Appeals panel hears arguments over restrictions on Louisiana law school clinics

By The Associated Press

11.08.00

Printer-friendly page

NEW ORLEANS — Opponents of restrictions imposed on Louisiana law school clinics that represent the poor argued before a federal appeals panel yesterday that the rules are unconstitutional.

The opponents say the rules adopted by the Louisiana Supreme Court last year hurt the clinics' ability to help the needy in fights against wealthier interests.

And, they claim, the state high court only adopted the rules because Gov. Mike Foster and big businesses were angered by the Tulane University clinic's largely successful fight against a new chemical plant in St. James Parish.

"Can a state court change its rules for the purpose of silencing unpopular speech?" lawyer David Udell asked the three judges on the 5th U.S. Circuit Court of Appeals panel.

The answer should be no, said Udell, a lawyer with the Brennan Center for Justice at New York University School of Law.

But attorney Michael Rubin, who represented the state Supreme Court, said the law clinics made two arguments that will not stand.

"One, non-lawyers have no right to appear in court. Two, individuals have no right to counsel ... provided by non-lawyers," Rubin said.

The three judges directed most of their questions to Udell.

The Supreme Court's decision was upheld by U.S. District Judge Eldon Fallon in July 1999. In dismissing a lawsuit filed on behalf of the clinics, Fallon rejected claims the Supreme Court's "Rule XX" violated the clinics' rights to freedom of speech, freedom of association and equal protection.

The Supreme Court restrictions allow clinics at Tulane, Loyola and Southern universities to represent only people and groups who meet strict income standards. The rules also prevent clinics from representing community organizations unless 51% of their members meet the same income restrictions.

The rules were adopted after Foster objected to the Tulane Environmental Law Clinic's representation of opponents of a $700 million Shintech Inc. chemical plant proposed for St. James Parish.

As the legal fight over the proposed site dragged on, Shintech announced plans to scale down the project and switch the location to a site on the Mississippi River's west bank between Plaquemine and Addis.

Opponents of the restrictions say the income limits — no more than $16,480 for an individual and no more than $33,400 for a family of four — prevent the law clinics from representing the working poor.

Fallon disagreed, and also said political decisions possibly behind the changes did not make them illegal or unconstitutional.

"In Louisiana, where state judges are elected, one cannot claim complete surprise when political pressure somehow manifests itself within the judiciary," he wrote.

Update

Federal appeals panel upholds Louisiana law-clinic restrictions
Judges reject claim that regulations imposed by state’s highest court violate free speech, association.  05.30.01

Previous

Federal judge dismisses challenge to law-clinic restrictions
Environmentalists, law students and other plaintiffs ponder appeal in case they say grew out of Tulane law clinic's successful fight against proposed chemical plant.  07.28.99