but cannot produce required verification of citizenship, in which case he or she shall sign this form and identify the documents that will be produced to verify citizenship (such documentation to be submitted as soon as possible); and

3. The applicant's "emergency" falls within the criteria for emergency assistance defined in LSNF's determination of priorities; and

4. LSNF informs clients accepted under these procedures that only limited, emergency legal assistance may be provided them without satisfactory documentation and that failure or inability to produce satisfactory documentation will compel LSNF to discontinue representation consistent with its professional responsibilities as soon as the emergency no longer exists.

____________________________________________________________________________________________________________________________________________________________

For persons requiring representation under this section, staff must check the following information, as it applies:

_____ The applicant has indicated he/she is a U.S. citizen and will be completing a U.S. Citizenship Determination Form and returning it to this office as soon as possible.

_____ The applicant has been asked to submit proof of citizenship as soon as possible. The applicant believes he/she can produce ________________________________________________________________________________________________________________________________________________

TELEPHONE CONTACT: No written documentation or verification of eligibility is required when the only service provided is brief advice and consultation by telephone (though an oral declaration of citizenship will be sought).

(This form becomes a part of all case files.)

ALIEN ELIGIBILITY FORM

Original - To Case File

Copy of Form & Proof - To Executive Director

If an applicant is not a U.S. citizen, you must determine whether he/she is an eligible or ineligible alien. Except when the only service provided is brief advice and consultation by telephone, the alien must submit appropriate documents to verify eligibility. If the alien is found eligible, check the appropriate category and proof below. A copy of the proof must be kept with the case file.

Name ____________________________________________________________

Intake Sheet No._________________________________________________

Date ____________________________________________ Check here if

ineligible alien __

Check here if eligible but no proof of eligibility due to emergency __

I. __ PERMANENT RESIDENT OR H-2A WORKER

Required Proof (check applicable item):

__ Alien Registration Receipt Card (INS Forms I-151, I-551 or AR-3)

__ Temporary Evidence of Lawful Admission for Permanent Residence (INS Form I-181B)

__ Valid passport and immigrant visa

__ Verification that Special Agricultural Worker (SAW) application was granted (I-688 card marked “210")

__ H-2A Visa (only for legal assistance relating to wages, housing, transportation, and other employment rights provided in the worker’s contract)

II. __ MARRIED TO A U.S. CITIZEN, OR IS A PARENT OR AN UNMARRIED CHILD UNDER THE AGE OF 21 OF SUCH A CITIZEN AND HAS FILED AN APPLICATION THAT HAS NOT BEEN REJECTED FOR ADJUSTMENT OF STATUS, PERMANENT RESIDENCY WITH INS OR WITH THE AMERICAN CONSULATE, OR SUSPENSION OF DEPORTATION.

Required Proof (Check one from A and one from B):

A. __ Fee receipt issued to the alien by the INS at the time Application for Status as Permanent Resident (INS Form I-485) was filed.

or __ Copy of the Application for Status as Permanent Resident accompanied by a notarized statement, signed by the alien, that such form was filed with INS.

or __ Copy of the Application for Immigrant Visa and Alien Registration (Department of State Form FS-510) accompanied by a notarized statement, signed by the alien, that such form was filed with a consulate office.

or __ Copy of the Application for Suspension of Deportation (INS Form I-256A) accompanied by a notarized statement, signed by the alien, that such form was filed with INS.

And one of the following:

B. __ Copy of alien's marriage certificate accompanied by proof of the spouse's U.S. citizenship.

or __ Copy of the U.S. birth certificate, baptismal certificate, adoption decree, or other documents demonstrating that the alien is the parent of a U.S. citizen under the age of 21.

or __ Copy of the alien's birth certificate, baptismal certificate, adoption decree, or other documents demonstrating that the alien is a child under the age of 21, accompanied by proof that the alien's parent is a U.S. citizen.

or __ Copy of the Petition to Classify Status of Alien Relative for Issuance of Immigrant Visa (INS Form I-130) containing information that demonstrates that the alien is related to such a U.S. citizen spouse, parent, or child, accompanied by a notarized statement that such form was filed with INS or the American Consulate.

