(a) Powers of nonprofit corporation; additional powersTo the extent consistent with the provisions of this subchapter, the Corporation shall exercise the powers conferred upon a nonprofit corporation by the District of Columbia Nonprofit Corporation Act (except for section 1005(o) of title 29 of the District of Columbia Code). In addition, the Corporation is authorized—
(1)
(A) to provide financial assistance to qualified programs furnishing legal assistance to eligible clients, and to make grants to and contracts with—
(i)
individuals, partnerships, firms,
corporations, and nonprofit organizations, and
(ii)
State and local governments (only upon application by an appropriate
State or local agency or institution and upon a special determination by the
Board that the arrangements to be made by such agency or institution will provide services which will not be provided adequately through non-governmental arrangements),
for the purpose of providing
legal assistance to
eligible clients under this subchapter, and (B) to make such other grants and contracts as are necessary to carry out the purposes and provisions of this subchapter;
(2)
to accept in the name of the
Corporation, and employ or dispose of in furtherance of the purposes of this subchapter, any money or property, real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or otherwise; and
(3) to undertake directly, or by grant or contract, the following activities relating to the delivery of legal assistance—
(A)
research, except that broad general legal or policy research unrelated to representation of
eligible clients may not be undertaken by grant or contract,
(B)
training and technical assistance, and
(C)
to serve as a clearinghouse for information.
(b) Disciplinary powers; representational questions; interference with professional responsibilities of attorneys; bar membership; restrictions; languages other than English
(1)
(A)
The
Corporation shall have authority to insure the compliance of
recipients and their employees with the provisions of this subchapter and the rules, regulations, and guidelines promulgated pursuant to this subchapter, and to terminate, after a hearing in accordance with
section 2996j of this title, financial support to a
recipient which fails to comply.
(B)
No question of whether representation is authorized under this subchapter, or the rules, regulations or guidelines promulgated pursuant to this subchapter, shall be considered in, or affect the final disposition of, any proceeding in which a person is represented by a
recipient or an employee of a
recipient. A litigant in such a proceeding may refer any such question to the
Corporation which shall review and dispose of the question promptly, and take appropriate action. This subparagraph shall not preclude judicial review available under applicable law.
(2)
If a
recipient finds that any of its employees has violated or caused the
recipient to violate the provisions of this subchapter or the rules, regulations, and guidelines promulgated pursuant to this subchapter, the
recipient shall take appropriate remedial or disciplinary action in accordance with the types of procedures prescribed in the provisions of
section 2996j of this title.
(3)
The
Corporation shall not, under any provision of this subchapter, interfere with any attorney in carrying out his professional responsibilities to his client as established in the Canons of Ethics and the Code of Professional Responsibility of the American Bar Association (referred to collectively in this subchapter as “professional responsibilities”) or abrogate as to attorneys in programs assisted under this subchapter the authority of a
State or other jurisdiction to enforce the standards of professional responsibility generally applicable to attorneys in such jurisdiction. The
Corporation shall ensure that activities under this subchapter are carried out in a manner consistent with attorneys’ professional responsibilities.
(4)
No attorney shall receive any compensation, either directly or indirectly, for the provision of
legal assistance under this subchapter unless such attorney is admitted or otherwise authorized by law, rule, or regulation to practice law or provide such assistance in the jurisdiction where such assistance is initiated.
(5)
The
Corporation shall insure that (A) no employee of the
Corporation or of any
recipient (except as permitted by law in connection with such employee’s own employment situation), while carrying out
legal assistance activities under this subchapter, engage in, or encourage others to engage in, any public demonstration or picketing, boycott, or strike; and (B) no such employee shall, at any time, engage in, or encourage others to engage in, any of the following activities: (i) any rioting or civil disturbance, (ii) any activity which is in violation of an outstanding injunction of any court of competent jurisdiction, (iii) any other illegal activity, or (iv) any intentional identification of the
Corporation or any
recipient with any political activity prohibited by
section 2996f(a)(6) of this title. The
Board, within ninety days after its first meeting, shall issue rules and regulations to provide for the enforcement of this paragraph and
section 2996f(a)(5) of this title, which rules shall include, among available remedies, provisions, in accordance with the types of procedures prescribed in the provisions of
section 2996j of this title, for suspension of
legal assistance supported under this subchapter, suspension of an employee of the
Corporation or of any employee of any
recipient by such
recipient, and, after consideration of other remedial measures and after a hearing in accordance with
section 2996j of this title, the termination of such assistance or employment, as deemed appropriate for the violation in question.
