The Bronx Defenders : Community Outreach : The Civil Action Project

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The Civil Action Project

When the state exercises its most powerful tool of authority by initiating a criminal proceeding, whole families can be swept away by the civil consequences. A criminal proceeding can result in far-reaching and unforeseen harm, leading to lost homes, lost jobs, and broken families even when a person is proven blameless. For many of our clients, these hardships, which are often felt by their children and families, are more severe than the criminal charges confronting them.

Conversely, complications such as a loss of benefits, termination of employment, or an eviction often serve as the catalyst for entry into the criminal justice system. As a leader in the community defender initiative, The Bronx Defenders recognizes that most clients cycle through the criminal justice system as a result of deeper and interrelated social problems that existing social services have failed to address.

As public defenders, we are often the first to hear about these difficulties and have the unique opportunity for early intervention in a crisis. Proper civil advocacy around these issues can result in the reinstatement of benefits or employment or the prevention of an eviction, effectively eliminating the legal difficulties that caused the initial arrest. We are committed to an interdisciplinary and community-based approach to resolving the crisis of a criminal case, addressing root problems that have manifested themselves in offender behavior.

Our new Civil Action Project intends to provide comprehensive legal services to our clients and their families by fully integrating civil representation with our criminal defense practice. Founded in 2000 with the support of the Skadden Foundation, the project is now completing its exploratory and planning phase. Staffed only by the project's founder, McGregor Smyth, the project has accepted pilot cases through an informal referral process, assembled resources for a civil practice, built support in the legal community, and planned its evolution into a model program.

In the fall of 2002, The Civil Action Project will enter a critical stage of development. Two additional lawyers -- a civil staff attorney and an immigration attorney -- will join the project. Through this necessary growth, the project will mature from informal referrals and pilot cases to systematized intake and training, extensive community engagement, and meaningful data collection and analysis. We will continue to help our clients address the legal problems, such as eviction, loss of public assistance or Medicaid, and unlawful forfeiture, that dismantle our clients' families and prevent them from moving forward with their lives. Moreover, we will collaborate with the surrounding community to identify and challenge systemic, unfair or discriminatory practices that arise from involvement with the criminal justice system in fields including housing, police practices, entitlements, and employment law.

Holistic advocacy is not simply an ideal; it is a necessity. To those living in poverty, the margin of survival is precariously narrow. Each lives in a house of cards, and one adverse action may send it tumbling down. By focusing on the needs of the "whole client" - assisting their families, advocating for their communities, and addressing the underlying issues that have caused their involvement with the criminal justice system - we empower individuals, strengthen families, and help communities to prosper.

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