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Massachusetts Access to Justice Commission Calls for Phasing Out Courthouse Cell Phone Bans, Drawing on Recommendations from Massachusetts Appleseed Report

For Immediate Release

BOSTON, May 29, 2019 – The Massachusetts Appleseed Center for Law and Justice applauds the Massachusetts Access to Justice Commission’s conclusions in its recently released report that courthouse cell phone bans create “unacceptable hardships” for court users and visitors. The Commission’s report recommended that cell phone bans “should be phased out in favor of alternative security measures” that prevent the misuse of cell phones in courthouses while allowing court users access to their devices.

These findings echo a July 2018 report by Massachusetts Appleseed that detailed how cell phone bans prevent people without attorneys from presenting critical evidence stored on their phones or referencing relevant legal resources during their legal proceedings. Appleseed also found that these bans create serious hardships for low-income court users who are often unable to coordinate childcare, transportation, and their absences from work without access to their cell phones.

“The burden of courthouse cell phone bans falls especially hard on people with business before the court who cannot afford to hire an attorney to represent them, many of whom are also members of other vulnerable populations,” said Deborah Silva, Executive Director of Massachusetts Appleseed. “I’m thrilled to see the Massachusetts court system take another step closer to ensuring justice for all and am grateful to the Access to Justice Commission’s working group for its thorough and thoughtful study of this issue.”

Cell phone bans exist in 56 court facilities across Massachusetts, but the Commission recommended that the bans be reviewed and eliminated in most courthouses while providing exemptions for self-represented litigants in all courthouses during the transition period. In high-security risk courthouses where restrictions are deemed necessary, the Commission recommended that the bans could be replaced with either in-court storage facilities or Yondr pouches (tamper-proof containers that the phone’s owner can carry but have to be unlocked by security personnel). The Commission’s report also emphasized that the court system’s portable electronic device policies should focus on regulating the use of devices rather than the possession of them.

Massachusetts Appleseed’s report, Cell Phones in the Courthouse, an Access to Justice Perspective, can be found on its website: www.massappleseed.org.

 

About the Massachusetts Appleseed Center for Law and Justice:

Massachusetts Appleseed’s mission is to promote equal rights and opportunities for Massachusetts residents by developing and advocating for systemic solutions to social justice issues. Appleseed uses research, collaboration, and advocacy to advance social justice across the Commonwealth. For more information about Massachusetts Appleseed, visit www.massappleseed.org. Follow us on Twitter: @MassAppleseed.

Media Contact:
Deborah Silva, Executive Director, Massachusetts Appleseed
617-482-9111, deb@massappleseed.org

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The 2020 State Budget: Civil Legal Aid and State ID for Youth Experiencing Homelessness On The Line!

“Each line item, each number, is much more than just a number. It is a statement of the Senate’s priorities and our values and what we hold dear.”

– Senate President Karen Spilka

With the House budget settled, it’s the Senate’s turn to look ahead towards 2020. The Senate Committee on Ways & Means released its budget earlier this month, and while several of the line items we support have been fully funded, there is still a funding gap for one critical issue — civil legal aid. And there’s also a chance to advance opportunities for youth experiencing homelessness in Massachusetts. Please take a moment and check out our budget priorities below and the amendments Senators Creem, Eldridge, Chandler, and Welch have filed for civil legal aid and for youth experiencing homelessness.

Your vocal support for these amendments and line items makes all the difference, and we can’t do this without you. Please join us and call your State Senator to ensure these key areas are fully funded and included in the Senate’s final budget!

First, the Good News…

Safe and Supportive School Environments

The Safe and Supportive Schools law, passed in 2014, was enacted to make the vision of safe and supportive whole-school cultures that address many barriers to learning a reality. I’m pleased to report that the Senate Committee on Ways & Means has recommended slightly above level funding ($500,000) for the Safe and Supportive Schools line item (7061-9612). This funding will be used to continue the Safe and Supportive Schools Grant Program, develop school-wide Action Plans, collect feedback from students, and more.

Youth Homelessness: Housing and Support Services

The Senate Committee on Ways & Means has recommended $5 million for housing and supportive services for youth experiencing homelessness (line item 4000-0007)! With reports of youth homelessness on the rise, it is critical that the state continue to invest in long-term solutions to build on past progress and provide much-needed support to vulnerable youth in Massachusetts. We look forward to advocating for the Senate’s recommendation when the Conference Committee convenes!

Budget Amendments That Need Your Support!

Civil Legal Aid

Civil legal aid organizations are often the last place low-income residents facing a civil legal crisis can turn to. For those dealing with life-altering legal issues such as eviction, domestic violence, and more, civil legal aid is a lifeline. We thank the Senate Committee on Ways & Means for recommending $22 million in its budget for civil legal aid, an increase of $1 million over last year.

But with civil legal aid organizations forced to turn away a MAJORITY of eligible residents seeking help every year, it’s still not enough.

Senate Majority Leader Cynthia Creem and Senate Judiciary Chair Jamie Eldridge have filed Amendment #976 to increase funding for the Massachusetts Legal Assistance Corporation (MLAC) line item (0321-1600) to $24 million.

As Senate President Karen Spilka said, the budget is a statement of our priorities and our values. We know civil legal aid is among our priorities, and we know it’s among yours. We must ensure it’s among the Senate’s as well.

Click here for more information about this issue.

Action You Can Take:

Click here to find your State Senator’s contact information TODAY and ask them to support Amendment #976.