III. __ LAWFULLY PRESENT IN U.S. UNDER SECTION 207, OR 208, OR 203(a)(7) OF THE IMMIGRATION AND NATIONALITY ACT (REFUGEE/ASYLEE/CONDITIONAL ENTRANT).

Required Proof:

__ Arrival-Departure Record (INS Form I-94) marked "Section 207" or "Refugee" (if claiming refugee status), "Section 208" or "Asylum" (if claiming asylum status), or "Section 203(a)(7)" or "Conditional entry" (if claiming conditional entrant status).

IV. __ LAWFULLY PRESENT IN U.S. AS A RESULT OF THE ATTORNEY GENERAL'S WITHHOLDING OF DEPORTATION PURSUANT TO SECTION 243(h) OF THE IMMIGRATION AND NATIONALITY ACT.

Required Proof:

__ Arrival-Departure Record (INS Form I-94) marked "Section 243(h)," or a court order or letter signed by an immigration judge stating that the Attorney General is withholding deportation of the alien.

V. __ AGRICULTURAL WORKERS

Required Proof:

__ Arrival-Departure Record (INS Form I-94) or passport stamped “H-2A.”

VI. __ SPECIAL AGRICULTURAL WORKER TEMPORARY RESIDENT

Required Proof:

__ INS Forms I-688, 688A, or 766 indicating issuance under Section 210.

__ OTHER DOCUMENTATION LISTED ON THE APPENDIX TO PART 1626.

Specify:____________________________________________________________________________________________________________________________

__ OTHER DOCUMENTATION REVIEWED WITH THE EXECUTIVE DIRECTOR OR DESIGNEE.

Specify:____________________________________________________________________________________________________________________________

EMERGENCIES: IN AN EMERGENCY, LEGAL SERVICES MAY BE PROVIDED PRIOR TO PROVIDING PROOF OF ELIGIBILITY, IF

1. It is not feasible for an alien to come to LSNF's office or otherwise physically transmit documentation to Legal Services of North Florida before commencement of representation, in which case such required information as can be obtained orally shall be recorded by LSNF and written documentation shall be submitted as soon as possible; or

2. An alien is physically present, but cannot produce required documentation, in which case he or she shall make a written statement identifying the category under which he or she claims eligibility and the documents that will be produced to verify that status (such documentation to be submitted as soon as possible); and

3. The applicant's "emergency" falls within the criteria for emergency assistance defined in LSNF's determination of priorities; and

______________________________________________________________________________

For persons requiring representation under this section, the applicant must complete the following:

I am not a U.S. citizen but am claiming eligibility for legal services on the basis of my status under Section ___ above. I will produce documents to verify my status as soon as they are available to me.

_____________________________________

Signature

_____________________________________________________________________________

TELEPHONE CONTACT: No written verification of eligibility is required when the only service provided is brief advice and consultation by telephone (though an oral declaration of eligible alien status will be sought).

Part 1643

POLICY ON ASSISTED SUICIDE, EUTHANASIA AND MERCY KILLING

It is impermissible for an individual, while engaged in legal services activities funded by LSNF, to assist in, support or fund any activity or service, or to bring suit or provide any other form of legal assistance for the purpose of

A. Securing or funding any item, benefit, program or service furnished for the purpose of causing or the purpose of assisting in causing the suicide, euthanasia or mercy killing of any individual;

B. Compelling any person, institution or governmental entity to provide or fund any item, benefit, program or service for such purpose; or

C. Asserting or advocating a legal right to cause or to assist in causing the suicide, euthanasia or mercy killing of any individual.

This policy shall not apply to legal services for the purposes of withholding or withdrawing of medical treatment, medical care, nutrition or hydration; abortion; the use of items, goods, benefits or services furnished for purposes relating to the alleviation of pain or discomfort, even if they may increase the risk of death, unless they are furnished for the purpose of causing or assisting in causing death; or the provision of factual information regarding applicable law on assisted suicide, euthanasia and mercy killing.

