they had been conducting. This alleviates the delegating of the board's power to the executive committee which use to meet whenever necessary in-between the board's quarterly meetings. The low-income on the board are ultimately chosen by the board itself. Each neighborhood CAP Agency (there are nine) nominates two to three people from each area and the board selects one of those nominated to serve. The program should change its by-laws to provide for the direct democratic selection of one third of the board members by the poor. At present only 4 and not % of the board members are representatives of the low-income community. Since the board had met so infrequently and since there are changes being made in the by-laws, a manual has not been developed to help orientate those members to the goals and priorities of Legal Services. A manual should be developed which contains the board's minutes, executive committee's meeting minutes, the funding request, quarterly MIS statistics, the Articles of Incorporation, the By-Laws, and any other relevant information for directing the corporation. In this way, each board member will have immediate access to the materials needed to make policy decisions. At present, the executive committee is considering a by-law which will permit the board to ask for resignations from those board members who are continually absent. Non-interested members or those who find it difficult to attend should be allowed to resign. Serious thought should also be given as to the poor representative's convenience in the scheduling of board meetings. An informal study should be made as to what time it is best to meet. Also, other low-income representatives as well as those from CAP advisory councils should be considered. Representatives from other low-income groups, such as ADC Mothers Welfare Rights and Tenants Council, would be valuable board members. IV. COMMUNITY RELATIONS The program has a good working association with the Kansas City Bar. This local bar contributes between $3,000 and $4,000 a year to the program. This contribution is for the program's operation of the lawyer referral system. There appears to be no significant hostility to the program by members of the bar and there are a number of bar members, some of whom are on the board, who strongly endorse the program. There is a panel of 200 attorneys available to take one or two default divorce cases a year. Those attorneys who are on the board are supporting Mr. Miller wholeheartedly. They are impressed with the job he is doing and they have supported him with loyalty when he faced friction from the community in relation to a former Reginald Heber Smith Fellow working with the program. Basically the program has established a strong rapport and credibility with many low-income groups. Much of this is the result of Mr. Miller's active role in the community. He attends many community meetings and he has established personal acquaintances with various community leaders. The director of the Human Relation Corporation, Mr. Chester Stovall, stated that the program has greatly improved since Mr. Miller became director. He cited last year's incident when low-income representatives backed the program as one of HRC's best when it came under criticism for having its funding application late. Mr. Stovall felt that the program must develop an efficient community education program since he thought one of the most serious problem areas among the low-income was their lack of knowledge as to their legal rights and responsibilities. There have been some problems with communications between Legal Services and various HRC coordinators. The Legal Services southside office was open for two months before the HRC coordinator for that target area knew about it. Its existence was brought to her attention not by the program, but by a client. The program's relaionship with the welfare director was strained, but since Mr. Miller had kept contact with caseworkers and caseworker-supervisors this situation was not serious, but most likely the result of the agencies being in opposition on several legal matters concerning welfare recipients. The United Fund has included the Legal Aid Society as one of its agencies and has granted it in excess of $20,000 a year. Such local funding has helped to increase the program's federal funding V. CONCLUSION Although the program showed several weaknesses at the time of the evaluation, most of these have been remedied at the time of the evaluation follow-up. A full-time law reform unit has been established. The central office has specialized in domestic relations cases and juvenile matters. This has allowed the neighborhood offices to diversify their activity and increase the program's involvement in consumer, landlord-tenant, and welfare law matters. This specialization has also helped increase client confidentially at the central office since interviews are being held in attorneys' offices only. The board of directors is now meeting monthly and there is work under way to