Correspondence from Lani Guinier to James R. Kellogg

    DE L FUND, INC. 

WELFAR AWS 

Model legislation would make it clear that the 

prime criterion recipients must have is continuing financial 

need. Under such a statute, all the following practices 

b which now exist in many states would be prohibited: 

a. Aid would not be cut off to a woman with children 
I social relationship with a man, without 

that the man was actually providing the 
for the family. 

b. Persons would not be dropped from welfare rolls 
when they secure part-time employment, but the 
state would simply cut the aid proportionately. 

c. There would be no provisions for a "maximum 
grant." Grants would increase as the size of 
the family increased. 

2. Residence Requirements 

The provisions in state laws requiring residence 

ate or county for periods up to a year, work a 

originally designed to discourage an excessive number of indigents 

from coming into the state. Studies have shown, however, that 

persons rarely travel from one state to another simply to get 

on welfare The requirements that one be esident of a given 

county works a particular hardship on migrant workers who 

move from one county to another in order to earn a living. 

3. Rehabilitation 

Provisions could be made for job training of persons 

who were employable, One could also set up day-care centers 

for mothers on welfare so that they could avail themselves of 

these training programs. You would staff the day-care centers 

mothers whe care rare = 



PUBLIC HOUSING 

Persons who are to be evicted from public housing 

should be given a notice of the charges against them and some 

form of administrative review for them to cbject. Legislation 

could also state that those matters which are unrelated to the 

financial need of the tenant for low-rent public housing, and 

which would not be the basis to evict a tenant from private 

housing, should not be used by a public housing authority to 

decide who is a suitable tenant. This would, for example, 

prohibit a public housing authority from refusing admission 

to a woman because she has an illegitimate child. Legisla- 

tion could also require the housing Suthority to establish 

orderly procecures for handling applications and require 

that applicants be apprised periodicallly of the status of 

their applications. 

SLUM HOUSING 

At present, only large cities in the South have 

housing code ordinances. Model legislation could be drafted 

to provide for state-wide minimum housing standards, Indigent 

tenants could also be afforded private remedies against land- 

lords who refuse to comply with minimum housing standards 

such as, permitting rent abatement or rent withholding under 

court supervision, 

THE INDIGENT AS CONSUMER 

1, Garnishment 

Many states permit a creditor to garnish an employee's 

wages before proving that the employee actually has a debt 

owed to the creditor, Legislation could prohibit this practice. 

~Also.aportion.of. the. employee's..wages could. be made exempt.from 

garnishment so that he is left with enough income to meet the 

bare necessities, Employers could also be prohibited from 



lo 

The following subjects in the criminal law are especially suit- 

able for legislative reform: 

1. Bail 
Antiquated state bail practices which continue the incar- 

ceration of persons solely because of their poverty are in need of 

change. The Federal Bail Act may provide a useful model, 

2. Status Crimes 

Vague prohibitions of vagrancy, delinquency, etc., provide 

standardless. discr tion to the s0lice to harass the poor and minority 

group members. These statutes are mainly a holdover from an eariler 

day. Repeal or modification seems called for. 

3. sSuvenile Delinguency 

To what extent do juvenile court acts provide for procedu 

rights to an accused juvenile? These laws can be amended to specifi-~ 

cally provide safeguards. 

4, Right To Counsel 

In many areas appointed counsel is the only representation 

the poor have available, To what extent are standards for compensa~ 

tion for these attorneys outmoded? Are advisory services such as 

investigators, etc., provided for. 

5. Compentency To Stand Trial 

Practice in many states permits a judge to send an accused 

to jail for many years without trial simply because he is found 

incompetent to stand trial even though he and his attorney are 

willing to face criminal charges. Legislative reform is urgently 

needed of the procedures involved here. 



discharging workers because wages have been garnished, 

2. Service of Process 

Quite often creditors use process servers who never 

actually serve a complaint on an indigent debtor, The creditor 

then secures a default judgment against the debtor because he 

does not respond in court. Process servers could be licensed 

or made public employees whereby greater supervision could be 

exercised over them. 

MIGRANT WORKERS 

1. The Vote 

Migrant workers who move frequently within a state 

or who move from one state tc another often fail to meet the 

present residency requirements. New legislation could secure 

the vote for migrant workers in state elections (e.g. Governor, 

Attorney General) where lack of residence in a given county would 

not mean the voter was unacquainted with the issues. 

2. Union Organization 

Legislation could protect the right of migrant 

workers to engage in organization of unions without harass- 

ment or interference from employers.