None of the restrictions contained in this policy apply to support activities, litigation or other legal assistance related to assisted suicide, euthanasia or mercy killing, using non-LSC funds.

It is the goal of LSNF to provide full representation to its potential clients through either direct representation by LSNF or appropriate referral in instances where representation is prohibited pursuant to this policy, and such policy adversely impacts the client.

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Part 1642

POLICY ON ATTORNEYS' FEES

A. Except as permitted by paragraph B below, no employee of LSNF may claim or collect and retain attorneys' fees in any case undertaken on behalf of a client of LSNF where an award of attorneys' fees is available pursuant to federal or state law (including payment to an attorney from a client’s retroactive statutory benefits). An award includes an order approving a settlement agreement which provides for payment of attorneys’ fees. This prohibition extends to private attorneys who are under contract with LSNF but does not extend to private attorneys who undertake pro bono representation of eligible clients referred by LSNF.

B. This prohibition does not apply to:

(1) cases filed prior to April 26, 1996 (though it shall apply to any additional claim for a client made in a case pending on April 26, 1996);

(2) payments made for cases in which a court appoints LSNF or an employee of LSNF to provide representation pursuant to a statute or a court rule or practice equally applicable to all attorneys in the jurisdiction (and in which LSNF or the employee on behalf of LSNF receives compensation under the same terms and conditions as are applied generally to attorneys practicing in the court in which the appointment is made);

(3) cases in which the claim for attorneys' fees is not based on federal or state law (including common law);

(4) payments received as a result of sanctions imposed by a court for violations of court rules or practices or statutes relating to court practice (including but not limited to Rule 11 or discovery rules of the Federal Rules of Civil Procedure or similar state court rules or practices or statutes, or Section 57.105 or sanction provisions of Chapter 120, Florida Statutes, or other statutory sanction provisions in federal or state law);

(5) reimbursement of costs and expenses from an opposing party; or

(6) payments made to LSNF or one of its employees pursuant to a grant, contract or other agreement by a governmental agency or other third party for representation of clients.

C. Any fees received pursuant to paragraph B above shall be allocated to the fund in which LSNF's LSC grant is recorded in the same proportion that the amount of Corporation funds bears to the total amount expended by LSNF to support the work and shall be recorded during the accounting period in which the money is received.

D. When a case results in a recovery of damages or statutory benefits to a client, LSNF may accept reimbursement from the client for out-of-pocket costs and expenses incurred in connection with the case if the client has agreed in writing to reimburse LSNF for such costs and expenses.

E. LSNF may require a client to pay court costs when the client does not qualify to proceed in forma pauperis.

LSNF will maintain records to document its compliance with this policy.

It is the goal of LSNF to provide full representation to its potential clients through either direct representation by LSNF or appropriate referral or cocounseling in instances where a claim for attorneys' fees is prohibited but such prohibition would adversely impact the representation.

5/97

9/97

POLICY ON BOARD MEMBER TRAVEL

Board members who are requested by the Recipient to attend meetings out of town shall be reimbursed by the Recipient according to the same policy that applies to staff members as stated in the personnel policies and procedures of the program.

Part 1617

POLICY ON CLASS ACTIONS

It is impermissible for any individual, while engaged in legal assistance activities funded by LSNF, to initiate or participate in any class action, pursuant to Rule 23 of the Federal Rules of Civil Procedure, or Rule 1.220 of the Florida Rules of Civil Procedure, including acting as amicus curiae or cocounsel, or representing an individual client who seeks to intervene in, modify, or challenge the adequacy of the representation of the class.

It is permissible for an individual, while engaged in legal assistance activities funded by LSNF, to (1) engage in non-adversarial activities including efforts to remain informed about, or to explain, clarify, educate or advise others about the terms of an order granting relief in a class action case; (2) provide individual representation of a client seeking to withdraw from or opt out of a class or obtain the benefit of relief ordered by the court in a class action case; and (3) refer clients who may wish to pursue claims on behalf of themselves and others through a class action to a non-LSC funded entity or attorney.