(6)
In areas where significant numbers of
eligible clients speak a language other than English as their principal language, the
Corporation shall, to the extent feasible, provide that their principal language is used in the provision of
legal assistance to such clients under this subchapter.
(c) Participation in litigation; lobbying activitiesThe Corporation shall not itself—
(1)
participate in litigation unless the
Corporation or a
recipient of the
Corporation is a party, or a
recipient is representing an
eligible client in litigation in which the interpretation of this subchapter or a regulation promulgated under this subchapter is an issue, and shall not participate on behalf of any client other than itself; or
(2)
undertake to influence the passage or defeat of any legislation by the
Congress of the United
States or by any
State or local legislative bodies, except that personnel of the
Corporation may testify or make other appropriate communication (A) when formally requested to do so by a legislative body, a committee, or a member thereof, or (B) in connection with legislation or appropriations directly affecting the activities of the
Corporation.
(d) Miscellaneous prohibitions
(1)
The
Corporation shall have no power to issue any shares of stock, or to declare or pay any dividends.
(2)
No part of the income or assets of the
Corporation shall inure to the benefit of any director, officer, or employee, except as reasonable compensation for services or reimbursement for expenses.
(3)
Neither the
Corporation nor any
recipient shall contribute or make available corporate funds or program personnel or equipment to any political party or association, or the campaign of any candidate for public or party office.
(4)
Neither the
Corporation nor any
recipient shall contribute or make available corporate funds or program personnel or equipment for use in advocating or opposing any ballot measures, initiatives, or referendums. However, an attorney may provide legal advice and representation as an attorney to any
eligible client with respect to such client’s legal rights.
(5)
No class action suit, class action appeal, or amicus curiae class action may be undertaken, directly or through others, by a
staff attorney, except with the express approval of a project director of a
recipient in accordance with policies established by the governing body of such
recipient.
(6)
Attorneys employed by a
recipient shall be appointed to provide
legal assistance without reasonable compensation only when such appointment is made pursuant to a statute, rule, or practice applied generally to attorneys practicing in the court where the appointment is made.
(e) Political activities of Corporation employees and staff attorneys
(1)
Employees of the
Corporation or of
recipients shall not at any time intentionally identify the
Corporation or the
recipient with any partisan or nonpartisan political activity associated with a political party or association, or the campaign of any candidate for public or party office.
(f) Harassment; malicious abuse of legal process
If an action is commenced by the Corporation or by a recipient and a final order is entered in favor of the defendant and against the Corporation or a recipient’s plaintiff, the court shall, upon motion by the defendant and upon a finding by the court that the action was commenced or pursued for the sole purpose of harassment of the defendant or that the Corporation or a recipient’s plaintiff maliciously abused legal process, enter an order (which shall be appealable before being made final) awarding reasonable costs and legal fees incurred by the defendant in defense of the action, except when in contravention of a State law, a rule of court, or a statute of general applicability. Any such costs and fees shall be directly paid by the Corporation.
(
Pub. L. 88–452, title X, § 1006, as added
Pub. L. 93–355, § 2,
July 25, 1974,
88 Stat. 381; amended
Pub. L. 95–222, §§ 5(a), (b), 6, 7(a), 8,
Dec. 28, 1977,
91 Stat. 1619, 1620.)
Amendments
1977—Subsec. (a)(3). Pub. L. 95–222, § 5(a), (b), substituted “, or” for “and not” and in par. (A) inserted exception for broad general legal or policy research.
Subsec. (b)(1). Pub. L. 95–222, § 6(a), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (c)(1). Pub. L. 95–222, § 6(b), inserted provisions setting forth situations when the Corporation may participate in litigation.
Subsec. (d)(6). Pub. L. 95–222, § 6(c), added par. (6).
Subsec. (e)(2). Pub. L. 95–222, § 7(a), inserted provisions relating to staff attorneys.
Subsec. (f). Pub. L. 95–222, § 8, substituted “the court shall” for “the court may”.
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