Legal Services Corporation Act Amendments

(Measure indefinitely postponed in Senate, H.R. 6666 passed in lieu)

Legal Services Corporation Act Amendments - Provides a $205,000,000 authorization of appropriations for fiscal year 1978 and such sums as necessary for the two succeeding fiscal years for carrying out the activities of the Legal Services Corporation.

Amends the Legal Services Corporation Act to require that at least three persons appointed to fill vacancies occurring between January 1, 1977, and July 30, 1978, in the Board of Directors of the Legal Services Corporation be persons eligible to be clients thereunder.

Requires that at least one-third of the governing body of an organization formed solely for the purpose of providing legal assistance under such Act be composed of eligible clients.

Subjects meetings of the Board of Directors, of executive committees thereof, and of any advisory council established under the Legal Services Corporation Act, to Government in the Sunshine Act provisions relative to open meetings.

Authorizes judicial review of representation questions decisions by the Legal Services Corporation.

Empowers the Corporation to undertake research and assistance activities with respect to the delivery of legal services by means of contract or grant.

Directs that a court provide compensation for an attorney employed by a recipient organization and appointed to provide legal assistance, unless such appointment is made pursuant to a statute or practice applied generally to attorneys practicing before the court.

Repeals restrictions on political activities unrelated to legal assistance with respect to attorneys receiving more than one-half their professional income from an organization established for the sole purpose of providing assistance under the Legal Services Corporation Act.

Revises guidelines regarding eligibility for, and priorities relative to, such assistance.

Revises the limitations on the use of funds made available by the Corporation: (1) permit the provision of legal assistance with respect to criminal matters where a person is charged with an offense involving hunting, fishing, trapping, or gathering fruit of the land, a defense asserted involves rights arising from an Indian treaty, or a person is charged with a misdemeanor or lesser offense in an Indian tribal court; (2) eliminate prohibitions against providing legal assistance to un-emancipated persons less than 18 years of age and in connection with selective service violations; (3) eliminate prohibitions against providing legal assistance relating to school desegregation; and (4) revise prohibitions relative to formation of associations and military offenses.

Authorizes the Corporation to make grants or enter into contracts to pay all or part of the cost of developing and/or operating model projects to expand or improve the delivery of legal services to segments of the population of eligible clients with special legal problems or special difficulties of access to legal services, including elderly persons, handicapped individuals, veterans, seasonal workers, persons with limited English-speaking abilities and indigent persons in sparsely populated areas where a harsh climate and an inadequate transportation system impede the receipt of legal services.

Authorizes the appointment of independent hearing examiners to preside over hearings to suspend or terminate assistance under the Legal Services Corporation Act.

Grants a preference in filling staff attorney positions in the Legal Services Corporation to qualified persons who reside in the community to be served to the extent such preference is consistent with the laws of the United States respecting discrimination in employment.

Provides for prior notification to the principal local bar associations of any community of any grant or contract where legal assistance will be initiated.

Permits the Legal Services Corporation to represent a client in a civil action in which the client's status as a conscientious objector prior to July 1, 1973, is the issue.

Equal Access to Courts Act - Entitles a party which: (1) prevails in any civil action, including an action for judicial review of agency actions; and (2) is a small business as defined by the Small Business Act or an individual or entity having assets or income below specified amounts; to a judgment for costs and an award for attorney fees, witness fees, and necessary studies and reports.

Directs an agency to pay costs and fees to a party meeting the criteria of (2) above if such a party (1) successfully defends the imposition of an agency sanction, (2) successfully opposes the issuance or amendments of certain agency orders, or (3) successfully appeals agency action or is subject to agency action which is appealed or reviewed.

Entitles a party partially prevailing against the United States to costs and fees to the extent to which it prevailed. Authorizes an award of cost and fees to a party which fails to prevail in a civil action instituted by or against the United States where the court finds that such award would be in the interest of justice.