It is the goal of LSNF to provide full representation to its potential clients through either direct representation by LSNF or appropriate referral in instances where class action representation is prohibited but would benefit an individual or group of clients seeking assistance.

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Part 1636

POLICY ON CLIENT IDENTIFICATION AND STATEMENT OF FACTS

A. Unless a court of competent jurisdiction has entered an order protecting the identity of a plaintiff from disclosure based on a finding (after notice and an opportunity for a hearing on the matter) of probable serious harm to the plaintiff if the disclosure is not prevented, an individual, while engaged in legal services activities funded by LSNF, shall:

(1) identify each plaintiff he/she represents by name in any complaint he/she files or in a separate notice to the defendant against whom the complaint is filed where disclosure in the complaint would be contrary to law or court rules or practice;

(2) identify each plaintiff it represents to prospective defendants prior to engaging in pre-complaint settlement negotiations (if initiating litigation is contemplated and the client has authorized LSNF to file suit if negotiations are unsuccessful); and

(3) maintain in each client’s file documentation indicating the reason that identification of that client’s name was not made when a court of competent jurisdiction has entered a finding that probable serious harm to the plaintiff will occur if the disclosure is allowed.

B. Prior to initiating action described in A above, an individual, while engaged in legal services activities funded by LSNF, will prepare a dated written statement signed by each plaintiff it represents enumerating the facts supporting the complaint that are known to the plaintiff. This can be accomplished by having the client sign a draft or copy of the original complaint and dating that draft or copy. The statement must be in English and, if necessary, in a language other than English that the plaintiff understands.

C. Copies of these statements must be filed in each client’s case file and in a master file in each office.

D. A statement is not required in the event of an emergency if LSNF reasonably believes that delay is likely to cause harm to a significant safety, property or liberty interest of the client, provided that a statement is signed after LSNF proceeds with the litigation or negotiation as soon as possible thereafter. LSNF shall maintain in the case file a statement of the nature of the emergency.

E. Statements prepared pursuant to this policy shall not be disclosed except to the Legal Services Corporation or to a federal department or agency auditing or monitoring LSNF or to any auditor or monitor receiving federal funds to audit or monitor LSNF in compliance with Section 509 of Public Law 104-134.

G. This policy applies to cases for which private attorneys are compensated by LSNF but not to cases referred by LSNF to attorneys who accept them on a pro bono basis.

LSNF will maintain records to document its compliance with this policy.

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07/98

Part 1644

POLICY ON DISCLOSURE OF CASE INFORMATION

For each case filed in court after January 1, 1998, by attorneys employed by LSNF, LSNF shall collect the following information:

1. The name and full address of each party to a case unless

a) the information is protected by an order or rule of court; or

b) the information is protected by state or federal law; or

c) LSNF’s attorney reasonably believes that revealing such information would put the client at risk of physical harm, such as in domestic violence cases;

2. The cause of action;

3. The name and full address of the court where the case is filed;

and

4. The case number assigned to the case by the court.

LSNF will collect the information described above. If required and determined not to violate client confidentiality, LSNF will provide the information in semiannual reports to the Legal Services Corporation and will make the information available in written form to any person so requesting it for a charge of $.25 per page copying cost plus actual postage.

6/98

POLICY ON EXECUTIVE SESSION

1. Unless the Board of Directors of LSNF finds that the public interest requires otherwise, a meeting or a portion thereof may be closed to public observation (and information pertaining to such meeting or portion thereof may be withheld) if the Board determines that the meeting or portion thereof will more probably than not:

(a) Relate solely to the internal personnel rules and practices of LSNF;

(b) Disclose matters specifically exempted from disclosure by state or federal law;

(c) Disclose trade secrets and commercial or financial information obtained from a person and privileged or confidential;

(d) Involve accusing any person of a crime or formally censuring any person;

(e) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

(f) Disclose investigatory records compiled for the purpose of enforcing law, or information which if written would be contained in such records, but only to the extent that production of such records or information would: