Page 129 - Impact: Collected Essays on Expanding Access to Justice

Promoting Justice from the Inside:
The Counseling role of Local Government and school District Attorneys
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Lisa f. Grumet1
Local government attorneys have a critical role to play in promoting justice .2 School districts, cities, towns, counties and other local governments are responsible for providing many direct services to community members, including education, public assistance, child welfare, and law enforcement . They are subject to many complex federal, state and local legal requirements for providing these services .
When a local government fails to comply with one or more of these requirements, and thus fails to meet its legal obligations to a member of the public, it can be challenging for the individual to seek justice through the courts . Compounding this problem is that resources to represent individuals in civil litigation are typically limited in cases for which counsel is not legally required .3 Judicial proceedings can be complex and time-consuming .
As public servants, local government attorneys and other local officials should work together to ensure that individuals are treated fairly by local agencies and receive services that they are entitled to under the law . Given the complex legal responsibilities of local governments to members of the public, local officials should seek legal advice early on when developing and implementing new policies . And local government attorneys should be proactive in working with local policymakers to prevent and correct possible violations of the law .
This essay discusses how local government attorneys can work with local policymakers to promote justice, including compliance with the United States Constitution and implementation of lawful policies that support the rights and needs of individuals and families . Local government
1 New York Law School, Director, Diane Abbey Law Institute for Children and Families; Associate Director, Impact Center for Public Interest Law; Adjunct Professor of Law. Before coming to New York Law School in 2013, the author worked for 16 years with the New York City Law Department, and engaged in policy and counseling work in the General Litigation, Legal Counsel and Family Court Divisions. This essay is dedicated to many former clients and colleagues in New York City government who have worked to promote justice and to make New York City a better place. Thank you to Mark Daly and all of my family and to Deborah Archer, Carol Buckler, Anthony Crowell, Bruce Green, Richard Marsico, Carlin Meyer and Andrew Scherer for their comments, guidance and support.
2 “Local government” for the purposes of this essay is defined broadly to include cities, counties, school districts, towns, and other public bodies with governing authority that is limited to one defined geographic region in a state. This essay focuses on the role of local government attorneys, as opposed to state or federal attorneys, for several reasons. One is that local government is the area in which the author has personal experience. But in addition, the role of local government attorneys and their relationships with their clients can be qualitatively different from those of state or federal attorneys in several respects. First, local government attorneys’ offices are near those of their clients, which is not always the case for state or federal attorneys. Second, local governments are more involved in delivering direct services to the public than state governments or the federal government. Attorneys are often involved in counseling local officials on how to implement these services consistent with state and federal law. Third, local government attorneys are appointed or retained by local government officials, which is not always the case for state attorneys (who may work for an independently elected Attorney General). See Frederick A. O. Schwarz, Jr., Lawyers for Government Have Unique Responsibilities and Opportunities to Influence Public Policy, 53 N.Y.L. sch. l. reV. 375, 387 (2008/2009) (discussing differences between the New York City Corporation Counsel’s role and responsibilities and those of New York State and federal attorneys).
3 Several essays in this volume of IMPACT discuss the limited availability of free legal assistance for cases in which an individual is not legally entitled to free counsel, as well as initiatives to expand access to legal services. See, e.g., hon. Jonathan Lippman, Justice, Justice Shall Ye Pursue.
The Role of Government Officials