Youth Homelessness: Massachusetts State ID

Without government-issued identification, youth experiencing homelessness are unable to complete many important and routine tasks, such as opening a bank account, enrolling in education programs, getting a library card, entering certain government buildings, and more. Right now, there are barriers in place that prevent youth experiencing homelessness from easily obtaining ID.

Some service providers for people experiencing homelessness estimate that half of their clients lack identification cards.

While we will continue to advocate for the passage of a refiled bill throughout the year that would eliminate these barriers, Senators Chandler and Welch have filed Amendment #464 that would address this issue now!

This amendment would establish a process to waive the $25 state ID card fee for youth experiencing homelessness (adding $50,000 to the Transportation Trust Fund, line item 1595-6368) and create an alternative application process if they cannot meet existing criteria (such as providing proof of residency). These are common-sense reforms that will enable youth experiencing homelessness to access the life-saving resources they need.

Click here for more information about this issue.

Action You Can Take:

Click here to find your State Senator’s contact information TODAY and ask them to support Amendment #464.

This time of year is so important, and I want to thank you for raising your voice and helping us get this year’s budget battles off to a great start.

By ensuring Amendments #976 and 464 are included in the Senate’s budget, we will have a better chance of obtaining adequate funding for civil legal aid and support for youth experiencing homelessness in the final budget that the legislature sends to the Governor this summer. Please call your State Senator and urge them to include civil legal aid and state ID for youth experiencing homelessness in their FY20 priorities.

Thank you for your continued support and advocacy.

 

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The 2020 State Budget: The House Budget Is In

Thank you to everyone who raised their voices and called their State Representatives to advocate for our FY20 budget priorities! The House budget debates have come to an end, and the results are in. And as is often the case with the state budget, the results are…mixed. To see the full, finalized House budget, click here. For a deeper dive into our budget priorities – safe and supportive school environments, civil legal aid, and youth homelessness – read more below.

Safe and Supportive School Environments

Adequate funding to continue the implementation of the Safe and Supportive Schools program is necessary to ensure that all students are empowered to succeed in school. However, last month the House rejected Rep. Ruth Balser’s Amendment #1099 to maintain funding at $500,000, instead reducing funding for this line item to $400,000.

The Safe and Supportive Schools law was passed in 2014 to support an expansive and innovative vision of safe and supportive whole-school cultures that address many barriers to learning in Massachusetts schools.

But without level funding in 2020, the Safe and Supportive Schools Grant Program, statewide conferences and leadership summits, a second independent evaluation of all activities, and more may go unfunded. We will advocate for $500,000 – the same amount as last year – for inclusion in the Senate in order to continue this vital work.

Click here for more information about this issue.

Civil Legal Aid

The Massachusetts Legal Assistance Corporation (MLAC) line item (0321-1600) funds free legal services in civil matters for low-income residents of Massachusetts and is an enormously important component of the fight to ensure access to justice in the Commonwealth.

For low-income families facing devastating civil legal aid problems – such as eviction or domestic violence, civil legal services, funded by MLAC, are often their last hope.

The House increased civil legal funding to $23.6 million in its final budget. This is an improvement from the budget recommendations initially released by the House Committee on Ways & Means, but less than Rep. Balser requested in Amendment #1095 and much less than MLAC’s original request of $26 million. Thank you for your advocacy to bring us this far, and we look forward to fighting for the full requested increase in the Senate.

Click here for more information about this issue.

Youth Homelessness

Housing and Support Services

Despite reports of youth homelessness on the rise in Massachusetts, the House rejected Rep. James O’Day’s Amendment #883, which would have increased funding for services and support for youth experiencing homelessness to a much-needed $5 million.

Increased funding for this line item (4000-0007) is vital if we are going to build on past progress and create a sustained, systematic, and effective response to end youth homelessness in Massachusetts.

We are deeply disappointed that the House failed to increase funding for these critical programs to support youth experiencing homelessness, and will continue to push for increased funding in the Senate.

Click here for more information about this issue.

Massachusetts State ID

Government issued identification is necessary to complete many crucial and daily tasks, such as opening a bank account, enrolling in education programs, getting a library card, entering certain government buildings, and more.

But youth experiencing homelessness face several barriers that often prevent them from obtaining ID.

Rep. Kay Khan refiled a bill addressing this issue again this year (despite broad support, the bill failed to pass last session) and she also filed two amendments to the House budget that would have helped eliminate the barriers youth experiencing homelessness face now.

Unfortunately, Rep. Khan’s budget amendments were also not adopted by the House last month. While we will continue to advocate for the refiled bill seeking to solve this throughout this legislative session, we are hopeful that the Senate will include similar language in their proposed budget. Including this language in the final FY20 budget would allow youth experiencing homelessness to access IDs sooner rather than later.

These changes to ensure youth experiencing homelessness are able to obtain state ID should not be controversial. These are common-sense reforms that repair the damage insurmountable hurdles – such as a $25 application fee or requiring a permanent address – have caused for our most vulnerable youth.

Click here for more information about this issue.

So there it is…the first stage of the 2020 budget battle is over. And when it comes to our students, our low-income neighbors, our young people most in-need, we have one thing to say to the Legislature: We must do better.

Thank you for raising your voice and standing up for these key line items in the state budget. The Senate Committee on Ways & Means is scheduled to release its budget recommendations TOMORROW, with amendments due this Friday at noon, and we hope you join us again! Each and every time you reach out to your State Legislators and lend your voice to the chorus calling out on behalf of indigent communities, you are bringing us one step closer to a more equal and just Massachusetts.

 

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