La. R. Sup. Ct. 4
Law school clinical program staff and student practitioners who appear in a representative capacity pursuant to this rule may represent any individual or family unit whose annual income does not exceed 200% of the federal poverty guidelines established by the Department of Health and Human Services. These guidelines need not be applied when the client is court-appointed or court-referred and the appointing or referring court has reviewed the economic condition of the client and has determined that the client is indigent. Note: Amended effective April 15, 1999.
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The Department of Health and Human Services annually updates the federal poverty guidelines. The 1999 federal poverty guidelines are published at 64 Federal Register No. 52, pp. 13428-13430 (March 18, 1999).
Pursuant to Rule XX amendments which became effective on July 1, 1998, law clinics were required to follow the Legal Services Corporation eligibility guidelines for determining whether a person was eligible for representation. The maximum annual income level for representation under the LSC guidelines is 125% of the federal poverty guidelines. However, the Legal Services Corporation regulations allow for exceptions for persons whose annual income does not exceed 150% of the LSC maximum (125% of poverty). The LSC exceptions, therefore, allow for the representation of persons whose annual income does not exceed 187.5% of poverty (150% of the LSC maximum annual income level (125% of poverty)), provided a sufficient showing of need is made.
Minor changes have been made for ease of administration of the rule. The Court has amended the eligibility requirements to simplify the financial screening which must be performed to determine if a person is eligible for representation. Clinics now need not find special reasons to represent persons whose income falls between 125% and 187.5% of the federal poverty guidelines, and may now represent any person whose annual income does not exceed 200% of the federal poverty guidelines. Thus, for example, an individual may be represented if his/her annual income does not exceed $16,480 (200% of $8,240); a four person family unit may be represented if their annual income does not exceed $33,400 (200% of $16,700); and a seven person family unit may be represented if their annual income does not exceed $50,320 (200% of $25,160). As noted, these income figures will change annually with the promulgation of new federal poverty guidelines.
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La. R. Sup. Ct. 4