revise the by-laws. Since last Spring the program has acquired three Black attorneys. Also, two Reginald Heber Smith Fellows and seven VISTA attorneys have been added to the staff. In addition to this expansion, plans are under way to use Model Cities money and expand the westside office. Plans should also be made to expand the Independence, Platte City, and Clay County offices. Overall, the program has begun to attract a competent and aggressive staff. The administration has improved dramatically in recent months, and the program enjoys broad community support. As the staff gains experience, this program will acquire the potential for being one of the better Legal Services programs in the country. NEWSLETTER BILL OF RIGHTS: JURY TRIAL RIGHT TO JURY TRIAL IN MUNICIPAL COURT. Sixteen college students were convicted in municipal court of disturbing the peace, an offense which carried a maximum sentence of one year in jail. Legal Aid lawyers, working with local A.C.L.U. counsel, appealed the convictions to the (county) circuit court Motion was made for dismissal, on the ground that denial by the municipal court of defendants' request for a jury trial was in violation of the Sixth Amendment, since the possible penalty of over 6 months' imprisonment made the offense a "serious offense" under the rule in Duncan v. Louisiana. Defendants' motion was sustained by the circuit court, and the charges were dismissed. (A few days later, the city council amended the ordinance on disturbing the peace, reducing the maximum penalty from one year to six months.) CONSUMER PROTECTION IMPROPER SALE OF REPOSSESSED CAR ALLEGED. In a pending case before the magistrate court of the western district of Clay county, Legal Aid counsel is representing the defendant who is being sued for a deficiency judgment by the bank holding his note for the purchase of an automobile. The car was repossessed by the bank and sold to a junk-dealer for $50; the bank is now suing the defendant for the balance due on his note in excess of the $50. The defendant claims that he did not receive notice of the sale, and that $50 did not represent the true value of the car. The question being considered by the court is, What constitues proper notice of the sale of a repossessed item under the Uniform Commercial Code? Is proof of mailing the notice sufficient, or must the notice actually be received by the debtor? There has been no Missouri ruling on this point. The case is set for oral argument before the court early in October. SUIT AGAINST LOAN COMPANY ALLEGES TRUTH-IN-LENDING VIOLATIONS. A class action in Federal court has been filed against a loan company, in which violations of the October, 1970 Truth-in-Lending Act are alleged. During discovery proceedings, Legal Aid personnel inspected all of the loan contracts made by the company during a 60-day period. It was found that all 179 of the contracts signed during this period had substantial violations of the Act apparent on the face of the contract. The plaintiff is asking for damages and other appropriate relief for himself and for all others in the class which his suit represents. CRIMINAL LAW RIGHT OF TRIAL COURT TO AWARD FEE TO COURT-APPOINTED COUNSEL. In two criminal cases pending on appeal in the Missouri Supreme Court, the state has appealed an award by the trial court of reasonable fees to court-appointed counsel representing the indigent defendant. These cases have been consolidated and set for argument late this month; the Legal Aid and Defender Society has been permitted to file a brief amicus curiae. In its brief it is urged that the courts have inherent power to make an award of a reasonable fee to court-appointed counsel representing an indigent defendant charged with a felony, even though no statute gives such authority to the courts explicitly. During the past one hundred years, this question has been passed on by the Missouri Supreme Court in only two instances, in both of which it denied the power of a court to award counsel fees. The criminal division of the Legal Aid and Defender Society receives the bulk of its financial support from the local courts. An unfavorable ruling in this case by the Missouri Supreme Court could prevent the local courts from making this contribution, unless the Missouri legislature were to pass a public defender bill. A public defender bill was unsuccessfully introduced two years ago. Because of severe shortage of state funds, it is doubted whether any such bill would pass in the next session of the legislature. RELEASE OF DEFENDANTS WHO HAVE BEEN EXONERATED. In two recent unrelated Kansas City murder cases, the persons who were arrested and charged with first-degree murder were later completely exonerated of any connection with the respective killings, before the cases came up before the court. In each case, after the facts establishing the suspects' non-complicity became known to the prosecutor's office, the charges were dropped. However, the defendants remained incarcerated. In an ordinary case involving a dismissal of felony charges, the defendant is not released from jail until the case comes up on the court calendar, and in some cases the defendant may be bound over to the circuit court for trial before the prosecutor has formally withdrawn the charges. In a case of first-degree murder, in which bail is not granted, this could involve several weeks in jail for the innocent suspect. In these two cases, defense lawyers from the Legal Aid and Defender Society spent many overtime hours to compel favorable action from the prosecutor's office so that the defendants would be completely exonerated and released. Ultimately the defendants were released from jail several weeks earlier than would otherwise have occurred. CLEARING THE RECORD OF PERSONS ERRONEOUSLY CHARGED WITH MURDER. In the above cases, lawyers from the Legal Aid and Defender Society also succeeded in getting records of the individual suspects completely purged of mention of the murder charges which had been filed against them. In an ordinary dismissal, which may be for a number of reasons, such as lack of enough proof to convict, the fact that charges were once filed remains on the defendant's criminal record. These two cases are somewhat unique, since the complete innocence of the defendants had been established. No clear-cut practice seems to have been established regarding clearing the record of the suspect in cases where the charge was mistakenly made. However, now that a precedent has been set, indications are that if similar cases occur in the future, counsel for the Board of Police Commissioners will cooperate in clearing the records of defendants who have been completely exonerated before trial. DOUBLE JEOPARDY ALLEGED IN HOLDING DEFENDANT ACQUITTED OF MURDER OF FIRST VICTIM FOR TRIAL ON MURDER OF SECOND VICTIM. In another first-degree murder case, the defendant was charged with first-degree murder of two bakery workers shot while at work at night in the bakery. The defendant was tried for murder of one of the victims and found not guilty by the jury. However, he is still in custody awaiting trial for murder of the other victim. Defense counsel from the Legal Aid and Defender Society has filed a writ of habeas corpus in the Supreme Court of Missouri, based on the recent U.S. Supreme Court decision in Ashe v. Swenson, which held that such second trial, where the facts would be nearly identical with those of the first trial, constitutes double jeopardy and is in violation of the United States Constitution. A ruling on the writ of habeas corpus is expected shortly. ECONOMIC DEVELOPMENT WEST SIDE ECONOMIC DEVELOPMENT PROJECT BEING STUDIED. Legal Aid attorneys have been involved in community affairs on the West Side because of the pending cut through that neighborhood of a new interstate highway. In the course of this involvement, a large-scale economic development enterprise on the West Side has been suggested. If enough community interest is shown, it is hoped to be able to have a feasibility study conducted by experts, who would then make recommendations based on their study, which might call for governmental support of economic redevelopment by residents. At present the project is still in the planning stages. SAC-20 CONTRACTS NEGOTIATED. Legal Aid attorneys have assisted the Social Action Committee of 20, known as SAC-20, in negotiating and drawing up contracts with Model Cities and with the National Training Laboratory for a program which will involve training of Model Cities residents. HOUSING USE OF IMPLIED WARRANTY OF HABITABILITY" DEFENSE BY TENANT. A client was recently sued by her ex-landlord for three months' rent not paid while the property stood condemned by the city health department. Legal Aid counsel filed an answer alleging breach of an "implied warranty of habitability", as evidenced by numerous violations by the landlord of the housing code. In addition, a counterclaim was filed against the landlord, praying for damages against the landlord for physical suffering and mental anguish on the part of the tenant because of the housing-code violations. Shortly after Legal Aid counsel filed the counterclaim and request for a jury trial, the landlord negotiated a settlement. His action for the back rent was dismissed with prejudice, and the tenant was paid $100 for dismissing her counterclaim. EVICTION CASE. A caseworker recently called in Legal Aid attorneys to represent a tenant whose landlord had given him one-day notice of eviction. Upon investigation, it was discovered that the landlord had similarly evicted all the tenants of his apartment house. Legal Aid counsel contacted the landlord and explained his legal responsibilities to him. The landlord eventually agreed to pay the moving costs of all of the evicted tenants, and also donated some furniture to tenants who would need it after moving. PUBLIC HOUSING EVICTION PROCEDURES. In recent months, Legal Aid attorneys have attended many meetings of public housing tenants organizations, as well as many hearings on evictions of public housing residents. As a result of these activities, a new code of procedure for eviction hearings is in the process of being drafted. When it is completed, it will be submitted to the various tenants organizations for approval. JUVENILE PROBLEMS LEGAL RIGHTS OF NATURAL MOTHER AS OPPOSED TO THOSE OF FOSTER-PARENTS. About 4 years ago a 20-year-old mother of two young children sought the aid of the juvenile court because of problems she had in controlling the older child, age 4. The juvenile court assumed custody of the children and referred the mother to a psychiatric clinic. The customary court finding of parental neglect was issued, and the children were placed in a temporary foster home under supervision of the court. The mother proceeded to obtain psychiatric help as recommended by the court. In January of this year the mother, now 24 years old and self-supporting, approached Legal Aid attorneys for help in regaining custody of her children. Application was duly made to the juvenile court on her behalf. At this point the foster-parents sought to intervene in the mother's suit for custody and to file a petition of their own for adoption of the children. Counsel for the foster-parents is now claiming the right to examine the natural mother on all aspects of her life since she first placed the children with the juvenile court, and to compare her prospects for the future with those of the foster-parents. If a mother seeks help with her children from the juvenile court, must she later, in order to regain custody, be prepared to prove that she can offer the children better prospects than those of foster-parents with whom the court placed the children on a temporary basis? Legal Aid counsel is stressing two general principles of juvenile law: (1) placing children in a temporary foster-home by the court gives the foster-parents no rights of permanent custody or eventual adoption of the children; and (2) it is the primary function of the juvenile court to help preserve the natural family and to help re-unite the family if separation has occurred. SCHOOL PROBLEMS RIGHT OF CHILDREN TO FREE PUBLIC EDUCATION. A number of school districts are apparently attempting to read a "parents' residency" requirement into the right of a child to a free public education. Eleven such cases have been handled by Legal Aid attorneys in recent weeks. In each case the child was living with relatives who were residents of the school district although the child's parents were not. After discussion with school authorities, Legal Aid attorneys were able to demonstrate the unconstitutionality of refusing the child tuition-free schooling, and the child was admitted to the schools on a tuition-free basis. In another case, the right to free public education of children permanently institutionalized in a home for retarded children is involved. The home, located within the Hickman Mills school district, is a non-profit corporation, and many of the children, now 6 to 18 years of age, have been permanently institutionalized there under court order since they were small infants. This year the Hickman Mills school district has refused to accept on tuition-free basis certain of the children whose parents are not Missouri residents. Legal Aid attorneys argue that the residency of the parents is not a valid criterion for determining the child's right to a free public education, and have filed suit against the school district in Federal Court. This action is still pending. a CASES INVOLVING LONG HAIR. Upon the reopening of school after summer vacation, there have been a number of confrontations of long-haired students with school authorities. About thirty of these students have sought Legal Aid assistance. Most of the cases have involved outlying school districts rather than those of the inner-city. In each case in which the student had the backing of his parents, Legal Aid attorneys have been successful in getting the student admitted to school long hair and all. These settlements have been arrived at after many consultations with school authorities and attorneys for school districts. WELFARE PROMPT ACTION ON APPLICATIONS FOR FAIR HEARINGS DEMANDED. Federal social security regulations establish the right to fair hearings by welfare applicants or recipients when there has been a ruling against them by the state welfare department. The federal regulations specify that such fair hearings should be held within 60 days of the date application is made for the fair hearing. In Missouri, the time elapsing between the date of application for a fair hearing and the actual hearing and determination of the case is often up to 90 days. Legal Aid attorneys have filed a suit in U.S. District Court requesting a declaratory judgment that this practice is in violation of the Federal social security regulations. This suit is still pending in Federal Court. MISSOURI WELFARE STATUTE UNDER ATTACK. A Missouri statute, R.S.Mo.208.040(2), requires that a mother applying for welfare for her |